Consumer complaint received 2024-10-23
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: EQUIFAX, INC. (TN)

Complaint to the Consumer Financial Protection Bureau ( CFPB ) Equifax Request for Proof of Validated Signature and Legal Responsibility for Payment Enforcement Account Number : XXXX To Whom It May Concern, I am submitting this formal complaint regarding XXXX XXXX XXXX enforcement of payment obligations related to a XXXX XXXX XXXX. As an XXXX XXXX XXXX  with over 30 years of expertise in XXXX XXXX XXXX XXXX, I am writing on behalf of the consumer to highlight the apparent deficiencies in XXXX XXXX current practices. Specifically, XXXX XXXX has failed to produce adequate documentation demonstrating the consumers legally binding commitment to payments for the above-referenced account. Background The consumer previously engaged in a transaction involving a XXXX XXXX XXXX, for which XXXX XXXX XXXX is now asserting a legal obligation to enforce payment. However, the consumer has not received any substantive evidence validating the existence of an enforceable contract that complies with federal law. Despite repeated requests for validation, XXXX XXXX has failed to provide a copy of the original agreement bearing the consumers authoritative signature. As such, XXXX continued demands for payment appear to contravene federal consumer protection laws, as well as basic principles of contract law. Legal Position Under the Truth in Lending Act ( 15 U.S.C. 1635 ) and the Uniform Commercial Code ( UCC ), it is the creditors burden to demonstrate that an agreement exists, and that the consumer has explicitly consented to be bound by its terms. This burden can not be satisfied through mere assertions of debtliability or unverified statements. Instead, XXXX XXXX must produce a validated, legally enforceable document that includes the consumers signature and clearly outlines the terms and conditions of the contractual obligation. Violations XXXX XXXX XXXX refusal or inability to provide a verified, authenticated signature implicates several statutory violations, including but not limited to : 1. Violation of the Fair Credit Reporting Act ( FCRA ) : Enforcing payments and reporting an account to credit bureaus without furnishing proof of the consumers consent and legal responsibility can constitute a violation of the FCRAs accuracy requirements. 2. Violation of the Truth in Lending Act ( TILA ) : TILA requires clear and transparent disclosure of all material terms in a credit agreement. Without evidence of a signed agreement, XXXX XXXX can not assert that the consumer was adequately informed of their obligations. 3. Violation of the Fair Debt Collection Practices Act ( FDCPA ) : Continuing to demand payments without verification or validation of the debt could amount to unfair or deceptive practices under the FDCPA, which is expressly prohibited. Requested Resolution In light of the above, I respectfully request that the CFPB conduct a thorough investigation into XXXX XXXX LLCs practices and require XXXX to : 1. Provide the Consumer with a Validated Copy of the Contract : Including the consumers signature, the full terms and conditions of the loan, and any amendments or modifications that demonstrate the consumers assent. 2. Cease All Collection Activities Until Validation is Provided : Suspend all payment demands, reporting to credit bureaus, and other enforcement activities until XXXX XXXX can produce legally sufficient documentation. 3. Provide Confirmation of Compliance : Issue a written confirmation of compliance with the CFPBs investigation, along with an explanation of any corrective actions taken to address the deficiencies outlined in this complaint. Conclusion XXXX XXXX XXXX  failure to produce a validated signature calls into question the legitimacy of their collection practices and their standing to enforce payments under this account. The lack of proper documentation not only undermines the consumers rights but also reflects a troubling disregard for the fundamental principles of contractual fairness and transparency. I trust that the CFPB will act decisively to ensure that XXXX XXXX XXXX adheres to its obligations under federal law and refrains from any further enforcement actions until compliance is achieved. Thank you for your prompt attention to this matter. Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Account Number : XXXX A UCC-1 lien has been placed on the vehicle and XXXX XXXX XXXX