Consumer complaint received 2023-05-16
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem — Investigation took more than 30 days
Company: EQUIFAX, INC. (WA)

XXXX XXXX XXXX XXXX XXXX # XXXX XXXX, Washington XXXX SS # : XXXX | Date of Birth : XX/XX/XXXX RE : Violation of the Fair Credit Reporting Act ( FCRA ) Dear Sir/Madam, I am writing to address your continued violation of the Fair Credit Reporting Act ( FCRA ) and to offer an amicable settlement before pursuing litigation. It has come to my attention that you have failed to remove inaccurate, unverifiable, and invalidated information from my consumer file, which is in direct violation of the FCRA. If these items are not immediately deleted, I will proceed with legal action to seek relief and monetary compensation as provided for in Section 616 and Section 617 of the FCRA. This letter, along with previous correspondence and the inaccurate items, will also be included in a formal complaint to the Federal Trade Commission and used as evidence in the pending litigation should you fail to comply with this settlement offer.

You are in direct violation of the FCRA as the unverified items listed below still remain on my credit report, which is a violation of federal law. Under the FCRA, you are required to have a copy of the original creditor 's documentation on file to verify the accuracy of the reported information. Despite your investigations, you have failed to provide me with any original documentation, as required under Section 609 ( a ) ( 1 ) ( A ) and Section 611 ( a ) ( 1 ) ( A ). Furthermore, you have neglected to provide the method of verification as mandated by Section 611 ( a ) ( 7 ). I must emphasize that under Section 611 ( 5 ) ( A ) of the FCRA, you are obligated to promptly delete all information that can not be verified.

The Fair Credit Reporting Act ( FCRA ) is a federal law that governs the collection and reporting of credit information about consumers. It establishes rules for obtaining, retaining, and sharing consumer credit information while safeguarding consumers ' rights.

A violation of the FCRA may involve creditors providing reporting agencies with inaccurate financial information, agencies mixing up consumer information, or failure to follow proper procedures for handling disputes. 

As a consumer, I have certain rights under the FCRA, including : The right to have the accuracy of my credit report verified when it is required for employment purposes. 
The right to receive notification if information in my file has been used against me in credit applications or other transactions. 
The right to dispute and have the bureaus correct and delete incomplete, inaccurate, and unverifiable information in my report. 
The right to have outdated negative information removed ( typically after XXXX years, or 10 years in the case of bankruptcy ). 
I hereby demand the immediate deletion of the following items, as they are either inaccurate, unverifiable, or invalidated : Incorrect personal information : CURRENT ADDRESS : XXXX XXXX  XXXX XXXX XXXX XXXX, WA XXXX Incorrect personal information : PREVIOUS ADDRESS : XXXX XXXX XXXX, WA XXXX Unauthorized inquiry : XXXX Date of inquiry : XX/XX/XXXX Account involved in litigation with multiple inaccuracies : XXXX  Account Number : XXXX Incorrect personal information : CURRENT ADDRESS : XXXX XXXX  XXXX XXXX XXXX XXXX, WA XXXX Incorrect personal information : CURRENT ADDRESS : XXXX XXXX  XXXX XXXX XXXX XXXX, WA XXXX Incorrect personal information : CURRENT ADDRESS : XXXX XXXX  XXXX XXXX XXXX XXXX XXXXXXXX, WA XXXX Your noncompliance with the FCRA subjects you to civil liability as outlined in 15 U.S. Code 1681n and 15 U.S. Code 1681o. The remedies available to me include actual damages, punitive damages, and the costs of legal action, including reasonable attorney 's fees. Additionally, any person who obtains a consumer report under false pretenses or without a permissible purpose may be liable for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater ( Section 1681n ( b ) ).

I request the removal of all non-account holding inquiries from my credit report. Furthermore, I am requesting a description of the procedure used to determine the accuracy and completeness of the information within five days of completing your reinvestigation. I do not consent to e-Oscar or any means of automated verification.

Please be advised that you have 30 days to respond to this certified letter, as required by Section 611 ( a ) ( 1 ) ( A ) of the FCRA. Failure to provide a satisfactory response within
this timeframe may result in a small claims action seeking {$5000.00} per violation, including claims for defamation, negligent enablement of identity fraud, violations of the FCRA, and financial injury.

Please note that depending on your response, I may choose to publicly detail any issues with your company through an online press release, including documentation of any potential small claims action. A copy of this complaint will also be sent to the organizations listed at the end of this letter. 

Thank you for your prompt attention to this matter. I trust that you will comply with the FCRA and resolve this issue without further legal action. 

Sincerely, XXXX XXXX