Consumer complaint received 2024-06-17
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. (NY)

XXXX XXXX, Account Number : XXXX Account Number : XXXX Account Number : XXXX These accounts were opened without my authorization as a result of identity theft. Therefore, I request that XXXX XXXX immediately delete all false, fraudulent, incomplete, non-compliant, and unverifiable accounts from my credit report. 

Violations of the Fair Debt Collection Practices Act ( FDCPA ) XXXX XXXX has violated several sections of the FDCPA by failing to validate the debt and provide reasonable cause that such accounts are mine, including proof of signature agreeing to all terms and requesting to be a part of XXXX XXXX. The specific violations are as follows : False or Misleading Representations ( 15 USC 1692e ) : XXXX XXXX has reported these accounts as valid without proper verification, constituting a false representation of the character, amount, or legal status of the debt. 

Civil Liability ( 15 USC 1692k ) : As a result of these violations, I am entitled to seek damages for the harm caused by the false and inaccurate reporting.

Communication in Connection with Debt Collection ( 15 USC 1692c ) : XXXX XXXX has failed to communicate with me regarding the validation and verification of these debts, which is a clear violation of the FDCPA. 

Furnishing Certain Deceptive Forms ( 15 USC 1692j ) : If XXXX XXXX has furnished or used any deceptive forms to collect these debts, it is in violation of this section. 

Violations of the Fair Credit Reporting Act ( FCRA XXXX XXXX XXXX has also violated the FCRA by failing to maintain accurate information and properly reinvestigate the disputed accounts. The specific violations are as follows : Compliance Procedures ( 15 USC 1681e ( b ) : XXXX XXXX has not followed reasonable procedures to ensure the maximum possible accuracy of the information reported.

Reinvestigations of Disputed Information ( 15 USC 1681i ( 5 ) : XXXX XXXX has not conducted a proper reinvestigation of the disputed information, leading to the continued reporting of inaccurate and fraudulent accounts. 
Immediate Actions Required Given these violations, I am requesting that XXXX XXXX take the following actions immediately : Immediate Deletion : Delete all activities related to the aforementioned accounts from my credit report. 
Validation of Debt : Provide evidence of the original signed agreement and proof that I authorized the opening of these accounts.

Cease All Communications : Cease all communications regarding these fraudulent accounts as per 15 USC 1692c.

Provide Certification : Certify that the information being reported is complete and accurate as required by law.

These accounts were previously deleted from my credit file but have been reinserted without following the legal requirements outlined in the FCRA, specifically section 611 ( a ) ( 5 ) ( B ). The specific violations are as follows : Requirements Relating to Reinsertion of Previously Deleted Material Certification of Accuracy of Information ( Section 611 ( a ) ( 5 ) ( B ) ( i ) ) : The information deleted from a consumers file can not be reinserted unless the person who furnishes the information certifies that the information is complete and accurate. I have not received any certification of accuracy from XXXX XXXX for the reinserted accounts. 
Notice to Consumer ( Section 611 ( a ) ( 5 ) ( B ) ( ii ) ) : If any information that has been deleted from a consumers file is reinserted, the consumer reporting agency must notify the consumer of the reinsertion in writing no later than 5 business days after the reinsertion. I have not received any such notification.

Additional Information ( Section 611 ( a ) ( 5 ) ( B ) ( iii ) ) : As part of, or in addition to, the notice under clause ( ii ), a consumer reporting agency must provide the following to a consumer in writing no later than 5 business days after the date of the reinsertion : A statement that the disputed information has been reinserted.

The business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information.

A notice that the consumer has the right to add a statement to the consumers file disputing the accuracy or completeness of the disputed information.

I have not received any of the required notifications or additional information as outlined above. The reinsertion of these accounts without proper certification and notification is illegal and has significantly damaged my creditworthiness, impacting my ability to obtain extended credit or get approved for a new home. 
Demands Given these violations, I am requesting that XXXX XXXX take the following actions immediately : Immediate Deletion : Delete all activities related to the aforementioned accounts from my credit report. 
Block All Reporting Information : Block all reporting information related to these accounts due to identity theft and potential fraud.

