Consumer complaint received 2016-01-04
Company: EQUIFAX, INC.
State: FL
Product: Credit reporting
Issue: Incorrect information on credit report
Sub-issue: Information is not mine

Complaint:
I am a victim of ID theft and my previous case # is XXXX. My next step in resolving this issue will be to sue Equifax and XXXX XXXX, therefore, I am reaching out to you one last time to see if we can come to a resolution. I will sue them under section 1681 of the FCRA, ( see XXXX V XXXX XXXX XXXX, US Court of XXXX for the XXXX Circuit ), for defamation and financial inquiry. I filed a police report, AT THE POLICE station, submitted a signed affidavit and someone opened an account with XXXX XXXX XXXX without my knowledge or consent. This account does NOT belong to me. I am including all of the correspondence between myself and this company ; they have already received the letters that I have sent to the credit bureaus, all dispute letters in total should be approximately XXXX. After notifying Equifax multiple times with the required information, the item was never blocked and they did not do their own investigation. Congressional opinion in XXXX v XXXX XXXX, Congress states that once the bureaus are notified that the results are inaccurate, they must go beyond the original source of information and that they have a " grave responsibility '' to ensure the information received by the data furnisher is accurate, which means that they can not simply parrot what the electronic response system states. XXXX 's response states in part : " Statements were sent to the customer 's address and payments were received on the account before it was past due and charged off. The signature on the affidavit matches the signature on the application therefore XXXX respectfully declines the fraudulent account claim ''. I also received a letter from them which states that I can request a copy of the actual credit card application but that it must be notarized. Under section 609 - Disclosures to consumers ( 1681g of the FCRA ), it states that all information in the consumer 's file at the time of the request will be available to me, INCLUDING THE APPLICATION, FREE OF CHARGE. A copy of the credit card application shall be available to me, as it is part of the consumer file ; this means that I do not need to provide a notarized letter, only that I need to provide a letter requesting such. I have already stated that I am a victim of ID Theft, which means that I am not the one that opened this account. They state that my driver 's license was " swiped '' and that the signature matches. By saying that I did not open said account, it means that it was not me that brought my driver 's license into this establishment. I would also like to see the handwriting analysis that was done. ( See XXXX V XXXX XXXX XXXX ; if a handwriting analysis would have been done on the disputed fraudulent accounts they would have seen they were not a match ). I have no problem suing this company, but I would like to handle this outside of the courts. Under section 605B of the FCRA it states that, given appropriate proof of identity, copy of ID theft report and statement of information relating to any transactions, that the disputed items must be blocked within 4 business days and a full investigation into disputed accounts must be done. This company knows this account to be false and is willfully negligent.

Company response to consumer: Closed with non-monetary relief