Complaint sub-issue: Information belongs to someone else

Plaintiff hereby referred to as XXXX XXXX XXXX Defendant hereby referred to as Equifax Information Services Upon receipt of a valid police report and an identity theft affidavit defendant hereby referred under Equifax Information Services declines or rescind to block information as a result of identity theft on consumers credit report which constituents a violation under FCRA 605B ( 15 U.S.C. 1681c-2 ) FCRA 605B ( 15 U.S.C. 1681c-2 ) states the following : ( a ) Block.  Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer ; and ( 4 ) a  statement by the consumer that the information is not information relating to any transaction by the consumer. Plaintiff was advised by Defendant to file a renewed FTC identity theft report. After providing a valid copy to credit reporting agency along with a valid law enforcement report [ enclosure 2 and 3 ], defendant declines to block information as a result of identity theft without notifying plaintiff, a violation under section 1681i ( a ) ( 5 ) ( b ) under FCRA 605B ( 15 U.S.C. 1681c-2 ) : ( 2 )  Notification to consumer. If a block of information is declined or rescinded under this subsection, the affected consumer shall be notified promptly, in the same manner as consumers are notified of the reinsertion of information under section 1681i ( a ) ( 5 ) ( B ) of this title. Defendant states that information received from collection agency including : SSN, Name match, DOB and Address was verified successfully, therefore this collection belongs to consumer. Plaintiff performed validation of this debt and responded within the 30-day time  period as set by 15 U.S.C. 1692 Section 809. Plaintiff informed defendant regarding the fraudulent nature of this debt. Specifically, following information does not match with plaintiffs consumer profile [ enclosure 4 ] : SS # Address # Insurance information # Defendant is reminded of the 607. Compliance procedures [ 15 U.S.C. 1681e ] Accuracy of report. Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. Plaintiff XXXX XXXX accuses Defendant Equifax Information Services of willful noncompliance 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] 617. Civil liability for negligent noncompliance [ 15 U.S.C. 1681o ] ( a ) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure ; and ( 2 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. ( b ) Attorneys fees. On a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. Plaintiffs actual damages include : court costs, attorneys fees, lost wages, and, intentional infliction of emotional distress. Relief : Plaintiff hereby referred as XXXX XXXX, agrees to dismiss charges against defendant hereby referred as Equifax Information Services upon blocking the fraudulent account referenced in his past disputes under ( FCRA 605B ( 15 U.S.C. 1681c-2 ) Enclosed : 1 ) Hard copy of this letter 2 ) FTC Affidavit 3 ) Police Report 4 ) Verification of debt