Consumer complaint received 2024-10-23
Product: Credit reporting or other personal consumer reports — Other personal consumer report
Issue: Improper use of your report — Reporting company used your report improperly
Company: EQUIFAX, INC. (TX)

Subject : XXXX XXXX XXXX Equifax Failure to Validate Accounts and Investigate Unauthorized Use Dear CFPB, I am submitting this formal grievance against Equifax for its failure to comply with its legal obligations under the Fair Credit Reporting Act ( FCRA ) and 15 U.S.C. 1692g regarding the validation of debts and the investigation of unauthorized use of my consumer report.

Equifaxs response only mentions the verification of accounts from XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. However, I must clarify that verification is not a substitute for validation as required by law. My request was for full validation of all accounts referenced in my affidavit, including the identification of original creditors and supporting documentation, not just for the XXXX companies mentioned by Equifax. Equifax has failed to provide proper validation for all accounts I have disputed. 

Additionally, my original request called for a thorough investigation into all companies that accessed my consumer report without proper authorization. Equifax has not addressed this nor provided the necessary validation or documentation showing that these companies had permissible purpose under 15 U.S.C. 1681b.

As part of this grievance, I am specifically requesting that Equifax provide a certificate of authorization for each instance of unauthorized use of my consumer report. Equifax is obligated by law to demonstrate that these accesses were lawful, and I expect documentation proving authorization for every instance of access by any company I have previously identified in my notices.

My formal demands are as follows : 1. Full validation of all accounts, including original creditor information and supporting documentation for each.

2. A certificate of authorization for all companies that accessed my consumer report, proving that they had a lawful and permissible purpose for doing so.

3. A complete investigation into all companies cited in my notices for unauthorized access to my consumer report.

Equifaxs limited response does not satisfy the legal standards under federal law, and I request that the CFPB take further action to ensure Equifax fully complies with its obligations.

I appreciate your attention to this matter and look forward to receiving confirmation of a lawful resolution that protects my rights under U.S. law. 

I am writing to demand a final resolution to the ongoing violations by Equifax and other consumer reporting agencies, who have failed to comply with their legal obligations under the Fair Credit Reporting Act ( FCRA ) and the Constitution of the United States regarding the validation of debts and the unauthorized use of my consumer report. Moreover, I must address the failure of the Consumer Financial Protection Bureau ( CFPB ), referred to herein as the Bureau, to enforce the laws established by Congress to protect consumer rights.

It has now been over one year since I first requested validation of multiple accounts reported on my credit file. Despite my lawful requests and the submission of grievances over this period, Equifax and other reporting agencies have not provided validation as required under 15 U.S.C. 1692g. The law is explicit : if a creditor or debt collector fails to validate the debt within 30 days, the account must be removed from the consumers report. Given that it has been over a year without proper validation, these accounts must now be removed in accordance with federal law. 

Furthermore, numerous companies have accessed my consumer report without proper authorization, violating 15 U.S.C. 1681b, which requires a permissible purpose for such access. These unauthorized actions infringe upon my rights under the Fourth and Fifth Amendments, which protect personal property and information from unlawful use or XXXX without due process and just compensation. Under the Supreme Law of the United States, as reaffirmed in cases like XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, consumer credit data is private property and must be protected from unauthorized access and reporting. 

The Bureaus Failure to Enforce Compliance I must also bring attention to the Bureaus failure in this matter. As established by Congress, the Bureau was created to protect consumers and enforce the laws governing consumer reporting agencies. However, despite my multiple grievances, the Bureau has allowed these agencies to repeatedly violate federal law. By failing to enforce 15 U.S.C. 1692g and 15 U.S.C. 1681b, the Bureau has neglected its statutory duty to protect consumers and hold these agencies accountable. 

It is clear that Equifax and other consumer reporting agencies have gone beyond the lawful scope of their duties, and the Bureaus inaction has enabled them to continue operating in violation of U.S. law. Congress created the Bureau to uphold the Constitution and protect consumers rights, but in this case, it has failed to enforce compliance with these established legal standards.

Final Resolution Request : 1. I demand the immediate removal of all unvalidated accounts from my consumer report, in accordance with 15 U.S.C. 1692g, whi
ch requires removal after 30 days of non-validation.

2. I further request the removal of all accounts associated with unauthorized use of my consumer report under 15 U.S.C. 1681b, as these companies have not provided evidence of permissible purpose.

3. I also call upon the Bureau to fulfill its mandate by enforcing federal laws on consumer reporting agencies and ensuring that they comply with the FCRA and other relevant statutes.

4. Lastly, I request an investigation into the Bureaus failure to enforce the law in this case and an assurance that the Bureau will act to uphold its Congressional duty to protect consumers. 

This matter has been ongoing for over a year, and the continued violations by Equifax and other agencies, coupled with the Bureaus failure to act, represent a clear disregard for my rights under U.S. law. I demand immediate compliance and the removal of all unvalidated accounts, as required by federal statutes and the Supreme Law of the United States. 

[ XXXX XXXX XXXX, Trustee of Declaration of Trust dated XX/XX/year> ] All Rights Reserved.