Failure to comply with this request within 5 business days will leave me no choice but to seek legal remedies for unauthorized and illegal reporting activities. Please confirm receipt of this letter and provide a detailed response regarding the actions taken to resolve these inaccuracies. 


Cc : XXXX  COMPLAINT IDENTITY THEFT COMPLAINT 1. Inaccurate Payment History : The payment history reported is not accurate. The records show incorrect dates for the first delinquency and last payment.

2. Unverifiable Information : The amount past due as of XX/XX/2024 is unverifiable. 
3. Incorrect Status : The status of the account is not accurate. If the debt has been charged off and written off by your company, it should not be reflected as an active debt on my credit profile.

4. Re-Aging of Debt : It appears that my account may have been re-aged, which is a serious violation of the Fair Credit Reporting Act ( FCRA ). Re-aging a credit account is not only illegal, but it causes older negative accounts to appear more recent, thereby damaging my credit unfairly. Re-aging a debt account is illegal and destroys a consumer 's credit. 

5. Disclosure and Opt-Out Opportunity : I was not given an opportunity to opt out of information sharing, nor were the terms, especially Disclosure B and C, adequately explained to me at the time of the agreement.

The accounts listed below were not authorized by me. The accounts all have something in common and that's inaccurate information that's damaging my creditworthiness. The accounts are not valid. I did not sign any contract or agree to any terms. Your company and XXXX XXXX are violating my consumer rights under FDCPA law that your company has to abide by but in fact, your company and Affirm ignore 15 usc 1692g, 15 usc 1692j, 15 usc 1692e, 15 usc 1692c, 15 usc 1692h, 15 usc 1692f ( D ) ( 8 ) and 15 usc 1681i ( a ) ( 5 ), 15 usc 1681e ( b ) ( 1 ) ( 2 ) ( A ) ( B. ) Please remove these accounts immediately being that these inaccurate accounts are not verifiable. The law is the law. I do not want these accounts to be reported on my credit profile. Stop all activities immediately, Cease and desist all activities with these accounts, Stop all communication, stop reporting false and illegal information, and stop sharing my information that wasn't given the authorization to share and use. ALL OF THE PAYMENT HISTORY IS INACCURATE! 
XXXX XXXX Potentially negative Date XXXX XXXX {$480.00} XXXX account. {$480.00} past due as of XX/XX/2024. 

XXXX XXXX Potentially negative Date XXXX XXXX {$540.00} XXXX account. {$540.00} past due as of XX/XX/2024. 

XXXX XXXX Potentially negative Date XXXX XXXX {$1700.00} XXXX account. {$1700.00} past due as of XX/XX/2024. 

XXXX XXXX Potentially negative Date XXXX XXXX {$430.00} XXXX account. {$430.00} past due as of XX/XX/2024. 

XXXX XXXX Potentially negative Date XXXX XXXX {$250.00} XXXX account. {$250.00} past due as of XX/XX/2024. 

XXXX XXXX Potentially negative Date XXXX XXXX {$710.00} XXXX account. {$710.00} past due as of XX/XX/2024. 

XXXX XXXX Potentially negative Date XXXX XXXX {$230.00} XXXX account. {$230.00} past due as of XX/XX/2024. 

XXXX XXXX Potentially negative Date XXXX XXXX {$490.00} XXXX account. {$490.00} past due as of XX/XX/2024. 

XXXX XXXX Potentially negative Date XXXX XXXX {$51.00} XXXX account. {$51.00} past due as of XX/XX/2024. 

XXXX XXXX Potentially negative Date XXXX XXXX {$110.00} XXXX account. {$110.00} past due as of XX/XX/2024. 

XXXX XXXX Potentially negative Date XXXX XXXX {$21.00} XXXX account. {$21.00} past due as of XX/XX/2024.