Consumer complaint received 2024-08-02
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. (TX)

I am writing to address serious concerns regarding the handling of my personal information by your agency, as well as potential violations of consumer rights and legal requirements under Title 15, Section 6801 of the United States Code, and the Fair Credit Reporting Act ( FCRA ), specifically Section 1681b and Section 1681a ( 2 ). Upon reviewing my credit report, I have discovered discrepancies that suggest possible violations of consumer privacy rights and FCRA regulations. It appears that certain inquiries or disclosures of my personal information may not have been made for permissible purposes under Section 1681b of the FCRA. Additionally, I assert that the inclusion of XXXX XXXX reporting late payments on my credit report violates Section 1681a ( 2 ) of the FCRA, which prohibits the reporting of transactions or experiences between the consumer and the person making the report. According to Section 1681a ( 2 ) of the FCRA, a consumer report can not include transactions or experiences between the consumer and the person making the report. Late payments are considered experiences between the consumer and the creditor, constituting a transaction, and therefore should not be included in my credit report. As I have not received a letter with a periodic statement 21 days before the due date, as required by consumer law, the condition for including late payments has not been met. Therefore, I request the immediate removal of all XXXX XXXX late payments from my credit report. Furthermore, I wish to emphasize that any unauthorized disclosure or use of my personal information in violation of applicable laws constitutes a serious breach of consumer trust and privacy. Under no circumstances should my personal information be obtained or made public without my knowledge or authorization. I urge your agency to conduct a thorough investigation into these matters and take immediate corrective actions to ensure compliance with Title 15, Section 6801, and the FCRA. This includes removing XXXX XXXX late payments from my credit report and implementing measures to prevent further violations of consumer rights and legal requirements. A Fair Resolution to this matter is to removed the following account XXXX XXXX in its entirety and/or remove unauthorized XXXX XXXX account late payments, immediately. This Affidavit of Truth is made pursuant to Fair Credit Reporting Act as codified at 15 U.S. Code 1681 which stipulates that a consumer reporting agency must, if requested, a consumer reporting agency shall block the reporting of any inaccurate and/or false information in the file of a consumer ( statement by the consumer that the information is not information relating to any transaction by the consumer. 2. ) I, a consumer in fact, agree with The Congress Pursuant to 15 U.S. Code 1681 ( a ) ( 1 ) which concluded that the banking system is dependent upon FAIR and ACCURATE credit reporting. Unfair credit reporting methods undermine the confidence of the public, which is essential to the functioning of our banking system. However, you have acted unfair by reporting unverified and inaccurate information without investigating me about the alleged transactions, and only taking one side of the story. That doesnt sound fair. I, a consumer in fact, agree with The Congress that youre presenting yourself as to be nothing but an elaborate mechanism, developed to discriminate against me, based on the evaluation of my credit worthiness, character, and reputation Pursuant to 15 U.S. Code 1681 ( a ) ( 2 ). Take Notice that Pursuant to 15 U.S. Code 1681 ( a ) ( XXXX ), you have only assumed this vital role to evaluate my consumer report, without having any real authority or consent by the consumer to do so ; 5. ) Pursuant to 15 U.S. Code 1681 ( a ) ( 4 ), you have failed to exercise your grave responsibilities with fairness, impartiality, and a respect for my consumer right to privacy ; 6. ) Pursuant to 15 U.S. Code 1681 ( b ) consumer reporting agencies must adopt reasonable procedures for meeting the needs of commerce. Accuracy is about equity and must be equitable to the consumer. Must be fair on both sides, but you werent acting fair when in your initial investigation, you failed to contact me to ask about the alleged transactions, when I am the only individual with actual first-hand knowledge, but only decided to take one side of the story. FACTS ON THE MATTER : 1. Fact, I so invoke nunc pro tunc, Pursuant to 15 U.S.C. 1681a ( c ) declare that I am the consumer in fact, natural person, creditor, lender, executor, administrator, holder in Due course of any and all derivatives thereof for the surname/given name and have been appointed and accepted being the executor both public & private for all matter proceeding, and I hereby claim that I will autograph as the agent, attorney in fact, and I furthermore Demand that you correct your reporting. 2. Fact, Pursuant Title 15 USC 1681a ( d ) ( 2 ) ( A ) ( I ) - Congress makes it clear that a consumer report should NOT include transactions between the consumer and the person making the report. This alleged transactions that you are reporting, and failed to investigate, whether or not it factually took place, can be categorized as a transaction that took place between the consumer, and the person making the report. Which means it should not be included in my consumer report, and in fact is a clear VIOLATION of my consumer right. XXXX. It is a Fact that Pursuant Title 15 USC 1681a ( d ) ( 2 ) ( A ) ( III ) - In your initial investigation I was never given the opportunity to deny this information being communicated on my consumer report. This is in fact another violation. 4. It is a Fact that Pursuant Title 15 USC 1681a ( e ) - The production of an " investigative consumer report '' involves obtaining information about a consumer 's character, reputation, personal characteristics, or lifestyle through personal interviews with their neighbors, friends, associates, or others who may have knowledge of the consumer. This information is used to form a report that provides a comprehensive understanding of the consumer. 5. Fact, I the consumer, original creditor do so extend my open ended credit on file to eliminate any verified debt, all valid debt must be verified and documented on record by wet ink signature, so be it, and ; 6. Fact, that I by this notice and demand declare I have no verified evidence for certified mailings, and again for the record, company records, or any and all derivatives therefore, of, and/or with any affiliates or agencies acting as a real party or a third party interlopers, and ; 7. Fact, I am an eyewitness to the information by allegations against my name being incorrect, and I demand the documented verification of any and all derivatives for an alleged debt for any such debts alleged to be mine the consumer in fact, so be it, and ; 8. I do not know any of the alleged creditors and debt collectors, so be it, and ; 9. I never sat across a table from any of the alleged creditors and debt collectors and never entered into a contract with any receiving a meeting of the minds, so be it, and ; I know that any attempt to collect a debt is actually alleged indirect action, please verify and document all verifications, accordingly, so be it, and ; 11. Fact, all allege contracts are completely fraudulent and the attempt to enforce a fraudulent contract is unlawful due to the contract being created through the illegal activity of identity theft and power of attorney fraud, so be it, and Demand that you stop sending me fraudulent bills and ; 12. Fact, my request to block information that is fraudulent, and a result of identity theft was not done in error. 