Consumer complaint received 2024-07-20
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. (GA)

This complaint is in regards to the consumer report belonging to XXXX XXXX XXXX XXXX. The account in regards to XXXX XXXX XXXX that is being reported to XXXX XXXX XXXX XXXX consumer report is directly related to identity theft. I have attached an identity theft report, my social security account number, and proof of ID with this complaint as well as a utility bill for my most recent accurate address on file. This is my 3rd complaint regarding this fraudulent account. I have already notified all XXXX credit reporting agencies and XXXX XXXX XXXX on multiple occasions that the account in regards to XXXX XXXX XXXX is not mines it is fraud. XXXX XXXX XXXX is still reporting the fraudulent account and the credit reporting agency EQUIFAX are still allowing this information to be furnished when ALL credit reporting agencies was suppose to block the information and delete this fraudulent account from XXXX XXXX XXXX XXXX consumer report. I have not included the other reporting agencies in this complain since they have decided to maintain reasonable procedures and have removed the account. I am demanding that the information regarding the XXXX XXXX XXXX account that is being reported to XXXX XXXX XXXX XXXX consumer report be blocked and deleted from XXXX XXXX XXXX XXXX consumer report in this notice as well. I have filed an identity theft report along with a personal statement from myself proclaiming the XXXX XXXX XXXX account to be fraud along with my social security account number and ID. This complaint is notice as well as my personal statement. Furthermore I have already notified EQUIFAX and XXXX XXXX XXXX that this account is fraud and not mines. I notified all parties of this issue over XXXX  months ago and the fraudulent account has not been deleted as of yet. In fact monthly late payments have still been reported on XXXX XXXX XXXX XXXX consumer report over the past XXXX months since my first XXXX initial notices to XXXX, EQUIFAX. Being that EQUIFAX are aware of this issue after my first XXXX notices this would make EQUIFAX, and XXXX XXXX XXXX civilly liable for all damages that I have experienced due to a fraudulent account being reported to my consumer report. The account in regards to XXXX XXXX XXXX is Reporting derogatory remarks to my consumer report such as late payments and collections and charge off status. However no collections account is being reported to my consumer report at this time. It simply states the account is in collections on the account statement XXXX XXXX XXXX placed on my XXXX, XXXX and EQUIFAX consumer file. Due to the facts that this account is reporting derogatory remarks to my consumer report my credit score has stayed at either a bad or fair credit rating over the last XXXX years due to this fraudulent account being reported. I have not been able to receive household goods for my family as a result of these fraudulent derogatory remarks being reported to my consumer report. I have been denied access to lines of business credit because I am not able to use my social security account number belonging to XXXX XXXX XXXX XXXX as a personal guarantee in order to establish business credit. The reporting of this account is damaging XXXX XXXX XXXX XXXX reputation as well as causing me great humiliation and pain and suffering from repeated denials and rejections to do business. The reporting of this fraudulent account is damaging my ability to obtain household goods which damages my livelihood and my families, but also my ability to operate in commerce. These derogatory remarks have essentially damaged my livelihood over the past XXXX years that this fraudulent account has been reported to my consumer report. I have been denied approval on auto loans which damages my ability to travel. I have been denied approval on housing which damages my ability to have a roof over my head as well as my wife and children. I as well as my wife and children are now XXXX and have been placed in a XXXX XXXX in XXXX, New York as a result of being denied approval on housing. EQUIFAX and XXXX XXXX XXXX have damaged my livelihood and my families. XXXX XXXX XXXX, EQUIFAX, and XXXX in order to operate in commerce signed agreements and contracts to uphold the XXXX XXXX XXXX and FCRA. EQUIFAX and XXXX XXXX XXXX have violated this contractual agreement, and have broken federal laws., XXXX XXXX XXXX and EQUIFAX have committed multiple violations of the FCRA XXXX Earlier in this notice I stated that the account in regards to XXXX XXXX XXXX that is being reported to XXXX XXXX XXXX XXXX consumer report is directly related to identity theft. I demanded that this fraudulent account be blocked and deleted/removed from my consumer report due to the fact it is not mines. The FCRA backs up my claims. According to 12 CFR 1022.3 Definitions Identity theft means a fraud committed or attempted using the identifying information of another person without authority. Anything added to your report without your written consent could be considered Identity theft 15 U.S. Code 1681c2 - Block of information resulting from identity theft Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. This clearly states that once I have notified the consumer reporting agencies which are XXXX, XXXX, and EQUIFAX that this account is Identity Theft that the account MUST be removed from my consumer report within 4 DAYS of the receipt of this notice. Earlier in this notice I stated that XXXX XXXX XXXX is reporting derogatory remarks on my Consumer report such as late payments which EQUIFAX is allowing them to do. XXXX XXXX XXXX is NOT alllowed according to the FCRA to report this type of information to my consumer report. The FCRA backs up my claims. 