Consumer complaint received 2021-06-19
Company: EQUIFAX, INC.
State: NJ
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Was not notified of investigation status or results

Complaint:
Equifax is reporting accounts in collections that are false and that I do not own. I have filed several disputes for several accounts with Equifax, the most recent dispute filed on XX/XX/2021 and completed on XX/XX/2021. The accounts 1-3 ( in no particular order ) disputed are : 1. Collection Agency XXXX XXXX XXXX, XXXX Original Creditor Name XXXX XXXX XXXX XXXX Original Amount Owed {$770.00} Amount {$770.00} 2. Collection Agency XXXX XXXX XXXX, XXXX Original Creditor Name XXXX XXXX XXXX XXXX Original Amount Owed {$770.00} Amount {$770.00} 3. Collection Agency XXXX XXXX XXXX Original Creditor Name XXXX XXXX XXXX XXXX XXXX Original Amount Owed {$1900.00} Amount {$1900.00} After their internal investigation, ( which only took 5 days ), the investigation came back verified. According to 15 USC 1681 ( e ), the term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. 

After speaking to Equifax on a recorded line, Equifax says their internal investigation does not have to include interviews in their internal investigation. But according to 15 USC 1681 ( e ), they do. 

In addition to that, 15 U.S.C. 1681 ( d ) ( b ) states that Disclosure on request of nature and scope of investigation. Any person who procures or causes to be prepared an investigative consumer report on any consumer shall, upon written request made by the consumer within a reasonable period of time after the receipt by him of the disclosure required by subsection ( a ) ( 1 ) of this section, make a complete and accu- rate disclosure of the nature and scope of the investigation requested. This disclosure shall be made in a writing mailed, or otherwise delivered, to the consumer not later than five days after the date on which the request for such disclosure was received from the consumer or such report was first requested, whichever is the later. 

Equifax never sent me the results of the investigative report, verifying this alleged debt. They provided me with a PDF link to view this report through their online dispute center however the link they provided me is null and says its invalid. ( See attachments ) In addition to that, 15 USC 1681 ( b ) ( a ) states Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury. 
( 2 ) In accordance with the written instructions of the consumer to whom it relates. 

I have no court order or subpoena and I never gave them permission to furnish my report. 

In addition to that, 15 U.S.C. 1681 ( c ) ( 6 ) clearly states except as authorized under subsection ( b ) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information : ( 6 ) The name, address, and telephone number of any medical information furnisher that has notified the agency of its status. 

And the exceptions in this section do not apply to me. The name of the original creditor is listed on disputed accounts 1 and 2 which are both medical accounts. 

Again, these accounts listed 1-3 do not belong to me and I would like them to be removed from my account immediately. Equifax is violating my rights and are subject to a penalty up to {$1000.00} each violation per 15 USC 1681 ( n ) ( a ) Any person who willfully fails to comply with any require- ment imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00}.

In addition to all of this, the original creditors also have violated my rights by not sending any communications within 5 days of alleged delinquency informing me of these alleged debts which ultimately violated my rights to dispute these alleged debts within the 30 day window of initial communication and selling my information to 3rd party debt collectors. 

In conclusion, as the consumer, my rights are being violated, more than 5. I have only listed a few here. As the consumer I have the right to have a fair investigation of verification and Equifax is violating those rights. Please remove these accounts as they are not my accounts, this is not my alleged debt!

Company response to consumer: Closed with explanation