Consumer complaint received 2023-12-12
Company: EQUIFAX, INC.
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a company's investigation into an existing problem
Sub-issue: Was not notified of investigation status or results

Complaint:
Re : Intent To File Lawsuit for FCRA Violation To Whom It May Concern, It is a crime to threaten lawsuit with no intention of doing so, therefore you can take heed that I am very serious about filing suit against your company. I have sent ( NUMBER OF LETTERS ) previous letters to you, requesting that you remove inaccurate information from my file and you have failed to do so. 

Accordingly, I can show a judge that these accounts are inaccurate and that you violated the Fair Credit Reporting Act by ignoring my requests to investigate the items. My previous letters stated my reasons for an investigation and these reasons were not frivolous in any way. 

I have fully investigated my rights in this matter. Under the doctrine of estoppel by silence, Engelhardt v Gravens ( Mo ) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. Also, under the Fair Credit Reporting Act, these disputed items may not appear on my credit report if they can not be supported by any evidence. 

The following information therefore needs to be reinvestigated. I respectfully request to be provided proof of this alleged item, specifically the contract, note or other instrument bearing my signature. Failing that, the items must be deleted from the report as soon as possible : 1. Under 15 USC 1666B this is a billing error always paid as agreed on time this is an error this account in violation. 
XXXX XXXX  Account Number : XXXX Please correct/update this inaccurate information on my credit report. 

2. Under 15 U.S Code 1605 ( a ) If a Finance Charge was included which is the sum of all payments There Should be no late payments on this account XXXX Account Number : XXXX Please UPDATE this late payment in the Credit Report or I will seek LEGAL OPTIONS against your AGENCY in favor of my FCRA. 

3. 15 U.S. Code 1643 ( b ) Burden of proof Liability of holder of credit card XXXX Account Number : XXXX This is not mine. I am a victim of ID Theft and I have included a police report. Please investigate and remove from my credit report. 

4. 15 U.S. Code 1643 ( b ) Burden of proof Liability of holder of credit card XXXX XXXX XXXX  Account Number : XXXX This is not mine. I am a victim of ID Theft and I have included a police report. Please investigate and remove from my credit report. 

5. 15 U.S. Code 1643 ( b ) Burden of proof Liability of holder of credit card XXXX XXXX XXXX Account Number : XXXX This is not mine. I am a victim of ID Theft and I have included a police report. Please investigate and remove from my credit report. 

6. 15 U.S. Code 1643 ( b ) Burden of proof Liability of holder of credit card XXXX XXXXXXXX Account Number : XXXX This is not mine. I am a victim of ID Theft and I have included a police report. Please investigate and remove from my credit report. 

7. 15 U.S. Code 1635 ( b ) Return of money or property following rescission - Right of rescission as to certain transactions XXXX XXXXccount Number : XXXX This is not mine. I am a victim of ID Theft and I have included a police report. Please investigate and remove from my credit report. 

8. The following personal information is incorrect Previous Address ( es ) : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX If this final request does not prompt you to conduct a proper investigation of these accounts in question, and send proof to me of said investigation, I will file a civil suit in my county for damages and you can travel to defend yourself. 

Please note that you have 30 days to complete this investigation as per the Fair Credit Reporting Act Section 611 ( a ) ( 1 ) ( A ), and I do not consent to E -Oscar or any means of automatic verification. Failure to respond satisfactory within ( 30 ) days of receipt of this certified letter may result in a small claims action against your company, seeking {$1000.00} per violation for : Defamation Negligent Enablement of Identify of Fraud Violations of The Fair Credit Reporting Act I take my credit very serious and your lack of professionalism and assistance disappoints me. I am well aware of my rights under the Fair Credit Reporting Act and I intend to pursue them to the maximum. 

I await your response. 

Sincerely, XXXX XXXX XXXX : Federal Trade Commission ; Attorney General

Company response to consumer: Closed with non-monetary relief