Consumer complaint received 2024-06-05
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. (NY)

To Whom It XXXX Concern : This NOTICE is being sent to you in response to your reporting the aforementioned account on my FDCPA-backed CONSUMER REPORT. 

YOUR COMPANY IS IN CLEAR VIOLATION OF THE FDCPA I recently reviewed my consumer report and noticed an undisclosed collection account from XXXX XXXX XXXX XXXX, with a balance of {$XXXX}. 

I am not aware of any disclosures that state, " I, have any obligation to pay your company. ", nor have I received any notice that your company would open a collection on my consumer report. Consequently, the private information you are providing to my consumer report without Permissible Purpose is ILLEGAL. This unlawful reporting has significantly harmed my livelihood and reputation leading to credit denials. I hereby demand the immediate deletion and blocking of this fraudulent collection from my consumer report.

PLEASE ATTACH COPIES OF ANY PURCHASE AGREEMENT THAT GRANTS YOU LEGAL AUTHORITY TO COLLECT ON THIS ALLEGED DEBT. THEN PROVIDE DOCUMENTATION PROVING MY OBLIGATION TO PAY YOU THIS ALLEGED DEBT.

In accordance with U.S. Code, 1006.34 " Notice for validation of debts, '' Please provide proof that I was sent the proper disclosures and notices required by Congressional laws and regulations in accordance. Additionally, I hereby assert that I have not provided a permissible purpose, as defined in U.S. Code 1681b, for your company to disclose my private information to third-party credit reporting agencies. 

Furthermore, I demand an IMMEDIATE CEASE AND DESIST. I do not provide consent for any further communication from your debt collection agency. As per 15 U.S Code 1692c ( b ), I do not give you CONSENT TO FURNISH TO ANY THIRD PARTIES, including any consumer reporting agencies.

15 U.S. Code 1692c - Communication in connection with debt collection ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt ( 1 ) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after XXXX oclock antemeridian and before XXXX oclock postmeridian, local time at the consumers location ( b ) Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post-judgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. 
I hereby insist that this account be promptly reported as " Under Dispute '' until its resolution. The illicit furnishing of this information to my consumer report has inflicted considerable distress and harm upon me. It is important to note that in accordance with U.S. Code 1006.14, any subsequent posting subsequent to my ( The Consumer ) notice to you ( person ) is a clear violation and may provide a legal basis for consumer remedies.

1006.14 Harassing, oppressive, or abusive conduct. 
In general. A debt collector must not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt, including, but not limited to : 15 U.S. Code 1692g - Validation of debts ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumer 's right to dispute the debt or request the name and address of the original creditor. 
Please be advised : the aforementioned collection is hereby also required to be validated through the provision of documented proof of my signature, on a disclosure affirming my obligation to remit payment or provide a PURCHASE AGREEMENT between you and my original creditor to prove you own this debt. The failure to provide proper validation of the debt and proof of notice of debt to the consumer will give rise to a legal cause of action for fraud and extreme identity theft. If not willing to COMPLY I will hold you civilly liable and seek litigation for each violation you have broken within the FCRA. 
This collection needs to be permanently DELETED from my consumer report, as well as its closure. I must remind you that the Fair Credit Reporting Act explicitly guarantees my RIGHT TO PRIVACY and entitlement to an accurate credit report. The deleted account must be removed from all furnishings not just one bureau as explained in the FCRA. You are hereby on notice. 
Thank you for following the law.