Consumer complaint received 2024-10-19
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: EQUIFAX, INC. (CA)

I am a victim of identity theft. I recently learned that my personal information was used to open an account. I did not open or authorize this account at XXXX XXXX XXXX XXXX XXXX XXXX, and I therefore request that it be closed immediately. I also request that they absolve me of all charges on the account, and that you take all appropriate steps to remove information about this account from my credit files. Enclosed is a copy of my Identity Theft Report supporting my position, and a copy of my credit report showing the fraudulent items related to your company that are the result of identity theft. Also enclosed is a copy of the FTC Notice to Furnishers of Information, which details your responsibilities as an information furnisher to credit reporting agencies ( CRAs ). As a furnisher, upon receipt of a consumers written request that encloses an Identity Theft Report, you are required to cease furnishing the information resulting from identity theft to any CRA. The Notice also specifies your responsibilities when you receive notice from a CRA, under section 605B of the Fair Credit Reporting Act, that information you provided to the CRA may be the result of identity theft. Those responsibilities include ceasing to provide the inaccurate information to any CRAs and ensuring that you do not attempt to sell or transfer the fraudulent debts to another party for collection. Please investigate this matter, close the account and absolve me of all charges, take the steps required under the Fair Credit Reporting Act, and send me a letter explaining your findings and actions. Sincerely, XXXX XXXX XXXX Enclosures : Account applications made on paper, online, or by telephone Account statements or invoices Records of payment or charge slips Delivery addresses associated with the account Records of phone numbers used to activate or access the account Signatures on applications and accounts Investigators report Please send me a letter explaining what you have done to : Inform XXXX, XXXX XXXX XXXX XXXX, debt is the result of identity theft Stop collection proceedings against me Stop reporting information about the debt to credit reporting companies Provide me with the records I request Thank you for your cooperation. Sincerely, XXXX XXXX XXXX All furnishers of consumer reports must comply with all applicable regulations, including regulations promulgated after this notice was rst prescribed in 2004. Information about applicable regulations currently in e ect can be found at the Consumer Financial Protection Bureau 's website, consumer nance.gov/learnmore. NOTICE TO FURNISHERS OF INFORMATION : OBLIGATIONS OF FURNISHERS UNDER THE FCRA The federal Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681-1681y, imposes responsibilities on all persons who furnish information to consumer reporting agencies ( CRAs ). These responsibilities are found in Section 623 of the FCRA, 15 U.S.C. 1681s-2. State law may impose additional requirements on furnishers. All furnishers of information to CRAs should become familiar with the applicable laws and may want to consult with their counsel to ensure that they are in compliance. The text of the FCRA is set forth in full at the Bureau of Consumer Financial Protection 's website at consumer nance.gov/learnmore. A list of the sections of the FCRA cross-referenced to the U.S. Code is at the end of this document. Section 623 imposes the following duties : Accuracy Guidelines The banking and credit union regulators and the CFPB will promulgate guidelines and regulations dealing with the accuracy of information provided to CRAs by furnishers. The regulations and guidelines issued by the CFPB will be available at consumer nance.gov/learnmore when they are issued. Section 623 ( e ). General Prohibition on Reporting Inaccurate Information The FCRA prohibits information furnishers from providing information to a CRA that they know or have reasonable cause to believe is inaccurate. However, the furnisher is not subject to this general prohibition if it clearly and conspicuously speci es an address to which consumers may write to notify the furnisher that certain information is inaccurate. Sections 623 ( a ) ( 1 ) ( A ) and ( a ) ( 1 ) ( C ). Duty to Correct and Update Information If at any time a person who regularly and in the ordinary course of business furnishes information to one or more CRAs determines that the information provided is not complete or accurate, the furnisher must promptly provide complete and accurate information to the CRA. In addition, the furnisher must notify all CRAs that received the information of any corrections, and must thereafter report only the complete and accurate information. Section 623 ( a ) ( 2 ). Duties After Notice of Dispute from Consumer If a consumer noti es a furnisher, at an address speci ed by the furnisher for such notices, that speci c information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623 ( a ) ( 1 ) ( B ). If a consumer noti es a furnisher that the consumer disputes the completeness or accuracy of any information reported by the furnisher, the furnisher may not subsequently report that information to a CRA without providing notice of the dispute. Section 623 ( a ) ( 3 ). The federal banking and credit union regulators and the CFPB will issue regulations that will identify when an information furnisher must investigate a dispute made directly to the furnisher by a consumer. Once these regulations are issued, furnishers must comply with