Consumer complaint received 2024-10-24
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: EQUIFAX, INC. (GA)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX Consumer Financial Protection Bureau XXXX CFPB ) XXXX XXXX XXXX XXXX Washington XXXX DC 20552 Re : Formal Complaint Demand for Immediate Removal of Unauthorized Accounts and Identity Theft Filing Dear CFPB Representative, I am writing to demand immediate action regarding the unauthorized and fraudulent accounts that continue to be reported on my credit file. Despite multiple disputes and my ongoing efforts to rectify these errors, the credit bureaus have failed to comply with their obligations under federal law, causing irreparable harm to my financial standing and personal reputation. I have already filed an identity theft report with the FTC regarding these unauthorized accounts and am escalating this issue through this formal complaint.

The following unauthorized accounts must be removed immediately : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Credence resource management Legal Basis for My Complaint : 1. Violation of Fair Credit Reporting Act ( FCRA ) - Section 611 ( 15 U.S. Code 1681i ) I have repeatedly requested a full reinvestigation and method of verification for these disputed accounts. The bureaus have failed to provide the required documentation to verify these accounts accuracy or legitimacy. Under FCRA Section 611, I am entitled to know the detailed verification method used to confirm the legitimacy of these accounts. No documentation was provided within the required timeframe, violating my rights as a consumer.

2. Unauthorized Reporting of Nonpublic Information Gramm-Leach-Bliley Act ( 15 U.S. Code 6802 ) The unauthorized accounts listed above involve the improper disclosure of nonpublic personal information, violating 15 U.S. Code 6802. These creditors failed to inform me of my right to opt out of such disclosures, and no proper notice was given regarding their reporting practices. This breach has directly contributed to the unauthorized reporting of my information to credit bureaus. 

3. Identity Theft 18 U.S. Code 1028A ( Aggravated Identity Theft ) By reporting accounts that have taken place on my report without my permission to me and have not been verified, the credit bureaus and the involved creditors are complicit in identity theft. Under 18 U.S. Code 1028A, this constitutes aggravated identity theft, as these institutions are reporting and handling my identity without lawful authorization.

4. Failure to Validate Debt Fair Debt Collection Practices Act ( FDCPA ) None of the listed creditors provided adequate debt validation, as required by the FDCPA ( 15 U.S. Code 1692g ). Specifically, I requested signed contracts, agreements, and documentation proving that these debts were assigned to the respective creditors, but I have received no response. Under FDCPA, creditors must provide accurate and complete information about the origin and validation of any alleged debts.

5. Failure to Respond to Dispute in Accordance with 15 U.S. Code 1681s2 Creditors and credit bureaus have a duty to respond to my disputes regarding these accounts. The failure to respond within the prescribed period, or to provide legitimate verification of the accounts, constitutes a violation of their legal responsibilities under 15 U.S. Code 1681s2. 

Specific Violations : The following accounts have been inaccurately reported and must be removed immediately : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Last reported XX/XX/XXXX XXXX Last reported XX/XX/XXXX Legal Violations : 1. Violations of the Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681 Under FCRA, all credit reporting agencies are required to investigate and validate the accuracy of information contained in consumer credit reports within 30 days of a dispute. Failure to verify the accounts in question violates Section 611 ( 15 U.S. Code 1681i ), which mandates proper verification procedures. The listed accounts are unverifiable and must be removed to comply with federal law.

Further, 15 U.S. Code 1681n allows consumers to seek damages for willful noncompliance. The continued failure to respond to my requests for validation and corrections qualifies as willful misconduct, exposing the agencies and creditors to punitive damages. 

2. Gramm-Leach-Bliley Act ( 15 U.S.C. 6802 ) Unauthorized Disclosure of Personal Information These creditors have violated the Gramm-Leach-Bliley Act by disclosing and reporting my nonpublic personal information without proper authorization or notice. Specifically, 15 U.S. Code 6802 ( a ) requires explicit consent for the dissemination of personal financial information. None of the creditors listed provided me with an opt-out notice as required by law, making their reporting and handling of my private information illegal. 

The penalties for noncompliance under this statute include civil penalties of {$100000.00} for each violation. Failure to immediately remove these accounts will expose these companies to liability for massive financial penalties, as the unauthorized disclosure and reporting of my private financial information continue to this day.

3. Violation of the Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692g Under FDCPA, creditors and collection agencies must provide clear and complete validation of debts upon request, including the original signed contract or agreement establishing the debt. Not one of the listed creditors provided such validation, making their reporting a violation of 15 U.S. Code 1692g.

The failure to validate these accounts despite my repeated requests leaves the credit bureaus and the creditors liable for legal action under this statute. Each violation can result in statutory damages of up to {$1000.00} per account, in addition to any actual damages caused by their misconduct. I am entitled to both monetary damages and the immediate cessation of all collection activities. 

4. Identity Theft 18 U.S.C. 1028A The reporting and handling of these accounts without my authorization and in the absence of proper verification constitutes identity theft under 18 U.S.C. 1028A ( Aggravated Identity Theft ). These entities are knowingly reporting accounts without lawful authority, exposing them to criminal liability for each instance of fraudulent reporting. Violations of this statute carry a mandatory 2-year prison sentence for those convicted of identity theft-related offenses.

Should these accounts not be removed immediately, I will pursue criminal charges for aggravated identity theft. This statute clearly applies to institutions that knowingly transfer, possess, or use the identity of another person without legal authorization.

5. Defamation and Invasion of Privacy The continued false reporting of these accounts on my credit report constitutes defamation, as defined in civil law, and has caused significant damage to my personal and professional reputation. Further, these actions amount to a violation of my privacy rights, as these entities have mishandled and improperly shared my sensitive financial information. 

I will be seeking damages for defamation and invasion of privacy should these accounts not be removed within 15 days. I reserve the right to pursue civil litigation and will seek compensatory and punitive damages for the emotional and financial harm caused. 

Legal Precedents : XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX. XXXX ) This case set a precedent for holding creditors accountable for failure to provide proper verification of accounts and inaccuracies in credit reporting. The court ruled in favor of the consumer, demanding the removal of inaccurate and unverifiable accounts. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  In this case, it was ruled that continued communication and reporting of disputed accounts without proper validation violates consumer rights under the FDCPA and FCRA. Creditors can be held liable for punitive damages in such cases. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX The U.S. Supreme Court affirmed that credit reporting agencies must ensure the accuracy of consumer reports and that failure to do so could result in statutory damages for willful violations of the FCRA. 




Additional Measures : I have submitted an FTC Identity Theft Report ( Case # [ insert case number here ] ) and included these accounts as part of the report. These creditors and reporting agencies are now in violation of both federal and state laws by continuing to report these fraudulent and unauthorized accounts. I demand immediate removal of all inaccurate and unverifiable accounts.

Resolution Sought : I am requesting the immediate removal of the accounts listed above. If these accounts are not removed within 15 days of receipt of this letter, I will escalate this matter through legal channels, seeking damages under the FCRA, FDCPA, and other applicable federal statutes. 

I also reserve the right to pursue arbitration as outlined in my previous CFPB complaint filings. Failure to remove these accounts will result in legal action, and I will seek financial compensation for each day these erroneous accounts remain on my credit report. 

Thank you for your prompt attention to this matter. I expect full compliance and removal of these accounts from Equifax, XXXX, and XXXX without further delay. 

Sincerely, XXXX XXXX