Consumer complaint received 2024-10-16
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, and XXXX XXXX has been reporting a fraudulent account opened in my name, despite receiving three direct requests from me to investigate and stop reporting it to the credit reporting agencies ( CRAs ). Both XXXX and XXXX XXXX were asked to certify that the information is inaccurate, but XXXX XXXX continues to furnish the false account. 

Violations : 1. 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( B ) : XXXX XXXX continued to report the fraudulent account as accurate after receiving notice from me, on three occasions, that the information was incorrect. 
2. 15 U.S.C. 1681s-2 ( a ) ( 6 ) ( B ) : Despite receiving an affidavit and FTC report proving identity theft, XXXX XXXX continues to furnish inaccurate information. 
3. 15 U.S.C. 1681s-2 ( a ) ( 8 ) ( E ) & 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( B ) : XXXX XXXX failed to respond to my dispute and did not investigate the fraudulent account within 30 days. 
4. 15 U.S.C. 1681s-2 ( a ) ( 7 ) : XXXX XXXX failed to provide required notice that it would report negative information to my credit report within 30 days of reporting it. 
5. 15 U.S.C. 1681g ( e ) : XXXX XXXX failed to provide business transaction records, including the application used to open the fraudulent account, after receiving my identity theft proof within 30 days. 
6. 12 CFR 1022.42 : XXXX XXXX failed to maintain reasonable procedures to ensure the accuracy of information reported to the CRAs. They received multiple notices from me certifying identity theft but still reported inaccurate information. 
7. 15 U.S.C. 1692e ( 2 ) ( A ) : XXXX XXXX misrepresented the nature of the debt by continuing to report it after receiving five notifications of identity theft, including proof of my address and affidavits. 

Timeline and Details : I sent my first dispute notice to XXXX and XXXX XXXX, requesting the removal of the fraudulent account and providing proof of identity theft as per 15 U.S.C. 1681g ( e ) ( 2 ) ( B ) and 15 U.S.C. 1681s-2 ( a ) ( 6 ) ( B ). Despite this, XXXX XXXX failed to conduct a reasonable investigation within 30 days as required by 15 U.S.C. 1681s-2 ( a ) ( 8 ) ( E ), and the fraudulent account remains on my credit report. 

XXXX XXXX has further violated : 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) : They continued to report information they knew or should have known was inaccurate. 
12 CFR 1016.7 : I exercised my right to opt out of reporting, but XXXX XXXX failed to honor it. 
15 U.S.C. 1692 : XXXX XXXX failed to validate the debt and contacted me outside of permitted hours. 

Additionally, XXXX XXXX falsely reported repossessing a vehicle, which was never communicated to me. They also failed to adjust the balance on my credit report after supposedly receiving payments or repossessing the vehicle. 

XXXX XXXX has violated the Fair Credit Reporting Act ( FCRA ) by failing to conduct proper investigations, report accurate account statuses, and follow the guidelines for responding to disputes under the CARES Act. Their actions also violate the Consumer Financial Protection Acts ( CFPA ) prohibitions on abusive practices by taking advantage of my inability to protect my interests.