Consumer complaint received 2024-07-11
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: EQUIFAX, INC. (GA)

XXXX. Subject : Notice of Results of Reinvestigation To Whom It May Concern : I recently received a copy of my consumer report and noticed several accounts that should not be there. This agency is in violation of 15 USC 1681i ( 2 ) ( A ), as I was not notified in writing 5 days prior to the addition of these accounts.

Additionally, pursuant to 15 USC 1681i ( a ) ( 5 ), regarding the treatment of inaccurate or unverifiable information : 1. If, after reinvestigation, any disputed information is found to be inaccurate, incomplete, or unverifiable, the consumer reporting agency must : ( i ) Promptly delete or modify the information based on the results of the reinvestigation. ( ii ) Promptly notify the furnisher of the information that it has been modified or deleted. 
The following accounts must be deleted from my consumer report immediately : Name Account Number Amount XXXX XXXX {$410.00} XXXX XXXX XXXXXXXX XXXX {$2500.00} XXXX XXXXXXXX {$730.00XXXX XXXX  XXXX {$320.00} XXXX  XXXX XXXX {$400.00} GA XXXX XXXX XXXX {$3100.00} XXXX XXXX {$100.00} XXXX XXXXXXXX XXXX {$0.00} Chapter XXXX Bankruptcy XXXX XXXX  XXXX XXXX {$250.00} XXXX XXXX XXXXXXXX {$640.00} XXXX XXXXXXXX Violations : 1. 15 U.S.C. 1681s-2 ( a ) ( 1 ) : This section states that a person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 
2. 15 U.S.C. 1681e ( b ) : This section requires consumer reporting agencies to follow reasonable procedures to ensure the maximum possible accuracy of the information concerning the individual about whom the report relates.

3. 15 U.S.C. 1681 602 ( a ) : This section affirms my right to privacy.

4. 15 U.S.C. 1681 604 ( a ) ( 2 ) : This section states that a consumer reporting agency can not furnish an account without my written instructions.

5. 15 U.S.C. 1681c ( a ) ( 5 ) : This section states that no consumer reporting agency may make any consumer report containing any adverse items of information, other than records of convictions of crimes, which antedates the report by more than seven years.

6. 12 CFR 1006.34 ( c ) : The Consumer Financial Protection Bureau ( CFPB ) has established requirements for the validation of debts. Under this regulation, the debt collector must provide clear and accurate information about the debt, including a detailed description of the nature of the debt and the original creditor. This requirement has not been met in my case.

7. Real Estate Settlement Procedures Act ( RESPA ) - 12 USC 2605 : Mortgage servicers must respond to written requests for information and disputes about errors within 30 business days.

8. 20 U.S.C. 1094 ( a ) ( 25 ) : This section requires institutions to provide accurate information regarding student loans to credit reporting agencies.

9. Truth in Lending Act ( TILA ) - 15 USC 1601 : Requires clear and accurate disclosures of terms and costs of loans. Consumers have the right to dispute errors related to the terms of their loan and seek corrections.

10. 15 U.S.C. 1681a ( 2 ) ( B ) : This section pertains to the exclusion of certain types of information from consumer reports, including any adverse information other than records of convictions of crimes which antedates the report by more than seven years.

11. 34 CFR 685.215 : This regulation outlines the process for loan discharge due to school closure, false certification, or unauthorized signature/identity theft. Given that my situation involves inaccuracies related to loan certification and reporting, I request a thorough investigation into the validity of these loans.

12. 34 CFR 685.215 ( iii ) : This clause further specifies the conditions under which a borrower 's obligation to repay a Direct Loan is discharged if the loan was falsely certified. I believe that my case falls under this provision, and I request that you review the documentation and certify the discharge accordingly.

13. Graham-Leach-Bliley Act - 15 USC 6802 : This section requires financial institutions to provide notice and an opportunity to opt-out of sharing information with non-affiliated third parties.

Given these violations, I request the following actions : 1. Conduct a thorough investigation of the disputed accounts.

2. Remove the inaccurate information from my credit report.

3. Provide me with a written statement detailing the outcome of your investigation.

4. Send a corrected copy of my credit report to my address above.

Failure to respond satisfactorily within 30 days of receipt of this certified letter may result in a small claims action against your company, seeking {$1000.00} per violation for : 1. Defamation 2. Negligent Enablement of Identity Fraud 3. Violations of the Fair Credit Reporting Act 4. Violations of the Consumer Financial Protection Bureau regulations These accounts are inaccurate and incomplete. Information on consumer reports must maintain maximum possible accuracy, meaning it should be correct in all details and exact.

Your agency has also failed to notify me as required under 15 USC 1681i ( 6 ) ( A ) : 1. Notice of Results of Reinvestigation o A consumer reporting agency must provide written notice of the results of a reinvestigation within 5 business days after completion.

Your company is in clear violation of the law. Under 15 USC 1681b, consumer reports may only be furnished with the written instructions of the consumer.

Furthermore, the Fair Credit Reporting Act 15 USC 1681 ( 2 ) ( a ) ( i ) excludes certain information from consumer reports : 1. Exclusions o Reports containing information solely as to transactions or experiences between the consumer and the person making the report are excluded.