13. Fact, my request to block information was not a material misrepresentation. 14. Fact, I never benefited or obtained goods, services, or money from the alleged transactions. 15. Fact, Pursuant to FCRA 605B & 15 USC 1681 c-2, when a block imposed by a consumer reporting agency is rescinded, any information present in the consumer 's file prior to the block can not be considered as proof of the consumer 's knowledge or expectation of obtaining goods, services, or money due to the block. XXXX. Fact, please show good faith in this matter by expediting the securing of the alleged information listed. Fact, It is also important to note that the Fair Credit Reporting Act ( FCRA ) regulates the production of consumer reports, including investigative consumer reports. The FCRA sets strict guidelines for the information that can be included in a consumer report, as well as the methods used to obtain that information. Under the FCRA, companies producing consumer reports are required to conduct a reasonable investigation and to provide consumers with a copy of the report if requested. They must also provide the consumer with information about the sources of the information included in the report. 19. Fact, the production of an investigative consumer report requires a thorough investigation to ensure the accuracy and reliability of the information included in the report. The FCRA provides the legal framework for the production of consumer reports and helps to ensure that consumers are protected against the dissemination of inaccurate or incomplete information. Fact, I am sure the removal of my information from your website, company records, or any and all derivatives therefore, of, and/or with any corporate affiliates like to ensure my privacy rights wont be violated again due to my lack of consent and this herein unrebutted affidavit of truth being serviced to you today and therefore, standing as truth in commerce, or I will be compelled to take legal steps against you for the below mentioned reasons ( Violation of the Fair Credit Reporting Act ( F.C.R.A. ) ; Violation of the F.D.C.P.A. ; Defamation of character ; Use of my copyrighted property ), so be it, and ; XXXX. Fact, I am not a debtor. XXXX. ( Reference- XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX. XXXX XXXX XXXX XXXX ( XXXX  ) ). XXXX. Fact, natural person defined see 15 U.S.C. 1692a ( 3 ) The term consumer means any natural person obligated or allegedly obligated to pay any debt., so be it, and ; 24. Fact, natural person defined see 15 U.S.C. 1692a ( 4 ) The term creditor means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another, so be it, and ; 25. It is a fact that Credit is defined in 15 USC 1602 ( f ) as The term credit means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment ; 26. Fact, as an executive of a XXXX XXXX XXXX any fractional notes, certificates of deposit, bills, checks, or drafts for money drawn or authorized by my signature as an authorized officer of the United States IS an obligation of the UNITED STATES to settle ; not mine! 27. Fact, that according to the congressional findings in 15 USC 1692 on Abusive Practices it states that There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy ; I believe that my privacy is being violated by your company, and ; an amendment to Regulation F, which implements the FDCPA, says that a debt collector can't report a debt to the XXXX major credit reporting agencies. Actual damages are not capped at { {$1000.00} }. ( XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX ) XXXX. Fact, If this affidavit is not rebutted point for point by a duly qualified representative of Consumer Reporting Agency at any level, in any manner, at any time within ( 5 ) five days upon receipt, these facts are proven and confirmed as true. I hereby Demand! That you BLOCK AND REMOVE the following account XXXX XXXX and/or their reported late payments from my consumer file. Take further notice that your failure to follow these laws and meet my demands will result in holding your company civilly and criminally liable and invoking specified remedies under Title 15 including but not limited to FCRA violations, TILA violations, FDCPA violations, and I will seek reimbursement for all my damages. Any man or woman responding to this affidavit will answer in the manner of this affidavit, using you or family name for signature, and mailing within five ( 5 ) days, or default will be obtained. If more time is needed to respond to this request, it must be requested in writing within five ( 5 ) days of receipt. MAXIMS OF LAW 1. In Commerce- Truth is sovereign. 2. For a matter to be resolved, it must be expressed. 3. Point of Law : Silence equates to an agreement. Further Affiant sayeth not. TERMS DEFINED PURSUANT TO 15 U.S. CODE 1681a 1. The term consumer means an individual. 2. 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 which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility XXXX. The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer when such information was obtained directly from a creditor of the consumer or from the consumer. XXXX. 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. XXXX. The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. You have 4 business days from the receipt of this notice to block and remove all fraudulent items and remarks from my consumer file or I may seek damages Pursuant to 15 U.S. Code 1681m. Additionally, I DO NOT consent to any automated scan response or e- Oscar verification methods. CERTIFICATION I certify under penalty of perjury under the laws of the United States of America pursuant to 28 USC 1746 ( 1 ) that the foregoing is true and correct. My address and only residence is XXXX XXXX XXXX XXXX XXXX Texas XXXX. All For they are not my addresses and I do not receive legal mail at any of those addresses. Why do you insist on putting inaccurate information on my credit report. XXXX XXXX confirmed that they have a Privacy Opt-Out pursuant to the Gramm-Leach-Bliley Act on my behalf by XXXX XXXX according to XXXX XXXX XXXX XXXX their last update XXXX Why are you still reporting the late payments to my credit file? Also, please let me know who had access to my file. Thank you for your attention to this matter. I expect a prompt response and resolution as well.