Consumer complaint received 2024-10-14
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: EQUIFAX, INC. (TX)

Furthermore, as you can see from the information above, your agency is not reporting accurate information. According to [ 15 USC 1681e ] ( b ), Whenever a consumer reporting agency prepares a consumer report, it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual to whom the report relates. 
You are in violation of the FCRA, [ 15 USC 1681b ] ( a ) ( 2 ) : ( a ) In general. Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. I offer my testimony herein that I have not authorized or given anyone access to my private and confidential records and certainly not the information you're reporting. 
My rights were violated, especially my right to privacy, according to [ 15 USC 1681 ] ( a ) ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and respect for the consumers right to privacy. 
I, therefore, request that you immediately delete the items specified above from my consumer file with your agency. Failure to do so will require that I take appropriate legal action. 
All these violations are a direct violation of 15 USC 1681. No consent is identity theft, and these violations are Aggravated Identity theft, according to [ 18 USC 1028A ] ( a ) ( 1 ). You have knowingly transferred, possessed, and used, without lawful authority, a means of identification of me, which is a felony punishable up to 2 years of imprisonment, in addition to civil liability. 
For damages, I am invoking my rights as a consumer pursuant to 15 USC 1681 ( n ) civil liability, and I demand compensation for every violation listed below ; 1 Permissible purpose {$1000.00} 2 Defamation of character {$1000.00} 3 Damaged reputation {$1000.00} 4 Damaged credit worthiness {$1000.00} 5 Damaged mode of living {$1000.00} 6 Infringed on right to privacy {$1000.00} Cease the reporting of this erroneous and deceptive information on my consumer report. Delete the specified accounts from my consumer report and all your systems. 
Sincerely XXXX XXXX XXXX Please send your written response to my address of XXXX XXXX XXXX XXXXXXXX, TX XXXX To Whom It May Concern, I am writing to address the compromise of my personal information through multiple data breaches, including the OPM Data Breach Settlement ( In re : U.S. Office of Personnel Management Data Security Breach Litigation, No. XXXX ( XXXX  ) ( XXXX. ) ), the XXXX breach, and the XXXX XXXX breach. These breaches compromised not only my Social Security number but also my personal identification card, making it possible for unauthorized parties to open fraudulent accounts in my name. 

Under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., the Gramm-Leach-Bliley Act ( GLBA ), 15 U.S.C. 6801-6809, and the Identity Theft and Assumption Deterrence Act ( 18 U.S.C. 1028 ), companies are required to protect personal information, prevent fraud, and ensure maximum accuracy in consumer reports. 

Given these breaches, I am formally requesting proof of identity verification for any account allegedly opened in my name. Having only a photo of my identification and Social Security number is insufficient proof to validate the authenticity of account creation due to the data breach of my personal information. As such, the validation must rise above simple photo proof of identity. To establish the validity of any accounts in my name, a notary public must be present at the time of identity verification, and the documentation must include a notary stamp alongside the identity documents. Without such notarized validation, these accounts are invalid and must be immediately removed from my credit report. 

Additionally, I am formally requesting a description of the procedure your bureau used to provide all information to the original creditor in processing my dispute, as required by FCRA 611 ( a ) ( 7 ). To be clear, under FCRA 611 ( a ) ( 2 ) ( B ), your agency is legally required to forward all relevant information to the original creditor to ensure a thorough investigation. I request that you provide me with all information used in your investigation, as required by FCRA 611 ( a ) ( 7 ). 

Method of Verification Reason : This account continues to report errors despite your claim that it has been verified. I have reason to believe that your bureau failed to conduct a reasonable re-investigation of my disputes, as required under FCRA 611. Therefore, this account could not have been properly verified. 

Under the Consumer Financial Protection Act ( CFPA ), 12 U.S.C. 5531, institutions are prohibited from engaging in any unfair, deceptive, or abusive acts or practices ( UDAAP ). Continuing to report inaccurate or unverifiable information after receiving notice of a dispute may constitute such a violation. 

Provide proof of any and all evidence that a reasonable investigation was conducted to ensure maximum accuracy of the information reported on my credit file. If such evidence can not be provided, I demand that you IMMEDIATELY DELETE this information from my credit report, as it is unverifiable. 

Further, due to the breaches of my personal data, you must demonstrate that a notary was present during the identification process for any accounts opened under my name. Without a notary and notary stamp present at the time of identity verification, these accounts are invalid and must be removed from my credit report. 

Under 15 U.S.C. 1681i ( c ), I reserve the right to add a statement of dispute to my credit report if the information is not removed. Please be reminded that failure to comply with your obligations under the FCRA, GLBA, and other applicable laws will leave me no choice but to escalate the matter by filing formal complaints with the Federal Trade Commission ( FTC ), the Consumer Financial Protection Bureau ( CFPB ), and my states Attorney Generals office. 

Additionally, under the Equal Credit Opportunity Act ( ECOA ), 15 U.S.C. 1691, financial institutions must ensure that all consumers are treated fairly in credit-related matters. Failing to address fraudulent accounts in a timely manner could also implicate violations of this act. 

Please confirm receipt of this letter and provide a detailed response within the timeframe specified by law, outlining the steps you will take to resolve this matter.