Please delete the above-referenced accounts from my consumer report immediately. Failure to respond satisfactorily will result in legal action, including seeking {$1000.00} per violation.

Also, the accounts below highlights the inconsistences in my credit which shows the above violations 2. Subject : Personal Information Update This is my second time writing you to update my personal information.

15 USC 1681 ( a ) ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy I demand a deletion of all personal identifiable information from my consumer credit report except for : 1. My Full Legal Name : XXXX XXXX XXXX XXXX. My Address : XXXX XXXX XXXX, XXXX, XXXX XXXX Please delete all other addresses, I can not receive mail or any correspondence nor do I have access to any of these addresses please delete these outdated addresses and update the address with the one above.

Delete all phone numbers.

I demand my social security number and date of birth be removed from being displayed on the credit file for privacy reasons.

Delete all information in the employer section.

Pursuant to the FAIR CREDIT REPORTING ACT 15 USC 1681 ( a ) ( 4 ), I am a federally protected consumer and I have a right to privacy. Not granting me my rights is in direct violation of 15 USC 1681 and all its subsections.

Please send an updated credit report once the changes are complete to my contact information listed. 
My contact information is as follows : Name : XXXX XXXX XXXX XXXX : XXXX XXXX. Subject : Dispute of Bankruptcy Entry on Credit Report I am writing to formally dispute the bankruptcy entry on my credit report. This entry is inaccurate and is causing significant harm to my credit standing.

Details of the Disputed Bankruptcy : Reason for Dispute : The bankruptcy entry does not belong to me.

Requested Action : I request that you investigate this matter and remove the inaccurate bankruptcy entry from my credit report. According to the Fair Credit Reporting Act ( FCRA ), you are required to conduct a reasonable investigation and correct any inaccurate information.

Please provide a detailed description of the investigation process and the methods used to verify the accuracy of the disputed bankruptcy entry. I also request the following : 1. Verification Sources : Provide a list of all sources, including courts or public records, consulted during the investigation.

2. Documentation Reviewed : Detail any documentation or evidence reviewed to support the verification of the disputed bankruptcy. 
XXXX. Correction : If the investigation confirms the inaccuracy, promptly correct my credit report. 
If you can not verify the accuracy of the disputed bankruptcy entry, it must be removed from my credit report. 
I expect to receive a response within 30 days of your receipt of this letter, as mandated by the FCRA. Failure to address this dispute promptly and accurately will result in a formal complaint filed with the Consumer Financial Protection Bureau ( CFPB ) and the Attorney Generals office. I may also seek legal advice to ensure my rights are protected.

Please send your response to the address listed above. Thank you for your prompt attention to this matter.

I am writing to formally dispute the bankruptcy entry on my credit report. This entry is inaccurate and is causing significant harm to my credit standing.

Reason for Dispute : The bankruptcy entry does not belong to me.

Requested Action : I request that you investigate this matter and remove the inaccurate bankruptcy entry from my credit report. According to the Fair Credit Reporting Act ( FCRA ), you are required to conduct a reasonable investigation and correct any inaccurate information.

Please provide a detailed description of the investigation process and the methods used to verify the accuracy of the disputed bankruptcy entry. I also request the following : 4. Verification Sources : Provide a list of all sources, including courts or public records, consulted during the investigation.

5. Documentation Reviewed : Detail any documentation or evidence reviewed to support the verification of the disputed bankruptcy.

6. Correction : If the investigation confirms the inaccuracy, promptly correct my credit report.

If you can not verify the accuracy of the disputed bankruptcy entry, it must be removed from my credit report.

4. Subject : Unauthorized inquiry to my consumer report ; demand for Deletion and {$1000.00} Settlement.

You are in violation of the Fair Credit Reporting Act ( FCRA ), [ 15 U.S.C 1681b ( a ) 3 ( f ) ( i )., for unlawfully obtaining my XXXX, XXXX, or Equifax consumer report without my authorization or a permissible purpose under the 15 USC 1681 Fair Credit Reporting Act ( FCRA } and its guidelines for permissible purpose. 

A person shall not use or obtain a consumer report for any purpose unless ; XXXX. The consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section. 
XXXX. The purpose is certified in accordance with section 1681b ( f ). Chester v. Purvis, 260 F. Supp 2d 711 ( S.D. Ind. 2003 ).

15 USC 1681b ( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 3 ) Information regarding inquiries ; Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.

I have not initiated any transaction with the following accounts listed below as defined under 15 U.S.C. 1693a ( 2 ) with Credit for review or collection. 

Inquiry : Creditor Name Date of Inquiry Credit Bureau XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX XXXX Furthermore, under the FCRA , Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both, 15 U.S.C. 1681n ( a ).

15 U.S. Code 1681q - Obtaining information under false pretenses Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both.

616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] ( a ) In general. Any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer because 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 ; Thank you for your prompt attention to this matter. Please confirm receipt of this letter and keep me informed of your progress. 
Sincerely, Equifax Information Services LLC XXXX XXXX XXXX XXXX, GA XXXX Cc : Consumer Financial Protection Bureau Cc : Attorney Generals Office Cc : Better Business Bureau