Consumer complaint received 2019-12-01
Company: EQUIFAX, INC.
State: SC
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:
A request to review and remove was submitted in XXXX and XXXX. I've requested to have the items removed because it is negatively affecting my credit. I also submitted an Identity Theft Affidavit as well. 

Please be advised that this is my SECOND WRITTEN REQUEST asking you to remove the unverified accounts listed below that remain on my credit report in violation of 15 U.S.C. 1681i ( a ) ( 5 ) ( A ) ( i ). You are required under this section of the FCRA to remove all disputed accounts that you did not legally verify within 30 days of receiving my 1st dispute letter. In your response to my first dispute letter you told me that the data furnisher had verified the disputed information was accurate as reported.

I asked for proof of verification, not hearsay. I also stated in my dispute letter that, It is my belief that the source of the disputed information is unreliable and that they have matched the disputed information to my credit file in error. Please verify that the social security number on the credit application used to open these disputed accounts reported on my credit report is truly mine. You can do this by sending me a copy of credit application that was used to open this account. Please also verify that all of the information published on my report concerning these disputed items is accurate. You ignored my request.

Correct me if I am wrong, it appears that your companys policy is to publish information on a consumer credit file without verifying the accuracy of that information prior to reporting it. It is also obvious that it is also a policy of your company to continue to rely on hearsay evidence by parroting what an information provider tells you instead of your company doing their own reinvestigation and legally verifying the accuracy of information that a consumer disputes.

Your policies noted above appear to me to be very unreasonable and irresponsible consiedering your company generates tens of millions of dollars a year selling this unverified information to creditors. As I am sure that you are 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.

Black 's Law Dictionary 2nd Ed. defines Verification as : Confirmation of the correctness, truth, or authenticity of a pleading, account, or other paper, by an affidavit, oath, or deposition. See : McDonald v. Rosengarten, 134 111. 126, 25 N. E. 429 ; Summerfield v. Phoenix Assur. Co. ( C. C- ) 65 Fed. 296 ; Patterson v. Brooklyn, 6 App. Div. 127, 40 N. Y. Supp. 581. You must have documents that support your claim that you verified the accuracy of the disputed item ( s ). Its the business record ( the documents ) that constitutes the accuracy, not the testimony of a 3rd party witness referring to the document ( s ).

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.

Where are the documents that your company used to verify that you are reporting these accounts accurately? What is the name of the person in your company who verified the accuracy of 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 as well as copies of the documents that they used to verify that these disputed items are being reported accurately.

You have ignored my request 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 ora you can not verify any of these accounts and under 15 U.S.C. 1681i ( a ) ( 5 ) ( A ) ( i ) of the FCRA you are required to promptly DELETE all information which can not be verified. ( continued next page ) 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 comsply 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 unverified accounts be deleted immediately. 

Name of Account : Account Number : Provide Physical Proof of Verification XXXX XXXX XXXX XXXX The balance reported is incorrect, please delete. 
XXXX XXXX XXXX XXXX The highest balance reported is incorrect, please delete. 
XXXX  XXXX XXXX XXXX The terms reported are incorrect, please delete. 
XXXX  XXXX XXXX XXXX The past due amount reported is incorrect, please delete. 

***Please delete all non-account holding inquiries older than 30 days on my credit file. 
On removal of the above noted accounts 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 your anticipated quick co-operation on this matter.

Company response to consumer: Closed with explanation