Consumer complaint received 2024-09-03
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Public record information inaccurate
Company: EQUIFAX, INC. (NJ)

Subject : DEMAND DELETE Bankruptcy Record AND ACCOUNTS WERE INCLUDED IN THE BANKRUPTCY Due to Privacy Violations and FCRA Non-Compliance AND TILA Bankruptcy Chapter Bankruptcy # XXXX Dear Sir/Madam, I am writing to formally dispute the inclusion of a bankruptcy record on my credit report, which I believe has been reported in violation of my privacy rights under 15 U.S.C. 1681a ( 4 ), and in non-compliance with the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S.C. 1681b ( 2 ). 

The court has provided me with AN AFFIDAVIT STATING THAT THEY DO NOT VERIFY OR VALIDATE ANY PUBLIC RECORDS THROUGH YOUR ORGANIZATION. I request that you immediately delete this unverified account. Per the FCRA 623 ( a ) ( 5 ) : " If the Credit Bureau can not VALIDATE the information with the ORIGINAL CREDITOR, they must remove said information from the consumer credit file '' and based in the Federal Credit Reporting Act, Additionally, I am invoking 15 U.S.C. 609 ( a ) ( 1 ) ( a ) and 15 U.S.C. 609 ( a ) ( 2 ) to request the removal of this bankruptcy record and to demand proof of its verification. Section According to the Fair Credit Reporting Act, Section 609 ( a ) ( 1 ) ( A ), you are required by federal law to verify, through the physical verification of the original signed consumer contract, any and all accounts that you post on a credit report. Otherwise, anyone paying for your reporting services could fax, mail or email in a fraudulent account. 
The details of the bankruptcy record in question are : Bankruptcy Account Number : [ XXXX ] Date of Bankruptcy : [ XX/XX/year> ] NAME COURT : FEDERAL Under 15 U.S. Code 1681b Permissible purposes of consumer reports I never gave you any written consent to report anything on my consumer reports no consent is fraud. - As a consumer by law this account must be deleted immediately. 

BOTH RECORD DONT REPORTING TO XXXX AND XXXX I express my deep disappointment in the information you have provided, as it fails to meet the minimum standards required for credit reporting. I respectfully request that you take immediate action to rectify this issue, as inaccurate and incomplete data has no place in your database or on my credit report. Should this matter not be resolved promptly, I may have to pursue legal recourse. Therefore, I kindly urge you to remove this inaccurate information from my credit report without delay. 

I have outlined the concerns pertaining to your reporting, as documented herewith, and I regret to inform you that it lacks comprehensiveness and fails to meet the standards I expect. In accordance with legal provisions, both yourself and the data furnishers bear the responsibility of certifying all facets of the mandated Fair Credit Reporting Act ( FCRA ) and Metro 2 compliance Violation of Privacy Rights ( 15 U.S.C. 1681a ( 4 ) ) : The inclusion of this bankruptcy record on my credit report was done without my proper consent and did not follow the required procedures for handling sensitive information. This action infringes upon my privacy rights and has adversely affected my financial reputation.

Non-Compliance with FCRA ( 15 U.S.C. 1681b ( 2 ) ) : According to this section of the FCRA, information in credit reports must be used only for permissible purposes and in accordance with established procedures. The bankruptcy record in question has been reported without valid justification and does not meet the necessary criteria for inclusion. 

Request for Removal under 15 U.S.C. 609 ( a ) ( 1 ) ( a ) and 609 ( a ) ( 2 ) : According to these sections of the FCRA, I have the right to request the removal of information from my credit report that is not accurately reported or is no longer appropriate for inclusion.

Furthermore, under 609 ( a ) ( 2 ), I am entitled to request proof of the verification of the bankruptcy record. If you are unable to provide such proof, the record must be deleted. 

Violation of Rights under Title 15, Chapter 41 : As a federally protected consumer, my rights under Title 15, Chapter 41 ( The FCRA ) have been violated. I am entitled to a full accounting of how this bankruptcy was verified and to ensure that all information on my credit report is accurate and handled according to the law. 

I request that you review this information in light of the cited legal provisions and proceed with the removal of the bankruptcy record from my credit report. Additionally, please provide proof of the verification of the bankruptcy record as required by the FCRA. If such proof can not be provided, the record must be removed immediately. 

I appreciate your prompt attention to this matter and look forward to receiving a response within the timeframe required by law. 
I do not consent to e-Oscar or any means of automated verification. 
Failure to respond satisfactorily within 30 days of receipt of this certified letter may result in a small claims action against your company, seeking {$5000.00} per violation for : 1. ) Defamation 2. ) Negligent Enablement of Identity Fraud 3. ) Violations of the Fair Credit Reporting Act 4. ) Financial Injury 6. ) Violations of 15 U.S.C 1692g 7. ) 15 U.S.C 1692a abusive practices 8. ) 15 U.S. Code 1681b - Permissible purposes of consumer reports 9. ) 15 U.S. code 1681 4A B2 Misleading False Reporting.S. Please be aware that dependent upon your response, I may be detailing any potential issues with your company via an online public press release, including documentation of any potential small claims action. I am also including a copy of my complaint to the organizations below : CC : Assistant Director of Enforcement Consumer Financial Protection BureauXXXX XXXX XXXX XXXX, D.C. XXXX CC : Law Firm XXXX XXXX XXXX XXXX XXXX XXXX CC : Consumer Financial Protection Bureau CC : Attorney Generals Office CC : XXXX XXXX XXXX CC : Federal Trade Commission Thank you!!