Consumer complaint received 2024-10-21
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Was not notified of investigation status or results
Company: EQUIFAX, INC. (GA)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX Date : XX/XX/XXXX Consumer Financial Protection Bureau XXXX CFPB ) XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX Subject : Immediate Removal of Unauthorized and Fraudulent Accounts Due to Identity Theft and Lack of Debt Obligation COMPLAINT DETAILS : 1. Account 1 : XXXX XXXX XXXX XXXX XXXX XXXX Account Number : XXXX Account Type : XXXX XXXX XXXX : {$670.00} Violation : No debt validation, no written authorization, and HIPAA violation due to unauthorized disclosure of my private medical information. 
2. Account 2 : XXXX XXXX XXXX XXXX XXXX XXXX Account Number : XXXX Balance : {$840.00} Violation : Same as Account 1. This account was reported to my credit without my knowledge or consent, and no documentation has been provided to support its validity. 
3. Account 3 : XXXX XXXX XXXX XXXX XXXX XXXX Account Number : XXXX Balance : {$3900.00} Violation : Same as Account 1 and 2. This is a major violation of my privacy rights and the Fair Credit Reporting Act ( FCRA ). 
4. XXXX XXXX Account Number : XXXX Balance : {$650.00} Violation : Account was opened fraudulently, and XXXX XXXX has failed to provide documentation showing my written consent or authorization. 
5. XXXX XXXX XXXX Account Number : XXXX Balance : Related to a XXXX XXXX XXXX XXXX, which was already removed due to inaccuracy. XXXX XXXX continues to report this inaccurately. 

IDENTITY THEFT REPORT : I have submitted an Identity Theft Affidavit to the Federal Trade Commission ( FTC ) for all the accounts listed above. According to 15 U.S.C. 1681c-2 ( FCRA Section 605B ), creditors and collection agencies must block the reporting of any information resulting from identity theft once they receive proper notice, which I have provided. 

The credit bureaus and creditors are now obligated under the law to remove these accounts from my credit report. This includes all accounts with XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX. 

LEGAL SUPPORT AND CASE LAW : 1. Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681c-2 ( Section 605B ) : The credit bureaus are required to block and remove all reported fraudulent information once identity theft has been proven. This law makes it clear that the accounts mentioned must be blocked immediately. 
Case Reference : Harris v. Equifax, 2017 WL 5898747 ( N.D. Ga. 2017 ) The court held that failure to correct inaccurate information after an identity theft report violated the FCRA. 
2. Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692g : XXXX and XXXX XXXX XXXX failed to validate the debts within the 30-day timeframe required under the FDCPA, despite my requests. These companies are legally obligated to cease collection and reporting until they provide valid proof of the debt, including the original signed contract and a breakdown of the charges. 
Case Reference : Jensen v. Pressler & Pressler, 791 F.3d 413 ( 3d Cir. 2015 ) Failure to validate debts within the timeframe constitutes a violation of the FDCPA.

3. HIPAA ( Health Insurance Portability and Accountability Act ) : CBA disclosed my private medical information to third parties without my consent, violating HIPAA privacy rules. They have failed to follow the legal process required for reporting medical debt, making them liable under HIPAAs strict privacy regulations. 
Case Reference : Doe v. MedCity Rehabilitation Ctr., LLC , 200 F. Supp. 3d 1095 ( E.D. Wis. 2017 ) Unauthorized disclosure of medical information is a direct violation of HIPAA.

4. Identity Theft and Aggravated Identity Theft 18 U.S.C. 1028A : These fraudulent accounts constitute aggravated identity theft under federal law. Any continued reporting of these accounts without proper investigation subjects the creditors and reporting agencies to criminal penalties. 
Case Reference : FTC v. Fairbanks Capital Corp. This case established that creditors are subject to penalties for failure to address fraudulent accounts after notification of identity theft. 

GEORGIA CERTIFIED SEARCH REPORT : I have attached a Certified Search Report from the XXXX XXXXXXXX XXXX XXXX XXXX XXXX, dated XX/XX/XXXX. The report confirms that no XXXX filings exist under my name ( XXXX XXXX XXXX ) for any debts or financial obligations. This report is legally binding and demonstrates that there is no legitimate debt associated with my name from XX/XX/XXXX, to XX/XX/XXXX. 

This is further proof that XXXX XXXX XXXX, XXXX XXXX XXXX, and XXXX XXXX have no basis for continuing to report these fraudulent debts on my credit file. 

DEMAND FOR ACTION : Immediate Removal of All Fraudulent Accounts : I demand the immediate removal of the fraudulent accounts listed above from my credit reports with XXXX, Equifax, and XXXX. This includes the removal of all accounts with XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX, and XXXX XXXX XXXX. 
Verification of Accounts : If any of these companies claim that these debts are valid, they must provide immediate documentation, including the original contract with my signature, proof of ownership, and a full validation of the debt. 
Cease Collection and Reporting : XXXX XXXX XXXX XXXX XXXX XXXX must immediately cease all collection activities and reporting of these fraudulent debts, as they have failed to validate the debts or provide proper documentation. 

CONCLUSION : Given the Certified Georgia Search Report, identity theft report, and the violations of FCRA, FDCPA, HIPAA, and 18 U.S.C. 1028A for identity theft, it is clear that these accounts must be removed from my credit reports immediately. The documentation provided demonstrates that I have no debt, and any continued reporting of these accounts is fraudulent. 

Failure to comply with this request within 15 days will result in further legal action, including but not limited to lawsuits for statutory damages under federal and state consumer protection laws, complaints with the Federal Trade Commission ( FTC ), and criminal charges under identity theft statutes. 

Sincerely, XXXX XXXX XXXX