Consumer complaint received 2024-01-20
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)

On XX/XX/year> I notified this agency that I was a victim of identity theft via certified mail and as of today XX/XX/year> this agency continues to report information that resulted from the identity theft. Section 605B, Block of Information Resulting From Identity Theft, requires consumer reporting agencies to notify furnishers of information, including financial institutions, that information may be the result of identity theft, and that an identity theft report has been filed. I provided them with FTC report number XXXX as well as a block that had been requested. Upon receiving such notice, Section 623 ( a ) ( 6 ) requires furnishers to block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from identity theft, not later than 4 business days after the date of receipt by such agency of ; 1. appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 

All four requirements were met by me and will be attached to this complaint. At this time the agency has failed a requirement of the FCRA 15 U.S. Code 1681c2 to block the reporting of the information in my file that I identified as information that resulted from the identity theft, not later than 4 business days after the date of receipt by such agency which is a violation of law and is civilly liable to me for willful noncompliance actual damages sustained by me as a result of this failure under 15 U.S. Code 1681n. 
Resolution : For the agency to comply with the requirements of the FCRA 15 U.S. Code 1681c2 and block the reporting of the information in my file that I identified as information that resulted from the identity theft. Due to the failures to block the information no later than four days after receipt the agency is civilly liable to me for willful noncompliance actual damages sustained by me as a result of this failure under 15 U.S. Code 1681n.

Remove all listed accounts from my credit report immediately. 
Failure to respond satisfactorily within 4 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 5. ) PENALTY OF PERJURY 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 My contact information is as follows : XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX SSN : SS # XXXX P.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 : XXXX XXXX XXXX XXXXXXXX XXXX XXXX Consumer Financial Protection Bureau XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX CC : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Consumer Financial Protection Bureau CC : Attorney Generals Office CC : XXXX XXXX XXXX  XXXX : State Senate CC : Federal Deposit Insurance Corporation CC : Comptroller Of The Currency CC : Federal Reserve System CC : Credit and insurance CC : Federal Trade Commission CC : State Regulatory agency CC : California Regulatory agency Division of consumer complaints Sincerely XXXX XXXX