Consumer complaint received 2024-09-05
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Was not notified of investigation status or results
Company: EQUIFAX, INC. (CA)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX Email : XXXX Phone : XXXX XX/XX/year> XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX, CA XXXX Subject : Formal Dispute and Cease-and-Desist Communication Request - Account No. XXXX Dear XXXX XXXX XXXX, I am writing in response to your letter dated XX/XX/year>, concerning the alleged debt associated with Account No. XXXX. I have previously disputed this debt and provided clear communication regarding the inaccuracies and misrepresentations involved. 

Despite my prior dispute, I continue to receive communications from your office, including phone calls, which is a violation of the Fair Debt Collection Practices Act ( FDCPA ). Specifically, your actions constitute violations of the following laws : 1. Fair Debt Collection Practices Act ( FDCPA ) - 15 U.S.C. 1692 et seq.

15 U.S.C. 1692c ( c ) - Ceasing Communication : You are required to cease further communication with me regarding this debt after receiving my written request. Continued communication, including phone calls, is a clear violation of this provision.

Penalty : Violations of the FDCPA may result in statutory damages of up to {$1000.00} per violation, actual damages ( including emotional distress ), and attorney 's fees.

15 U.S.C. 1692e - False or Misleading Representations : Your continued assertion that I owe this debt without providing proper validation, and despite my dispute, is misleading and deceptive.

Penalty : Violations of this section may result in statutory damages of up to {$1000.00} per violation, actual damages, and attorney 's fees.

15 U.S.C. 1692f - Unfair Practices : Attempting to collect a debt without proper validation and continuing to contact me despite the dispute constitutes an unfair practice.

Penalty : Statutory damages of up to {$1000.00} per violation, actual damages, and attorney 's fees.

15 U.S.C. 1692g - Validation of Debts : You have failed to provide adequate validation of this debt as required by law. The documentation provided does not meet the standards of proof necessary to validate the debt.

Penalty : Continued attempts to collect without proper validation may result in statutory damages of up to {$1000.00} per violation, actual damages, and attorney 's fees.

2. Telephone Consumer Protection Act ( TCPA ) - 47 U.S.C. 227 47 U.S.C. 227 ( b ) - Unwanted Telephone Communications : If you have called my phone number using an automated dialing system or pre-recorded messages without my consent, this is a violation of the TCPA.

Penalty : The TCPA allows for statutory damages of {$500.00} per violation, which may be tripled to {$1500.00} per violation if the court finds that the violation was willful or knowing.

3. Fair Credit Reporting Act ( FCRA ) - 15 U.S.C. 1681 et seq.

15 U.S.C. 1681s-2 ( a ) - Furnishing Accurate Information : Reporting inaccurate information to credit bureaus without proper validation violates your duty under the FCRA.

Penalty : Willful violations may result in statutory damages of up to {$1000.00} per violation, actual damages, punitive damages, and attorney 's fees.

15 U.S.C. 1681i - Duty to Reinvestigate Disputed Information : You are required to investigate disputed information on a credit report. Failure to properly reinvestigate may result in legal action.

Penalty : Similar to the above, violations may result in statutory damages, actual damages, punitive damages, and attorney 's fees.

4. California Rosenthal Fair Debt Collection Practices Act - Cal. Civ. Code 1788 et seq.

Cal. Civ. Code 1788.17 - Adherence to FDCPA Standards : As a debt collector in California, you are required to adhere to the standards set forth in the FDCPA. The same penalties and obligations apply under California law. 
Penalty : Violations may result in statutory damages of up to {$1000.00} per violation, actual damages, and attorney 's fees.

Cease-and-Desist Communication : I formally request that you cease all forms of communication with me regarding this matter, except for written confirmation of the resolution of this dispute. Any further attempts to contact me via phone, email, or other means will be considered a violation of the FDCPA, TCPA, FCRA, and the California Rosenthal Fair Debt Collection Practices Act, each carrying their own statutory penalties.

Legal Recourse : Please be advised that under the above laws, you are required to cease all collection activities and communications unless you can provide the requested documentation to validate the debt. Failure to comply with this request within 30 days may result in my seeking legal action, including but not limited to filing complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and the California Attorney General. I will also seek statutory damages, actual damages, and attorney 's fees as provided under the relevant laws.