Consumer complaint received 2024-08-08
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: EQUIFAX, INC. (GA)

This complaint is in regards to the consumer report belonging to my person XXXX XXXX XXXX XXXX. There is an address reporting to XXXX XXXX XXXX XXXX consumer report that is directly related to identity theft. I Beleive the address may have stemmed from an account from XXXX XXXX XXXX that is directly related to identity theft as well. I see the creditor reported this account and address to my EQUIFAX consumer report as of XX/XX/year>. I previously already complained about this frivolous and fraudulent account and I am now filing a complaint and am demanding that the fraudulent address be removed as well. I have informed EQUIFAX of this. EQUIFAX has not yet complied. This address and this account only is reporting to one of the credit reporting agencies which is EQUIFAX. XXXX and XXXX have maintained reasonable procedures and the laws related to identity theft and both XXXX and XXXX have deleted both fraudulent address and fraudulent account. This is very frustrating as many creditors that I the living man XXXX XXXX XXXX XXXX agent for the principal XXXX XXXX XXXX XXXX may attempt to contract with pull from all XXXX credit reporting agencies, and some lenders only specifically pull from EQUIFAX. These creditors will see this fraudulent account that is reporting repeated late payments for the past 4 years consecutively every month. This negative reporting is not equitable at all I the living man XXXX XXXX XXXX XXXX or my person XXXX XXXX XXXX XXXX. The reporting of this fraudulent account is damaging my livelihood and is causing I XXXX XXXX to have emotional damages from stress. The reporting of this account is also damaging my person XXXX XXXX XXXX XXXX ability to operate in commerce. I the living man XXXX XXXX have never resided at the address XXXX XXXX XXXX XXXX XXXX ALABAMA XXXX. I have included in this complaint my IDENTIFICATION, My social security card, as well as lease agreements for the last 2 years as proof of where I resided. I have also include a ftc report as well with this complaint. I am demanding that the information regarding the XXXX XXXX XXXX and the address they are reporting to my person XXXX XXXX XXXX XXXX consumer report be blocked and deleted from XXXX XXXX XXXX XXXX consumer report. I have complained and disputed this account twice in the past however when I disputed this account prior they were under a different XXXX theyre prior name is XXXX XXXX XXXX. The account was removed over 3 months ago from EQUIFAX however now they are reporting to my persons XXXX XXXX XXXX XXXX consumer report again under another XXXX  XXXX XXXX XXXX. I know this to be the same company because all their contact information is the same as the prior XXXX. EQUIFAX and XXXX XXXX XXXX have violated theyre contractual agreement with the federal government in which they agreed to follow the XXXX and FCRA XXXX order to operate in commerce. Being that EQUIFAX and XXXX XXXX XXXX are aware of these issues after my prior complaints they are now civilly liable for all damages I have suffered. I demand that this fraudulent address and account be removed from XXXX XXXX XXXX consumer report. The FCRA backs up my claims. According to 12 CFR 1022.3 Definitions Identity theft means a fraud committed or attempted using the identifying information of another person without authority. Anything added to your report without your written consent could be considered Identity theft 15 U.S. Code 1681c2 - Block of information resulting from identity theft Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( XXXX ) appropriate proof of the identity of the consumer ; ( XXXX ) a copy of an identity theft report ; ( XXXX ) the identification of such information by the consumer; and ( XXXX ) a statement by the consumer that the information is not information relating to any transaction by the consumer. This clearly states that once I have notified the consumer reporting agencies which are XXXX, XXXX, and EQUIFAX that this account is Identity Theft that the account MUST be removed from my consumer report within 4 DAYS of the receipt of this notice. 

Earlier in this notice I stated that XXXX XXXX XXXX is reporting derogatory remarks on my Consumer report such as late payments which EQUIFAX is allowing them to do. XXXX XXXX XXXX is NOT alllowed according to the FCRA to report this type of information to my person XXXX XXXX XXXX XXXX consumer report. The FCRA backs up my claims. 15 U.S. Code 1681a - Definitions ; rules of construction The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living ( XXXX ) Exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; As you can see the FCRA states that transactions being reported on my consumer report is a violation. XXXX XXXX XXXX is reporting late payment history on this account for a debt. A debt that I do not owe at that. Payments between a consumer and the person making the report is a transactionas well as apart of the experience between the consumer and the person making the report. Which is not allowed to be reported to my person XXXX XXXX XXXX XXXX consumer report. This is a violation reporting transaction history is illegal according to the FCRA. 

Earlier in this notice I stated that EQUIFAX and XXXX XXXX XXXX were civilly liable due to the fact they are both aware that this account is fraudulent because I have already notified them. The FCRA backs up my claims. By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title. 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person ( a person could be a company/corporation according to the FCRA, and EQUIFAX is a company ) who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer ( example of a consumer would be my person XXXX XXXX XXXX XXXX XXXX XXXX liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; If I can prove they wilfully violated the act I am entitled to at least XXXX $ per violation plus any other damages I have sustained as a result of their failure to follow the law. I stated earlier in this notice that I was denied approval to auto loans which damages my ability to travel as well as being denied approval on rent and home loans. If I have to file more than 1 complaint, wilful noncompliance can easily be proven as they had a full understanding of the violations after I complained the 1st time. Which I complained about this account more than 3 times now. Every company in their agreements with consumers said they would follow the law and agreed to do so.They are aware that they are breaking the law. If for any reason XXXX XXXX XXXX and EQUIFAX were not aware both parties would still be liable for any and all damages that happened to me asa result of their negligence according to the FCRA. 15 U.S. Code 1681o - Civil liability for negligent noncompliance In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure Negligent noncompliance means the law was violated not on purpose but just due to a lack of knowledge on the required reporting procedures.

I demand this account be removed within 9 days of receipt of this notice failure to comply with my demands or if EQUIFAX chooses to respond in a way that is not equitable and fair to I the living man XXXX XXXX XXXX XXXX a servant of the Most High XXXX and my person XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX agent for the principal XXXX XXXX XXXX XXXX will be sue EQUIFAX.