Consumer complaint received 2024-09-09
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: EQUIFAX, INC. (TX)

I am writing to formally dispute the alleged debt of {$27000.00} reported by XXXX XXXX XXXX XXXX on my credit report. This letter also serves as a follow-up to the cease and desist request I submitted on XX/XX/year>2024, to XXXX XXXX XXXX XXXX regarding this disputed debt. Despite my prior request, I have not received the necessary documentation to validate this debt, and XXXX XXXX continues to communicate with me in violation of my rights under the Fair Debt Collection Practices Act ( FDCPA ) and Fair Credit Reporting Act ( FCRA ).

Additionally, XXXX XXXX fraudulently withdrew funds from one of my accounts, which has not been returned. I have also updated my mailing address with XXXX XXXX, yet I still do not have access to my online account regarding this matter, which has made it impossible to manage or verify the status of my account. This is a violation of FCRA ( 15 U.S.C. 1681b ( a ) ), which requires furnishers to ensure the accuracy and accessibility of account information provided to consumers.

Under the FDCPA ( 15 U.S.C. 1692c ( c ) ), once I have submitted a written notice of dispute and a request to cease communication, the creditor is required to stop contacting me regarding the alleged debt until proper validation is provided. XXXX XXXX has failed to comply with this, as I continue to receive emails despite my formal request. For each violation of the FDCPA, I am entitled to {$1000.00} in damages. Therefore, I am seeking {$1000.00} per each unlawful communication from XXXX XXXX following my cease-and-desist request. 

Furthermore, XXXX XXXX is also in violation of FCRA ( 15 U.S.C. 1681s-2 ( a ) ), which obligates furnishers to only report accurate information to credit reporting agencies. They have not provided the necessary documentation to substantiate this debt and yet continue to report this inaccurate information to your agency. As a result of XXXX XXXX willful furnishing of inaccurate and unverifiable information, I am seeking an additional {$1000.00} for each violation of the FCRA related to this debt.

To reiterate, XXXX XXXX has failed to provide documentation such as : A detailed breakdown of the alleged debt, including the original creditor 's name, original account number, date of the last payment made, and a complete transaction history.

Copies of any agreements or contracts that substantiate this debt, including a signed promissory note, security agreement, or disclosure. 
Proof of XXXX XXXX XXXX authority to collect the debt and to have withdrawn funds from my account without my permission.

In my previous CFPB complaint, I noted that XXXX XXXX failed to provide essential documents like a promissory note, security agreement, or disclosure statement, all of which are required to validate the debt. Without these, the debt can not be deemed valid under both FDCPA and FCRA provisions.

As per FCRA ( 15 U.S.C. 1681i ), you, as a credit reporting agency, are required to conduct a thorough investigation of any disputed debt within 30 days. Please ensure that XXXX XXXX XXXX XXXX provides the necessary documents to substantiate the debt. If they fail to provide the required information, you are obligated to remove this debt from my credit report under FCRA ( 15 U.S.C. 1681e ( b ) ), which requires credit reporting agencies to ensure the accuracy of the information they report.

Failure to comply with these legal obligations under the FCRA ( 15 U.S.C. 1681 ) and FDCPA ( 15 U.S.C. 1692g ) will result in further action, including escalating my dispute with the Consumer Financial Protection Bureau ( CFPB ) and seeking legal remedies. I will be pursuing {$1000.00} in statutory damages for each violation of the FDCPA and FCRA committed by both XXXX XXXX XXXX XXXX and the Credit Reporting Agency, including any inaccurate information illegally furnished on my credit report.

Please confirm in writing that this debt has been removed from my credit report or provide proof that the investigation has been completed. I request that you communicate with me in writing only and do not contact me via phone or any other means until this matter is resolved.