Consumer complaint received 2018-05-31
Company: EQUIFAX, INC.
State: MD
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Information belongs to someone else

Complaint:
Dear Sir/Madam of the Consumer Financial Protection Bureau, On XX/XX/XXXX and XX/XX/XXXX, I sent Equifax correspondence requesting that they investigate several unknown accounts on my credit file, please see proof of the certified mail delivery. This request was in part related to the fact that I recently reviewed my credit report, and found several unauthorized accounts and have subsequently challenged the below alleged negative items and their right to publish such information without completeness of their summary record or providing verification proof of the below alleged items. 

Furthermore, it is important to note that they have simply stated The company that reported the information has certified to Equifax that the information is accurate. The aforementioned statement does not fully comply with the regulations set forth in section 609 of the FCRA or the procedures set forth in in the Reinvestigation of Dispute [ 15 U.S.C. 1681i ].

Reinvestigation of Dispute [ 15 U.S.C. 1681i ], Section 611 ( a ) ( 1 ) ( A ) - In general. Subject to subsection ( f ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.

Moreover, they have failed to comply with Section 609 of the FCRA, as it states : Information on file ; sources ; report recipients. Every consumer reporting agency shall, upon request, and subject to 610 ( a ) ( 1 ) [ 1681h ], clearly and accurately disclose to the consumer : ( 3 ) ( A ) Identification of each person ( including each end-user identified under section 607 ( e ) ( 1 ) [ 1681e ] ) that procured a consumer report. Equifax has not provided relative information on my file, Equifax has NOT reported the recipients, and most important they HAVE NOT clearly and accurately disclosed to XXXX XXXX XXXX the identification of each person ( including each end-user identified under section 607 ( e ) ( 1 ) [ 1681e ] ) that procured a consumer report. 

Due to their non-compliance to provide the above referenced items Im requesting they DELETE the following unknown accounts or I will be forced to follow through with my intent to file a civil lawsuit : XXXX, Account XXXX {$58000.00} Finally, I have tried repeatedly to contact Equifax and each creditor directly and have not had any success. Therefore, I ask that the CFPB enforce Equifaxs non-compliance with the FCRA. Moreover, simply responding to a consumer inquiry does not FULLY comply with the regulations stated in section 607, 609 or 610 of the FCRA. In fact, Equifax has failed to provide the requested information on two separate occasions, which specifically asked their organization to clearly and accurately disclose to XXXX XXXX XXXX the identification of each person ( including each end-user identified under section 607 ( e ) ( 1 ) [ 1681e ] ) that procured a consumer report. Therefore, as a matter of law and fact these items should be deleted immediately. 

Additionally, I contacted Equifax via certified correspondence requesting that they remove unauthorized inquires on my credit file. Furthermore, I made a feeble attempt to contact the creditors before contacting Equifax. 

As stated in my XX/XX/XXXX letter to Equifax, the creditor has not been able to provide ANY PROOF that I have initiated the inquiries, by written or verbal communication and has failed to provide permissible purpose. As such, none of these inquiries are based on a : 1. 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. written instructions of the consumer to whom it relates.

3. credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer 4. Employment purpose 5. Underwriting of insurance involving the consumer 6. Or in general a requirement of ANY PART OF LAW contained in the FCRA or state statute.

It is quite apparent that Equifax has not fully investigated either one of my claims as required utilizing Section 604 of the FCRA, Permissible Purposes of Consumer Reports 15 U.S.C. 1681b ( a ). Equifax has simply stated that I must contact each creditor, which I have, but please be reminded that it is Equifaxs duty to fully substantiate the information they are reporting on my credit file. 
Once again, I am asking Equifax to kindly DELETE these inquiries from my credit report IMMEDIATELY, as there is absolutely NO EVIDENCE of my authorization, nor permissible purpose. 

Moreover, subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer.

It is my request that the CFPB remind Equifax that under 15 U.S.C. 1681i, Paragraph ( 5 ) Treatment of Inaccurate or Unverifiable Information ( A ) In general. If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall ( i ) promptly delete. 

This correspondence to the regulatory body that oversees this organization FURTHER represents the demand to uphold Equifaxs legal responsibility to provide Valid Proof of Verifications and Completeness of records for the above inquiries you have on my consumer credit profile of the items listed above. Moreover, simply utilizing XXXX shall not be sufficient, per fact and law.

MEMORANDUM OF POINTS & AUTHORITY : FAIR CREDIT REPORTING ACT 604, 609 & 611 FAIR AND ACCURATE CREDIT TRANSACTION ACT CONSUMER FINANCIAL PROTECTION BUREAU STATE OF MARYLAND CONSUMER CREDIT REPORTING AGENCIES ACT The following inquiries are at issue : 1. XXXX XXXX XXXX XXXX, XX/XX/XXXX 2. XXXX XXXX, XX/XX/XXXX 3. XXXX XXXX XXXX, XX/XX/XXXX 4. XXXX XXXX, XX/XX/XXXX 5. XXXX XXXX, XX/XX/XXXX 6. XXXX XXXX XXXX, XX/XX/XXXX 7. XXXX XXXX XXXX, XX/XX/XXXX 8. XXXX XXXX XXXX XXXX, XX/XX/XXXX 9. XXXX XXXX, XX/XX/XXXX 10. XXXX XXXX XXXX, XX/XX/XXXX 11. XXXX XXXX XXXX, XX/XX/XXXX 12. XXXX XXXX XXXX, XX/XX/XXXX 13. XXXX XXXX XXXX XX/XX/XXXX 14. XXXX XXXX XXXX, XX/XX/XXXX 15. XXXX XXXX, XX/XX/XXXX 16. XXXX XXXX, XX/XX/XXXX 17. XXXX XXXX, XX/XX/XXXX Regards, XXXX XXXX XXXX

Company response to consumer: Closed with explanation