Consumer complaint received 2024-08-15
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: EQUIFAX, INC. (OK)

Dear [ Equifax/XXXX XXXX XXXX, I am formally requesting the immediate removal of all unauthorized and inaccurate information from my credit report. My personal information, including my Social Security number, was recently compromised due to a significant data breach, resulting in fraudulent activities that have severely impacted my credit history. 

Legal Basis for Request : 1. Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681i Section 611 ( 15 U.S.C. 1681i ) : I am disputing the accuracy of information on my credit report, which I believe to be a result of identity theft. You are required to investigate these claims and correct or delete any information found to be inaccurate, incomplete, or unverifiable within 30 days.

Section 605B ( 15 U.S.C. 1681c-2 ) : As a victim of identity theft, I am invoking my right to block fraudulent information on my credit report. This section mandates that you must block the reporting of any information resulting from identity theft within four business days of receiving my request.

2. Fair and Accurate Credit Transactions Act ( FACTA ) 15 U.S.C. 1681m Section 605A ( 15 U.S.C. 1681c-1 ) : I have placed a fraud alert on my credit report as a preventive measure against further unauthorized activities. This alert should remain in place for at least 90 days and can be extended upon request.

Section 609 ( e ) ( 15 U.S.C. 1681g ( e ) ) : I am requesting access to any and all business records related to the fraudulent accounts, as I am entitled to this information under FACTA.

3. Identity Theft and Assumption Deterrence Act ( ITADA ) 18 U.S.C. 1028 Section 1028 : Identity theft is a federal crime. Although I have chosen not to file a police report, this statute supports my request for relief from the fraudulent activities that have occurred. You are obligated to treat this matter with the seriousness it deserves under federal law.

Request : I demand the following actions : Immediate Removal : Remove all fraudulent accounts, unauthorized hard and soft inquiries, and any other inaccurate information related to the data breach from my credit report without delay.

Detailed Investigation : Conduct a thorough investigation into the suspicious activities on my credit file and provide me with the full results of this investigation as required by law.

Written Confirmation : Provide written confirmation that these actions have been completed, and my credit report has been corrected.

Opt-Out Requests : Opt-Out of Information Sharing : In accordance with the Gramm-Leach-Bliley Act ( GLBA ) 15 U.S.C. 6802 ( b ), I am opting out of any non-essential sharing of my information with third parties. Update your records to reflect this opt-out request immediately.

Opt-Out of Pre-Screened Credit Offers : Under FCRA Section 615 ( d ) ( 15 U.S.C. 1681m ( d ) ), I am opting out of receiving pre-screened credit and insurance offers. Please process this opt-out request and ensure my information is not used for unsolicited marketing.

Supporting Information : While I have not filed a police report, I have taken other protective measures, such as placing a fraud alert on my credit report. I trust that this, along with my legal rights under the statutes mentioned, will be sufficient to correct the fraudulent information on my credit report.

Please be advised that under the Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681n, failure to comply with the investigation and correction requirements can result in civil penalties of up to {$1000.00} per violation. If your investigation does not result in the removal of fraudulent and inaccurate information, I reserve the right to pursue legal action for damages as permitted by law.

Please address this matter with urgency. Failure to do so may result in further legal action to protect my rights. I expect a response confirming the requested actions within the legally mandated timeframes. 

Sincerely,