Consumer complaint received 2024-09-11
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. (CA)

Subject : Response to XXXX XXXX  's False and Misleading Representation and FDCPA/FCRA Violations Dear XXXX XXXX  XXXX XXXX XXXX XXXX am writing in response to your letter dated XX/XX/XXXX, regarding CFPB Complaint ID XXXX. Your letter states that XXXX Bank is responding to a dispute originally sent to California XXXX XXXX. However, this response is both false and misleading, constituting a violation of the Fair Debt Collection Practices Act ( FDCPA ) under 15 U.S.C. 1692e, which prohibits deceptive practices and false representations in connection with the collection of any debt.

FDCPA Violation - 15 U.S.C. 1692e : False and Misleading Representation It is highly suspicious and inappropriate that I addressed my dispute to California XXXX XXXX, yet XXXX XXXX  is now responding. I have never done business with XXXX  XXXX XXXX, and I have clearly stated that this debt is not mine. By falsely implying a relationship between myself and XXXX XXXX, you are engaging in deceptive practices under the FDCPA. 

Moreover, your assertion that XXXX XXXX  lawfully acquired a contract on XX/XX/XXXX from XXXX XXXX XXXX is incorrect, and you have provided no verifiable proof of such a contract. Your response further fails to provide sufficient documentation verifying this alleged debt. This omission violates my rights under 15 U.S.C. 1692g, which requires proper validation of a debt within 30 days after a consumer disputes it.

FDCPA Violation - 15 U.S.C. 1692g : Failure to Validate Debt I sent a written dispute requesting validation of this alleged debt, and XXXX XXXX  has failed to provide any documentation proving the validity of the debt, ownership, or the original contract. Simply stating that the debt was acquired does not meet the legal requirements for debt validation. This failure is a clear violation of 15 U.S.C. 1692g.

FDCPA Violation - 15 U.S.C. 1692c : Cease and Desist I previously invoked my right under 15 U.S.C. 1692c to demand that all communication regarding this disputed debt cease. While you claim to have marked the account as " cease and desist, '' the fact remains that you should not be reporting this unverified debt to any credit bureaus.

Violation of Permissible Purpose - 15 U.S.C. 1681b : Unauthorized Reporting Under the Fair Credit Reporting Act ( FCRA ), it is a violation of 15 U.S.C. 1681bto access or report information on a consumer report without a permissible purpose. I have never given consent to XXXX XXXX XXXX XXXX XXXX XXXX  to furnish any information regarding this account to credit reporting agencies. The reporting of this debt without my written authorization is unlawful and constitutes a clear violation of the permissible purpose provision. 

FCRA Violation - 15 U.S.C. 605B : Illegal Reporting Without Permission According to 15 U.S.C. 605B, it is illegal to report information on my consumer report without my written consent. Neither California XXXXXXXX XXXX XXXX XXXX XXXX has obtained my permission to report this debt to credit bureaus, making this reporting fraudulent. This violation further compounds the harm caused by the false and misleading reporting on my consumer report. 

FDCPA Violation - 15 U.S.C. 1692e ( 8 ) : Unauthorized Reporting It is a violation of 15 U.S.C. 1692e ( 8 ) for XXXXXXXX XXXX XXXX XXXX XXXX XXXX to report inaccurate and unverified information to credit reporting agencies. I have never authorized either entity to furnish information on my consumer report, making the reporting of this account fraudulent and an act of identity theft. 

Identity Theft Claim As I have clearly stated in prior communications, I believe my identity has been stolen and used in connection with this fraudulent debt. XXXX XXXX  has provided no sufficient proof that this debt is mine, and I have no contractual obligation with either XXXXXXXX XXXX XXXX XXXX XXXX XXXX. Your failure to address this serious matter only reinforces my claim that this debt is fraudulent. 

Demand for Immediate Deletion and Legal Action I demand the immediate deletion of this unverified and fraudulent account from my credit report. Should XXXXXXXX XXXX XXXX XXXX XXXX XXXX continue to furnish false information to credit reporting agencies, I will pursue legal action for damages under the following : - FDCPA Civil Liability : 15 U.S.C. 1692k allows me to seek damages for violations of the FDCPA, including false and misleading representations, failure to validate the debt, and unauthorized reporting.

- FCRA Civil Liability : 15 U.S.C. 1681n ( willful noncompliance ) and 15 U.S.C. 1681o ( negligent noncompliance ) provide for civil liability for violations of the FCRA, as XXXXXXXX XXXX XXXX XXXX XXXX XXXX have unlawfully reported negative information to credit bureaus without permissible purpose or validation. 

I request that the Consumer Financial Protection Bureau ( CFPB ) investigate the serious violations outlined in this letter. If XXXX XXXX fails to take immediate corrective action, I will be left with no choice but to escalate this matter legally to recover damages caused by this fraudulent reporting. 

Thank you for your prompt attention to this matter. 

Sincerely, XXXX XXXX XXXX XXXX.