them and complete an investigation within 30 days ( or 45 days, if the consumer later provides relevant additional information ) unless the dispute is frivolous or irrelevant or comes from a credit repair organization. The CFPB regulations will be available at consumer nance.gov. Section 623 ( a ) ( 8 ). Duties After Notice of Dispute from Consumer Reporting Agency If a CRA noti es a furnisher that a consumer disputes the completeness or accuracy of information provided by the furnisher, the furnisher has a duty to follow certain procedures. The furnisher must : Conduct an investigation and review all relevant information provided by the CRA, including information given to the CRA by the consumer. Sections 623 ( b ) ( 1 ) ( A ) and ( b ) ( 1 ) ( B ). Report the results to the CRA that referred the dispute, and, if the investigation establishes that the information was, in fact, incomplete or inaccurate, report the results to all CRAs to which the furnisher provided the information that compile and maintain les on a nationwide basis. Sections 623 ( b ) ( 1 ) ( C ) and ( b ) ( 1 ) ( D ). Complete the above steps within 30 days from the date the CRA receives the dispute ( or 45 days, if the consumer later provides relevant additional information to the CRA ). Section 623 ( b ) ( 2 ). Promptly modify or delete the information, or block its reporting. Section 623 ( b ) ( 1 ) ( E ). Duty to Report Voluntary Closing of Credit Accounts If a consumer voluntarily closes a credit account, any person who regularly and in the ordinary course of business furnishes information to one or more CRAs must report this fact when it provides information to CRAs for the time period in which the account was closed. Section 623 ( a ) ( 4 ). Duty to Report Dates of Delinquencies If a furnisher reports information concerning a delinquent account placed for collection, charged to pro t or loss, or subject to any similar action, the furnisher must, within 90 days after reporting the information, provide the CRA with the month and the year of the commencement of the delinquency that immediately preceded the action, so that the agency will know how long to keep the information in the consumer 's le. Section 623 ( a ) ( 5 ). Any person, such as a debt collector, that has acquired or is responsible for collecting delinquent accounts and that reports information to CRAs may comply with the requirements of Section 623 ( a ) ( 5 ) ( until there is a consumer dispute ) by reporting the same delinquency date previously reported by the creditor. If the creditor did not report this date, they may comply with the FCRA by establishing reasonable procedures to obtain and report delinquency dates, or, if a delinquency date can not be reasonably obtained, by following reasonable procedures to ensure that the date reported precedes the date when the account was placed for collection, charged to pro t or loss, or subjected to any similar action. Section 623 ( a ) ( 5 ). Duties of Financial Institutions When Reporting Negative Information Financial institutions that furnish information to nationwide consumer reporting agencies, as de ned in Section 603 ( p ), must notify consumers in writing if they may furnish or have furnished negative information to a CRA. Section 623 ( a ) ( 7 ). The Consumer Financial Protection Bureau has prescribed model disclosures, 12 CFR Part 1022, App. B. Duties When Furnishing Medical Information A furnisher whose primary business is providing medical services, products, or devices ( and such furnisher 's agents or assignees ) is a medical information furnisher for the purposes of the FCRA and must notify all CRAs to which it reports of this fact. Section 623 ( a ) ( 9 ). This notice will enable CRAs to comply with their duties under Section 604 ( g ) when reporting medical information. Duties when ID Theft Occurs All furnishers must have in place reasonable procedures to respond to noti cations from CRAs that information furnished is the result of identity theft, and to prevent refurnishing the information in the future. A furnisher may not furnish information that a consumer has identi ed as resulting from identity theft unless the furnisher subsequently knows or is informed by the consumer that the information is correct. Section 623 ( a ) ( 6 ). If a furnisher learns that it has furnished inaccurate information due to identity theft, it must notify each consumer reporting agency of the correct information and must thereafter report only complete and accurate information. Section 623 ( a ) ( 2 ). When any furnisher of information is noti ed pursuant to the procedures set forth in Section 605B that a debt has resulted from identity theft, the furnisher may not sell, transfer, or place for collection the debt except in certain limited circumstances. Section 615 ( f ). The Consumer Financial Protection Bureau website, consumer nance.gov/learnmore, has more information about the FCRA. Citations for FCRA sections in the U.S. Code, 15 U.S.C. 1681 et seq. : Section 603 Section 604 Section 605 Section 605A Section 605B Section 606 Section 607 Section 608 Section 609 Section 610 Section 611 Section 612 Section 613 Section 614 15 U.S.C. 1681 15 U.S.C. 1681a 15 U.S.C. 1681b 15 U.S.C. 1681c 15 U.S.C. 1681c-1 15 U.S.C. 1681c-2 15 U.S.C. 1681d 15 U.S.C. 1681e 15 U.S.C. 1681f 15 U.S.C. 1681g 15 U.S.C. 1681h 15 U.S.C. 1681i 15 U.S.C. 1681j 15 U.S.C. 1681k 15 U.S.C. 1681l Section 615 Section 616 Section 617 Section 618 Section 619 Section 620 Section 621 Section 622 Section 623 Section 624 Section 625 Section 626 Section 627 Section 628 Section 629