Consumer complaint received 2024-10-30
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: EQUIFAX, INC. (CA)

# # # 1. **Laws Governing Credit Reporting Agencies** - **Fair Credit Reporting Act ( FCRA ) ** : This federal law establishes the guidelines for credit reporting agencies regarding the collection, dissemination, and use of consumer information. 
- **Fair and Accurate Credit Transactions Act ( FACTA ) ** : An amendment to the FCRA that enhances consumer safeguards, including provisions for credit monitoring and identity theft protection. 
- **Consumer Financial Protection Bureau ( CFPB ) Regulations** : The CFPB oversees compliance with the FCRA and FACTA, providing regulations that protect consumer rights and ensure data accuracy. 
- **Equal Credit Opportunity Act ( ECOA ) ** : Prohibits discrimination in credit transactions, ensuring equal access for all consumers. 

# # # 2. **CFPB Rules and Regulations** - The CFPB issues rules aimed at enhancing consumer protections, including guidelines for handling disputes, maintaining accurate reporting, and ensuring transparency in credit reporting practices. 

# # # 3. **Indenture Trustee Duties** - **Duties of Indenture Trustees** : Indenture trustees are responsible for acting in the best interests of bondholders, monitoring compliance with the indenture agreement, and ensuring that the issuer adheres to financial covenants. 
- They must report any defaults and take action to protect the interests of bondholders. 

# # # 4. **CFO Responsibilities** - The CFO of a credit reporting agency manages the financial operations, ensures compliance with relevant laws, oversees financial reporting, and mitigates financial risks. 

# # # 5. **10-K Filings** - Publicly traded credit reporting agencies submit 10-K filings to the SEC, detailing operational performance, legal proceedings, risk factors, and compliance with laws. These documents provide essential insights into the company 's financial condition and regulatory compliance. 

# # # 6. **Case Law and Consumer Victories** - **Case Law Examples** : - **XXXX XXXX XXXX ( XXXX ) ** : A significant case where consumers successfully argued that their credit report contained inaccurate information, resulting in a ruling that emphasized the responsibilities of credit reporting agencies to maintain accurate records. 
- **XXXX  v. Equifax ( XXXX ) ** : The court ruled in favor of the consumer, who demonstrated that Equifax failed to properly investigate disputed information on their credit report, resulting in damages awarded to the plaintiff. 
- *XXXX XXXX XXXX ( XXXX ) ** : A case where the consumer was able to prove that XXXX did not follow reasonable procedures to ensure the accuracy of information on their report, leading to a favorable settlement. 

As a federally protected consumer I'm seeking proof of the alleged debt, under the doctrine of estoppel by silence, XXXX XXXX XXXX ( Mo ) 281 SW 715, 719, I may presume that no proof of the alleged debt, nor therefore any such debt, in fact exists. In a good faith effort to resolve this matter amicably, I demand for proof of the debt, specifically the alleged contract or other instrument bearing my signature in wet ink, as well as proof of your authority in this matter. Absent such proof, you must terminate this collection action and correct any erroneous reports of this debt as mine. For the record, I state again that as I have no account with you, nor am I your customer, nor have I entered into a contract with you, I must ask for the following information : 1 ) Please evidence your authorization under 15 USC 1692 ( e ) 15 USC 1692 ( f ) and USC 1692 ( g ) in this alleged matter. 2 ) What is your authorization of law for your collection of information? 3 ) What is your authorization of law for your collection of this alleged debt? 4 ) Please evidence your authorization to do business or operate in the state. 5 ) Please provide proof of the alleged debt, including specifically the alleged contract or other instrument bearing my wet signature. You have 7 days of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you sent your letters in error, and that this matter is permanently closed. Your continued silence is unacceptable. Either provide the proof or correct the record to remove the invalid debt from my credit files with the three-primary credit-reporting agencies. You are currently in violation of the Fair Credit Reporting Act and the Fair Debt Collection Act. I can't obtain housing or employment due to the violations on my credit file. Failure to respond within 7 days of this letter will begin my small claims action against your company. I will be seeking { {$5000.00} } in damages for the following : 1 ) Defamation 2 ) Negligent Enablement of Identity Fraud 3 ) Violation of the Fair Credit Reporting Act After obtaining the judgment against your company, I will obtain a Writ of Execution from the Sheriffs office in your county and I will begin the process of attaching property or funds to satisfy the judgment. For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records, and any information received from you will be collected as evidence should any further action be necessary. This is a request for information only, and is not a statement, election, or waiver of status. The Federal Trade Commission ( FTC ) and the Consumer Financial Protection Bureau ( CFPB ) will be notified regarding this alleged debt.