Consumer complaint received 2024-09-02
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: EQUIFAX, INC. (GA)

Thank you for your response to my complaint submitted through the CFPB Complaint Portal. However, I am deeply concerned and dissatisfied with the outcome of your investigation. Despite my clear and documented assertion that I am a victim of identity theft, along with providing substantial proof, you have failed to accurately address the inaccuracies on my credit file. 

XXXX. Identity Theft and Proof Provided I have repeatedly informed Equifax that I am a victim of identity theft and have submitted evidence to support this claim. I specifically requested that you provide proof that these accounts belong to me. In addition to the evidence provided, I have filed a police report related to the theft of my identity. Despite this, your investigation has erroneously " verified '' accounts that do not belong to me. 

XXXX. Equifax 's Data Breach - Case Number : XXXX It is important to highlight that Equifax itself has recently compensated me as part of a data breach settlement ( Case Number : XXXX ). This breach, which occurred within your system, compromised my identity. The fact that Equifax continues to maintain the accuracy of these accounts, despite being fully aware of your own data breach, is both troubling and unacceptable. This adds insult to injury, as you have a responsibility to protect consumers like myself, not perpetuate the harm caused by your own negligence. 

XXXX. Contradictory Findings On XX/XX/year>, Equifax stated that you properly investigated my consumer profile and verified that every account was accurate. However, this is blatantly false. To further prove my case, I would like to bring to your attention that on XX/XX/year>, XXXX responded to my dispute via the CFPB portal, stating that they verified that the account in question does not belong to me and that they would cease reporting it to all three credit bureaus. Yet, exactly one month later, Equifax claims that the same company verified this account as belonging to me. This contradiction highlights the severe flaws and dishonesty in your investigation process.

4. Violations of Federal Law Equifaxs actions and failures to act constitute multiple violations of the Fair Credit Reporting Act ( FCRA ) and other consumer protection laws, including but not limited to : - Failure to Conduct a Reasonable Investigation ( 15 U.S. Code 1681i ) : - Equifax is required to conduct a reasonable investigation when a consumer disputes the accuracy of information. Your failure to do so is a direct violation of this section.

- Inaccurate Reporting of Information ( 15 U.S. Code 1681e ( b ) ) : - Equifax must follow reasonable procedures to ensure the maximum possible accuracy of the information on consumer reports. The continued reporting of inaccurate information is a violation of this requirement.

- Failure to Block Information Resulting from Identity Theft ( 15 U.S. Code 1681c-2 ) : - Upon receiving a valid identity theft report, Equifax is required to block the fraudulent information within XXXX business days. Your refusal to block these fraudulent accounts is a violation of this provision.

- Failure to Provide Verification of Disputed Information ( 15 U.S. Code 1681i ( a ) ( 2 ) ) : - Equifax must provide verification of disputed information or remove it. Your failure to provide such verification and your continued reporting of inaccurate information violates this provision.

- Deceptive Practices ( Section 5 of the FTC Act, 15 U.S.C. 45 ) : - Equifaxs false claims of verifying accounts that do not belong to me may constitute deceptive practices, which are prohibited under the FTC Act.

5. Potential Fines and Legal Actions Given the violations of the FCRA and other federal laws, Equifax may be subject to the following penalties : - Willful Noncompliance ( 15 U.S. Code 1681n ) : - Equifax could face statutory damages ranging from {$100.00} to {$1000.00} per violation, punitive damages, and liability for attorneys fees and costs.

- Negligent Noncompliance ( 15 U.S. Code 1681o ) : - If XXXX noncompliance is found to be negligent, you may still be liable for actual damages incurred, along with attorneys fees and costs.

- Civil Penalties under the FTC Act ( 15 U.S.C. 45 ( m ) ( 1 ) ( A ) ) : - The FTC may impose civil penalties of up to {$43000.00} per violation for deceptive practices, depending on the severity and scope of the violations.

6. Legal Action as a Protected Consumer As a consumer, I am fully prepared to take the following actions if Equifax does not promptly correct these violations : - File a Lawsuit Under the FCRA : ** I can file a lawsuit in federal or state court seeking actual damages, statutory damages, punitive damages, and attorneys fees.

- Request a CFPB Investigation : ** I will request that the CFPB investigate Equifaxs handling of my dispute and take enforcement action if necessary.

- File a Complaint with the FTC : ** I will file a complaint with the FTC, which has the authority to investigate and take action against violations of the FCRA and other consumer protection laws.

- Pursue a Class-Action Lawsuit : ** If other consumers are similarly affected, I may consider joining or initiating a class-action lawsuit against Equifax.

7. CFPBs Obligation to Ensure Compliance Under the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5511 ), the CFPB is required to protect consumers from unfair, deceptive, or abusive practices and to ensure that companies like Equifax comply with consumer protection laws, including the FCRA. The CFPB has the authority to enforce these laws, impose fines, and take other corrective actions.

Demand for Immediate Action Given the overwhelming evidence of your failure to conduct a proper investigation and the multiple violations of my rights under the FCRA and other federal laws, I am demanding the immediate removal of all unverifiable accounts from my credit report. 

Account Name : XXXX XXXX Account Number : XXXX Account Name : XXXX XXXX Account Number : XXXX**** Account Name : XXXX Account Number : XXXX Account Name : XXXX Account Number : XXXX Account Name : XXXX Account Number : XXXX Account Name : XXXX Account Number : XXXX Account Name : XXXX Bank Account Number : XXXX Account Name : XXXX XXXX Account Number : XXXX Account Name XXXX XXXX XXXX Account Number : XXXX Also remove the address : XXXX XXXX XXXX XXXX XXXX GA XXXX. The only address that should be on my report is XXXX XXXX XXXX XXXX XXXXXXXX ga XXXX If Equifax does not take prompt action to correct these inaccuracies, I will have no choice but to pursue legal action. I have attached a copy of the letter from discover as well as proof of identity theft. 

Please be advised that I expect a response within XXXX business days, confirming that these accounts have been removed. If you fail to take the necessary corrective actions, I will be forced to escalate this matter further, including filing a lawsuit to address these violations of my rights. 

I trust that you will recognize the seriousness of this situation and take the appropriate steps to rectify the harm that has been done.