Consumer complaint received 2024-09-14
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: EQUIFAX, INC. (NJ)

Dear CFPB, I am writing to formally submit a complaint under the Fair Credit Reporting Act ( FCRA ) XXXX ( XXXX U.S.C. XXXX ). I am invoking my rights to demand that any credit reporting agency block the fraudulent information on my consumer credit report, which is a direct consequence of identity theft. 

The incorrect information pertains to a personal credit card account falsely opened in my name at XXXX XXXX  XXXX XXXX, XXXX, XXXX. This fraudulent account has led to unauthorized and excessive inquiries that have negatively impacted my consumer XXXX credit score. 

I do not acknowledge any association with the aforementioned account or the related hard inquiries. The account reported by the XXXX XXXX XXXX was neither authorized, created, nor conducted by me, and it is a direct result of identity theft. This situation is governed by my rights under the Fair Debt Collection Practices Act ( FDCPA ) and the FCRA, which both emphasize consumers ' rights to validate debt ( XXXX XXXX. XXXX ). 

Debt validation encompasses several forms, including : XXXX of XXXX : The debt collector must provide evidence that the debt is valid and that they have the right to collect it. 
Documentation of the XXXX XXXX : XXXX that the debt was incurred with the original creditor. 
Detailed Account Statements : A complete breakdown of the debt, including any fees and interest assessed. 
XXXX XXXX : Evidence that the collector is authorized to collect on behalf of the creditor. 
Proof of Assignment : Documentation showing that the debt has been assigned to the collector if applicable. 
Payment History : A record of payments made towards the debt, if any, to clarify the current balance. 
Consumer 's Rights Notice : A statement informing the consumer of their rights under the FDCPA and the FCRA. 
Affidavit of XXXX : A sworn statement from the creditor or collector affirming the validity of the debt. 
Additionally, my constitutional rights under the XXXX XXXX, which guarantees equal protection under the law, are being violated by the presence of this fraudulent information on my credit report. Relevant case law in XXXX XXXX such as XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ), affirms that individuals must have the opportunity to defend against false claims that can adversely affect their financial standing. 

Furthermore, under the XXXX Rights XXXX of XXXX ( XXXX XXXX. XXXX ), I am entitled to fair treatment and protection against discriminatory practices that undermine my financial rights. 

In accordance with XXXX XXXX. XXXX, I am entitled to a reinvestigation of any disputed information, and under XXXX XXXX. XXXX, furnishers of information are required to provide accurate information and must investigate any claims of identity theft. 

Attached to this complaint is the Federal Trade Commission ( FTC ) identity theft report, which substantiates my claim that the disputed account and inquiries have arisen from fraudulent activities. This aligns with the rulings in XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX ) and XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX. XXXX. XXXX ), which emphasize the obligation of credit reporting agencies to promptly investigate and address such claims. 

I request that you take immediate action to block this fraudulent information from my credit report within XXXX business days of receiving this notice, as mandated by the FCRA. 

Thank you for your attention to this urgent matter. I look forward to your prompt response.