15 U.S. Code 1681a - Definitions ; rules of construction The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living ( 2 ) Exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; As you can see the FCRA states that transactions being reported on my consumer report is a violation. XXXX XXXX XXXX is reporting late payment history on this account for a debt. A debt that I do not owe at that. Payments between a consumer and the person making the report is a transaction as well as apart of the experience between the consumer and the person making the report. Which is not allowed to be reported to XXXX XXXX XXXX XXXX consumer report. This is a violation reporting transaction history is illegal according to the FCRA. Earlier in this notice I stated that EQUIFAX and XXXX XXXX XXXX were civilly liable due to the fact they are both aware that this account is fraudulent because I have already notified them. The FCRA backs up my claims. By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title. 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person ( a person could be a company/corporation according to the FCRA, and XXXX XXXX XXXX, XXXX and EQUIFAX are corporations ) who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer ( example of a consumer would be XXXX XXXX XXXX XXXX ) is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; If I can prove they wilfully violated the act I am entitled to at least XXXX $ per violation plus any other damages I have sustained as a result of their failure to follow the law. I stated earlier in this notice that I was denied approval to auto loans which damages my ability to travel as well as being denied approval on rent and home loans which resulted in me and my family becoming homeless and having to live in a homeless shelter. I have attached proof of residence at this homeless shelter along with this dispute. If I have to file more than 1 complaint, wilful noncompliance can easily be proven as they had a full understanding of the violations after I complained the 1st time. Which I complained about this account more than 3 times now. Every company in their agreements with consumers said they would follow the law and agreed to do so.They are aware that they are breaking the law. If for any reason XXXX XXXX XXXX and EQUIFAX were not aware both parties would still be liable for any and all damages that happened to me asa result of their negligence according to the FCRA. 15 U.S. Code 1681o - Civil liability for negligent noncompliance In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure Negligent noncompliance means the law was violated not on purpose but just due to a lack of knowledge on the required reporting procedures. XXXX XXXX XXXX and EQUIFAX has violated even more violations by failing to comply after my first initial CfPB complaint. According to the FCRA EQUIFAX is required by federal law to maintain reasonable procedures. The FCRA backs up my claims. 15 U.S. Code 1681 states - Congressional findings and statement a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. It is a fact that EQUIFAX, XXXX and XXXX are credit reporting agencies. ( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. I am expressing this particular section of the FCRA because it is relevant to this matter. Due to the inaccuracies on my consumer report that stem from the fraudulent account in regards to XXXX XXXX XXXX it is costing XXXX XXXX XXXX XXXX to have a lower credit score. By XXXX XXXX XXXX XXXX having a lower credit score its costing me money due to XXXX XXXX XXXX XXXX having to pay high XXXX and higher insurance rates. XXXX XXXX XXXX XXXX is losing money due to the fraudulent of the account in regards to XXXX XXXX XXXX .This account is not equitable for the consumer XXXX XXXX XXXX XXXX and damaging XXXX XXXX XXXX XXXX ability to operate in commerce, and 15 U.S. Code 1681 just stated that consumer reporting agencies which are XXXX XXXX XXXX XXXX and EQUIFAX are required by federal law to meet the needs of commerce for consumer credit in a way that is fair and equitable to the consumer which EQUIFAX is NOT doing. EQUIFAX after my first complaint is still reporting this fraudulent inaccurate account which means EQUIFAX is NOT maintaining reasonable procedures. This is a direct violation of 15 U.S.C. 1681. The account in regards to XXXX XXXX XXXX that is being reported to my consumer report is INACCURATE and FRAUDULENT. The account in regards to XXXX XXXX XXXX is NOT MINES. I am demanding that this account be removed from XXXX XXXX XXXX XXXX consumer report and that I am heavily compensated for any all damages that occurred to me as a result of this fraudulent account being reported on XXXX XXXX XXXX XXXX consumer report the last XXXX  years. As well as being compensated for any inconveniences that I have experienced as a result of EQUIFAX and XXXX XXXX XXXX negligence. I am demanding that this account be removed from XXXX XXXX XXXX XXXX consumer report and that I am heavily compensated for any all damages that occurred to me as a result of this fraudulent account being reported on XXXX XXXX XXXX XXXX consumer report the last XXXX  years. As well as being compensated for any inconveniences that I have experienced as a result of EQUIFAX and XXXX XXXX XXXX negligence. Furthermore I see that XXXX XXXX XXXX claims this account is charged off. If that is the case Charge offs are income according to the IRS PUBLICATIONS and charge offs are taxable. Meaning it must be reported on taxes. I have attached a photo from IRS official website to confirm this fact to you. Charge offs are considered income per the irs canceled debt is taxable. If charge offs are income that would mean somebody is getting paid however I did not receive any income from this charge off so if I didnt get paid then who did? I also never received a 1099c or any correspondence from XXXX XXXX XXXX that the debt was discharged. XXXX XXXX XXXX XXXX was suppose to receive a 1099c once the debt was charged off so that I could properly and correctly report the income to the IRS on taxes. Furthermore Income can not be reported to the consumer report a charge off is also considered a certificate of indebtedness which a certificate of indebtedness is considered income. Income being reported to the consumer report is a direct violation of the privacy act of 1974. This act applies to EQUIFAX and XXXX XXXX XXXX. This is yet another violation of the law by EQUIFAX and XXXX XXXX XXXX. I demand this fraudulent and inaccurate account in regards to XXXX XXXX XXXX be deleted immediately and that I am compensated for my pain and suffering as well as for every violation of the FCRA and privacy act of 1974.