Consumer complaint received 2024-07-27
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: EQUIFAX, INC. (AZ)

XXXX XXXXXXXX XXXX XXXX  Account XXXX # XXXX and # XXXX is not my account, not my debt, not my responsibility. 
A debt Collector ( XXXX XXXX XXXX XXXX XXXX XXXX ( Gurstel ( # XXXX ) ) filed lawsuits for the alleged debt and was subsequently dismissed as the debt was not Validated. ( see dismissal by The Superior Court of the State of Arizona in and for XXXX XXXX of XXXX attached ) ; Dismissed Case # XXXX and # XXXX and XXXX and XXXX and XXXX. 

The Debt and the reporting of these two accounts has been INVALIDATED BY THE SUPERIOR COURT OF ARIZONA.

Verification with the CBs or non-action of these requests is in violation of the FCRA and the FDCPA and is subject to fines.

If not removed from my CB file, Verification and Validation are demanded. Verification and validation are very different terms and ideas. Verification is making sure one actually owes the debt, see XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  The definition of verification according to XXXX 's XXXX XXXX is... averment that the party pleading is ready to establish the truth of what he has set forth. ... The examination of a writing for the purpose of ascertaining its truth ; or a certificate or affidavit that it is true.. The court said Confirmation of the correctness, truth, or authenticity of a pleading, account, or other paper, by an affidavit, oath, or depositionXXXX 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 

Validation is for disputing a debt, stopping account activities until the debt has been confirmed, see XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX The definition of validation according to XXXX 's XXXX XXXX is assessing an action to determine it is complete, correct, implemented and delivering the correct outcome. ; XXXX states it as to check or prove the validity or accuracy of something ; XXXX says XXXX to show the existence or truth of, by evidence. 

All rights under FCRA 611 ( a ) ( 7 ) and FCRA 623 are invoked, thus a demand for a complete description of all methods used to investigate the dispute ( s ) is required. The e-Oscar 2-digit code readout will not be acceptable. Unfortunately, credit bureaus often use software that does not complete thorough investigations and does not qualify as verification according to law. 

If these two accounts are not removed from my CB reports, I request a complete list of all documents and correspondence ( s ) with the original creditor, including, but not limited to : 1. All names and contact information of employees spoken to as part of this investigation ; and 2. Hard evidence that goes all the way back to the original creditor ; and 3. Information regarding the entire lifecycle of the loan ; and 4. Who originally wrote the loan ; and 5. The date of the loan ; and 6. Original contact information ; and 7. All letters and documents sent.

If unable to perform an investigation or locate the necessary documents, you are required by the FCRA to remove the information from the reports, including complete removal of the account. 

XXXX XXXX XXXX, XXXX, XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) held that a debt collector who makes an incorrect statement of law in communications FDCPA 's bona fide error defense, per 15 U.S.C. 1692k ( c ), even if it was an unintentional error. 

In addition, any response by a lawyer is inadmissible because ... lawyers are either lawyers or witnesses. They can not be both. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Therefore, I require a fact-witness so that a sufficiency of pleadings by sworn testimony can be met in regards to this alleged debt. 

Simply stated, if an attorney regularly engages in debt collection activities, that attorney is a debt collector under the XXXX and is subject to its provisions. This court holds that there is no additional implied exemption for attorneys when performing tasks of a legal nature. XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) In the case of Brim v. XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX ( XXXX ) the jury rendered a verdict awarding plaintiff {$100000.00} in compensatory damages and {$630000.00} in punitive damages due to XXXX Credits XXXX noncompliance of its duties under federal law ( FCRA ) to adequately investigate the consumers repeated credit report disputes over a XXXX period. XXXX XXXX sought to vacate the judgment or reduce the plaintiffs award, but the court refused, finding that a punitive damages award of roughly XXXX times the actual damages award of {$100000.00} was appropriate under Supreme Court standards. 

The reporting of this on my Credit report By is inaccurate and I demand it be removed from each of the XXXX Credit reporting bureaus ( XXXX, XXXX, and Equifax ). Alternatively the Credit Bureaus must Verify and Validate that the debt and report accurately.