Consumer complaint received 2024-09-24
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: EQUIFAX, INC. (MD)

Re : Dispute of Incorrect Collection Accounts Due to Identity Theft and Data Breach Dear Sir or Madam, I am writing to formally dispute the inaccurate and unauthorized collection accounts currently appearing on my credit report. These accounts are the result of identity theft, which occurred after my personal information was compromised in data breaches involving both XXXX and Equifax. These accounts were opened without my knowledge or consent, and I have repeatedly disputed this information with your agencies, yet no corrective action has been taken. 

I have been informed that these accounts were " verified, '' but I have not been provided with any documentation to substantiate this verification. As the rightful owner of my identity, I can confirm that I do not have any knowledge of, or responsibility for, the following accounts : Collections Being Disputed : XXXX XXXX Original Creditor : XXXX Balance : {$370.00} Balance Updated : XX/XX/year> XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX Original Creditor : XXXX  Balance : {$8200.00} Balance Updated : XX/XX/year> XXXX XXXX Original Creditor : XXXX XXXX XXXX XXXX XXXX Balance : {$1100.00} Balance Updated : XX/XX/year> These balances and collection accounts are not mine. They were fraudulently opened due to the breach of my personal data, and your agencies have failed to act upon the multiple disputes I have filed. Allowing these accounts to remain on my credit report is not only inaccurate but also illegal under several federal and state laws. 

Federal Law Violations : Fair Credit Reporting Act ( FCRA ) ( 15 U.S.C. 1681 ) : Under the FCRA, I am entitled to the accurate reporting of my credit information. Reporting these fraudulent accounts violates the FCRA, as these accounts were opened without my consent and are being falsely attributed to me. 
The FCRA also mandates that credit reporting agencies are required to investigate disputed information within 30 days. Your failure to remove these accounts despite my previous disputes is a violation of this requirement.

Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. 1692 ) : The FDCPA prohibits debt collectors from attempting to collect debts that are not owed by the consumer. Reporting these fraudulent collections also violates the FDCPA.

Identity Theft and Assumption Deterrence Act ( 18 U.S.C. 1028 ) : This law protects consumers from the unauthorized use of their personal information to create fraudulent accounts. By reporting these fraudulent accounts, you are failing to uphold the protections offered by this act. 
Maryland State Law Violations : Maryland Consumer Protection Act ( MCPA ) ( MD. Code Ann., Com. Law 13-101 et seq. ) : Under the MCPA, it is illegal to engage in unfair or deceptive trade practices, including the reporting of inaccurate or unauthorized information on a consumers credit report.

Maryland Credit Reporting Agencies Act ( MD. Code Ann., Com. Law 14-1201 et seq. ) : This law requires credit reporting agencies to ensure the accuracy of information in consumer credit reports. By allowing fraudulent accounts to remain on my report, you are violating this law.

Maryland Personal Information Protection Act ( PIPA ) ( MD. Code Ann., Com. Law 14-3501 et seq. ) : The misuse of my personal information following the data breach constitutes a violation of Marylands PIPA, which mandates that consumer data be protected from unauthorized use.

Predatory Practice : It is important to note that the continued reporting of these fraudulent accounts without adequate investigation or removal is a predatory practice. By failing to take appropriate action, your agencies are participating in the harm caused by identity theft and enabling creditors to pursue debts that are not owed. 

Requested Action : I am requesting the following actions be taken immediately : Remove all of the fraudulent collection accounts listed above from my credit report.

Conduct a thorough investigation of these disputed accounts and provide me with documentation that substantiates their removal.

Notify any third parties that have accessed or are using this inaccurate information, and provide proof that these actions have been taken. 
Ensure that all future reports of my credit information are accurate and reflect the corrections made as a result of this dispute. 
Under the Fair Credit Reporting Act, you are required to investigate and resolve this dispute within 30 days. I expect written confirmation once these accounts have been removed and a full explanation of the results of your investigation. 

Thank you for your prompt attention to this matter. 

Sincerely, XXXX XXXX