Consumer complaint received 2024-08-31
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. (TX)

Final Notice : Dispute of Fraudulent Debt - Cease and Desist This letter serves as a final notice regarding the fraudulent debt you claim I owe. Based on the documentation you have provided, I must once again emphasize that this debt is fraudulent, and I do not recognize any obligation to your third-party debt collection agency. Thus far, you have shown no proof that this is not a fraudulent debt you are attempting to collect. You havent even shown proof that you had written permission from me or the company you allege to collect for to access my private and personal information. This constitutes a privacy violation under the Gramm-Leach-Bliley Act ( GLBA ), 15 U.S.C. 6801, which mandates that financial institutions protect the privacy of consumer information.

According to the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681n, and the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692k, any debt reported to credit bureaus must be accurate, verifiable, and supported by proper documentation. Debt collectors, such as XXXX XXXX XXXX, have a legal duty to provide proof of their claims, including but not limited to a signed contract or certified document establishing the debt and identifying the injured party. 

In XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX, the U.S. Supreme Court emphasized that inaccurate or unverified information reported by a debt collector or furnished to credit reporting agencies can lead to significant damages. Additionally, 15 U.S.C. 1692c ( b ) explicitly restricts debt collectors from communicating with third parties without the consumers consent, emphasizing that unauthorized access to or use of a consumers personal information constitutes a violation of privacy rights. 

XXXX. Lack of a Contract with XXXX XXXX XXXX : As I stated previously, I have never entered into any contractual agreement with XXXX XXXX XXXX, nor have I conducted any business with your company whatsoever. You have not provided any contract, agreement, or certified document bearing my signature that indicates I have any legal obligation to your company, therefore you have no rights to stake a claim. The burden of proof lies with you to show that a debt is owed to XXXX XXXX XXXX, and so far, you have failed to provide any such proof. 
XXXX. Failure to Certify the Debt : You are required by law to certify the validity of this alleged debt. To date, you have not provided any certified documentation that proves a debt exists, nor have you shown any claim or evidence of you being an injured party. If you are claiming that this debt is valid, you must immediately provide a notarized affidavit, contract, or other certified document showing proof of your claim. 
XXXX. Unauthorized Access to Personal Information : Your company does not have my consent to access, request, or use my private and personal information in any manner to validate this alleged debt. Any attempt to collect such information without my explicit permission is a violation of my privacy rights under the FDCPA, FCRA, and the Gramm-Leach-Bliley Act. 
XXXX. Failure to Verify the Debt Correctly : Your certification to XXXX that the debt is valid, without providing a notarized affidavit or any contract with your company bearing my wet signature, is a violation of both the FCRA and FDCPA. Without such proof, your certification is invalid and constitutes fraudulent reporting. 
XXXX. Failure to Apply Dispute XXXX : You claimed that dispute language was applied to my credit report. However, as shown in the screenshots I provided, no such language exists on the report. This further demonstrates your non-compliance with your legal obligations. 

Under the FCRA, XXXX XXXX. XXXX, any willful violation of consumer rights can result in statutory damages of up to {$1000.00} per violation, punitive damages, and attorneys fees. The FDCPA, XXXX XXXX. XXXX, provides for statutory damages of up to {$1000.00}, in addition to actual damages and attorneys fees for violations. Violations of the XXXX XXXX can result in additional penalties, including fines and other legal consequences. 

I demand that XXXX XXXX XXXX immediately cease all collection activities and delete the fraudulent account from my credit report. Furthermore, you must provide certified proof of your claim, including any contract or agreement bearing my wet signature, as well as evidence of the injured party, your relation to the injured party via signed affidavit, and any other proof that you have in your possession proving I owe you a valid debt that you have the exclusive right to collect on. Continuing to pursue this matter without sufficient proof or ignoring my identity theft claim constitutes a violation of federal law. If these actions are not taken promptly, I will escalate this matter further, including filing additional complaints with the Consumer Financial Protection Bureau ( CFPB ), the FTC, and pursuing legal action. 

You have 15 days from the receipt of this notice to comply. Failure to do so will result in my taking further legal action, including seeking damages under the FCRA, FDCPA, and the XXXX XXXX. 

Sincerely, XXXX XXXX