Consumer complaint received 2024-09-19
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Credit inquiries on your report that you don't recognize
Company: EQUIFAX, INC. (FL)

XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX SSN : XXXX XXXX : XX/XX/XXXX DATE : XX/XX/XXXX Equifax Information Services LLC XXXX XXXX XXXX XXXX XXXX GA XXXX RE : Unauthorized Inquiries and Potential FCRA Violations CFPB Complaint Number : XXXX To Whom It May Concern, I am writing in response to your decision to retain unauthorized inquiries on my Equifax credit report following my original dispute, despite my explicit request for their removal. These inquiries include : XXXX. XXXX - XXXX XXXX  ( Inquiry Date : XX/XX/XXXX ) XXXX. XXXX XXXX XXXX ( Inquiry Date : XX/XX/XXXX ) XXXX. XXXX XXXX XXXX ( Inquiry Date : XX/XX/XXXX ) Your response on XX/XX/XXXX, indicated that these inquiries are a factual record of file access and will remain on my credit report. However, you have failed to provide any evidence or documentation proving that I authorized these inquiries, as required under the Fair Credit Reporting Act ( FCRA ), specifically under 15 U.S.C. 1681b. Without this proof, these inquiries are considered unauthorized, and retaining them on my credit report constitutes a violation of my consumer rights.

FCRA Violations Equifax 's failure to provide documentation showing my written consent to these inquiries is a direct violation of the FCRA, particularly : - 15 U.S.C. 1681b ( c ) : This section states that a consumer reporting agency may furnish a consumer report only if there is a permissible purpose, such as my explicit written authorization.

- 15 U.S.C. 1681n : This section holds any entity liable for obtaining a consumer report under false pretenses or without permissible purpose, subject to statutory damages of {$1000.00} per violation.

- 15 U.S.C. 1681s-2 : Furnishers of information, such as creditors or businesses that initiate these inquiries, are required to ensure the accuracy of the information they provide. Failure to do so, as evidenced by the lack of consent, further breaches the FCRA.

Furthermore, under 15 U.S.C. 1681i ( a ) ( 5 ), if the information is found to be inaccurate or unverifiable, the consumer reporting agency is required to delete or modify the item. Since no proof of authorization has been provided, these inquiries should be removed immediately. 
Equifax Data Breach and Increased Risk Additionally, in light of the XXXX Equifax Data Breach, in which the sensitive personal information of approximately 147 million Americans was exposed, it is highly plausible that these inquiries were made fraudulently. Given Equifax 's failure to safeguard consumer data, as confirmed by federal investigations and legal settlements, I am even more concerned about the security of my personal information. It is unreasonable to maintain these inquiries on my credit report without first providing clear and verifiable proof of my authorization, particularly in light of Equifax 's well-documented security failures. 
Case Law Supporting My Position Numerous court rulings have upheld consumer rights in similar situations, reinforcing the need for thorough verification of inquiries. For instance : - XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) : The court held that credit reporting agencies must follow reasonable procedures to ensure maximum accuracy in their reports. By retaining these inquiries without providing any documentation of consent, Equifax has failed to follow these procedures. 
- XXXX XXXX  XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) : This case reaffirmed that a permissible purpose for accessing a credit report must be established. A lack of written consent for an inquiry constitutes a violation of the FCRA. 
Demand for Immediate Action In light of the above, I am again requesting the immediate removal of the following unauthorized inquiries from my credit report : XXXX. XXXX - XXXX SERVICE ( Inquiry Date : XX/XX/XXXX ) XXXX. XXXX XXXX XXXX ( Inquiry Date : XX/XX/XXXX ) XXXX. XXXX XXXX XXXX ( Inquiry Date : XX/XX/XXXX ) Failure to comply will leave me no choice but to pursue further legal action, including reporting this matter to the Consumer Financial Protection Bureau ( CFPB ) and other regulatory bodies, as well as initiating litigation for damages under 15 U.S.C. 1681n for each violation. 
Please confirm in writing that these inquiries have been removed from my credit report within 15 days of receiving this letter. If no action is taken, I will be compelled to escalate this matter accordingly. 
Sincerely, XXXX XXXX XXXX : - XXXX XXXX, XXXX XXXX XXXX, XXXX. 
XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX Phone : ( XXXX ) XXXX - Consumer Financial Protection Bureau ( CFPB ) - XXXX XXXX XXXX XXXX XXXX XXXX - Florida Attorney General