Consumer complaint received 2024-09-06
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: EQUIFAX, INC. (TN)

I am submitting a formal dispute against XXXX XXXX XXXX for their continued violation of federal consumer protection laws related to an account that is not mine. This account involves fraudulent activity, billing errors, identity theft, unauthorized data sharing, and XXXX refusal to accept a valid tender of payment. Below is a detailed summary of the issues supported by relevant Federal Code of Federal Regulations ( CFR ) citations.

1. Fraudulent Activity and Rescission of Signature This account, currently being reported by XXXX XXXX XXXX, was opened fraudulently. After discovering the fraudulent activity, I rescinded my signature on this account under the protection of 12 CFR 226.23 ( Regulation Z Right of Rescission ). This federal regulation, enacted under the **Truth in Lending Act ( TILA ) **, provides the right to rescind a contract when fraud or misrepresentation is present. 
Despite my valid rescission of the agreement, XXXX XXXX XXXX has continued to report this account as enforceable, which violates **12 CFR 226.23**. The refusal to acknowledge my rescission directly contradicts federal law and has caused severe damage to my credit standing.

**2. Billing Errors and Failure to Investigate In addition to the fraudulent origin of the account, several **billing errors** remain unresolved. Under **12 CFR 1026.13 ( Regulation Z Resolution of Billing Errors ) **, creditors must respond to consumer billing disputes within two billing cycles or no later than days after receiving a notice of dispute. I filed a formal billing dispute in accordance with this regulation, yet XXXX XXXX XXXX has failed to investigate or correct the errors, a clear violation of **12 CFR 1026.13**.

Their failure to act not only violates federal law but also further exacerbates the harm caused by their improper handling of my account. I urge the CFPB to hold XXXX XXXX XXXX accountable for their noncompliance with these billing error resolution regulations. 
XXXX XXXX XXXX XXXXXXXX. Identity Theft and Unauthorized Data Sharing** XXXX XXXX XXXX has unlawfully shared my personal and financial data without my consent, constituting **identity theft** under federal law. The continued dissemination of my private information to third parties, including the credit bureaus, violates **12 CFR 1022.3 ( Regulation V General Provisions Regarding Identity Theft ) **, part of the **Fair Credit Reporting Act ( FCRA ) **. 
XXXX unauthorized sharing of my information, despite my rescission and the fraudulent nature of the account, is a breach of my rights under **12 CFR 1022.3**. They had no legal right to use or report this information, and their actions have resulted in significant harm to my financial reputation. 
XXXX. Refusal of Tender of Payment** In an attempt to resolve this matter, I made a **valid tender of payment** by submitting a **payment coupon** to XXXX XXXX XXXX. This payment was a legitimate offer to satisfy the debt, which XXXX XXXX XXXX refused to accept. Under **12 CFR 226.39 ( Regulation Z Refinancing and Tender of Payment ) **, creditors are required to honor valid tenders of payment, and their refusal to accept the payment constitutes a violation of federal law. 
XXXX refusal of my tender of payment has legally discharged the debt under federal law, per **12 CFR 226.39**, as the rejection of a legitimate offer of payment absolves the debtor of further obligation. Their denial of my tender invalidates their claim to the debt, and thus, they have no right to continue reporting the account as active or due for payment. 
XXXX XXXX XXXX XXXX. I Am Not Liable for the Debt Request for Immediate Removal from Credit Bureaus** Due to the fraudulent origins of this account, the rescission of my signature under XXXX*12 CFR 226.23**, the unresolved billing errors under **12 CFR 1026.13**, the **identity theft** caused by unauthorized data sharing under **12 CFR 1022.3**, and XXXX XXXX XXXX refusal of my **tender of payment** under **12 CFR 226.39**, I am **not liable** for this debt. 
I therefore request that this account be **immediately removed** from all credit reports with Equifax, XXXX, and XXXX. The continued reporting of this account violates **12 CFR 1022.43 ( Regulation V Accuracy and Integrity of Information Furnished to Consumer Reporting Agencies ) **, which requires that only **accurate** and **verifiable** information be reported to credit bureaus. 
**Request for Relief** In light of the clear violations of federal regulations by XXXX XXXX XXXX XXXX I respectfully request the following relief : 1. **Immediate removal of the account** from all credit reports with Equifax, XXXX, and XXXX. 
XXXX. **Cessation of any collection efforts** regarding this account, as I am not liable for the debt due to the fraudulent nature of the account, the rescission of signature, and the refusal of tender of payment. 
XXXX. Resolution of the billing errors under **12 CFR 1026.13, and correction of the account information. 
XXXX. An investigation into XXXX XXXXXXXX XXXX unauthorized data sharing and identity theft violations under 12 CFR 1022.3, as well as their breach of reporting accuracy under 12 CFR 1022.43. 
XXXX. A written confirmation from XXXX XXXX XXXX that I am **not responsible** for this account and that it has been **permanently removed** from all credit reporting agencies. 
**Relevant Federal Laws Supporting My Claims** 1. **12 CFR 226.23 ( Regulation Z Right of Rescission ) ** : Grants consumers the right to rescind certain loan agreements within a specified period, particularly in cases of fraud or misrepresentation.

2. **12 CFR 1026.13 ( Regulation Z Resolution of Billing Errors ) ** : Requires creditors to investigate billing errors and provide corrections within two billing cycles or no later than 90 days.

3. **12 CFR 226.39 ( Regulation Z Refinancing and Tender of Payment ) ** : States that creditors must accept a valid tender of payment, and failure to do so results in the discharge of the debt.

4. **12 CFR 1022.3 ( Regulation V Identity Theft Protections ) ** : Prohibits unauthorized data sharing and requires proper safeguards against identity theft.

5. **12 CFR 1022.43 ( Regulation V Accuracy and Integrity of Information Furnished to Consumer Reporting Agencies ) ** : Mandates that creditors furnish accurate and verifiable information to consumer reporting agencies.