Consumer complaint received 2023-01-28
Company: EQUIFAX, INC.
State: DC
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: Their investigation did not fix an error on your report

Complaint:
XXXX XXXX XXXX XXXX XXXX, PA XXXX Please be advised that this is my THIRD WRITTEN REQUEST and FINAL WARNING that I fully intend to pursue litigation in accordance with the FCRA to enforce my rights and seek relief and recover all monetary damages that I may be entitled to under Section 616 and Section 617 regarding your continued willful and negligent noncompliance.

As I am sure that you are well aware, current Federal case law states that Consumer Reporting Agencies bear grave responsibilities to ensure the accuracy of the accounts they report on and their responsibility must consist of something more than merely parroting information received from other sources.

The Courts have also ordered that a Reinvestigation that merely shifts the burden back to the consumer and the credit grantor can not fulfill the obligations imposed by 1681 ( a ) ( 4 ).

You are required under the FCRA to have properly verified the accuracy of an account listed on my credit report. In the results of your first re-investigation, you stated in writing that these items are being reported correctly. 

Blacks Law Dictionary, 9th Edition, 2009, defines Verify as, 1 ) " To prove to be true ; to confirm or establish the truth or truthfulness of ; to authenticate. '' 2 ) to confirm or substantiate by oath or affidavit ; to swear to the truth of. '' and Verification as, Confirmation of correctness, truth or authenticity, by affidavit, oath, or deposition. Affidavit of truth of a matter stated and object of verification is to assure good faith in averments or statements of a party. Where are the documents that you used to verify these accounts? What is the name of the person in your company who verified these accounts? What documents did they use to verify them? Please provide me with the name of that individual, their business address, and telephone number.

What this means is that your company must be willing and able to produce a document in your files that proves the account ( s ) in dispute belong to me and the information being reported is accurate and you must be able to do this in a court of law if I file a lawsuit against you. Someone in your company must authenticate the documents in your files that were used to verify the disputed accounts and to do this they must have 1st hand knowledge of the alleged account ( s ) and all that has ever transpired for the alleged account ( s ), under oath and under the penalty of perjury.

You have ignored my requests to provided me with the documents that you have in your files that you used to verify the disputed accounts which means that you have NOT verified or you can not verify any of these accounts and under Section 611 ( 5 ) ( A ) of the FCRA you are required to promptly DELETE all information which can not be verified.

The law is very clear as to the civil liability and the remedy available to me for negligent noncompliance ( Section 617 ) if you fail to comply with this Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. I demand the following accounts be verified or deleted immediately. Otherwise, please be advised that when we go to litigation and through the discovery process, you will be required to produce these documentsin addition to an affidavit swearing under oath that these are the true and correct documents that you used to verify the disputed accounts. The fact that you dont have any of the said documents in your files is proof that you did not properly verify the accounts within 30 days as required by law and the Court will order you to delete them. 

Name of Account : Account Number : Provide Physical Proof of Verification XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX Provide Physical Proof of Verification XXXX XXXX XXXX XXXX XXXX XXXX XXXX Provide Physical Proof of Verification XXXX XXXX XXXX Provide Physical Proof of Verification XXXX XXXX XXXX XXXXXXXX XXXX Provide Physical Proof of Verification XXXX XXXXXXXX XXXX Physical Proof of Verification XXXX XXXX XXXX XXXX Provide Physical Proof of Verification XXXX XXXX XXXX Provide Physical Proof of Verification Upon immediate removal of the above noted accounts, you are hereby requested to please provide me with a copy of an updated and corrected copy of my credit report showing that these accounts have been removed Thanking you in advance for prompt, quick cooperation on this highly time sensitive matter. 

Thank you, XXXX XXXX XXXX : ( XXXX ) Copy of my XXXX XXXX XXXX ; and ( XXXX ) XXXX XXXX

Company response to consumer: Closed with explanation