Consumer complaint received 2024-06-20
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: EQUIFAX, INC. (CA)

I want to formally address a significant issue concerning my account with XXXX XXXX XXXX, specifically a prior credit card, account # XXXX. Ive been attempting to settle this issue with XXXX XXXX and the credit reporting agencies. I have filed multiple complaints to the CFPB in good faith. 
XXXX XXXX XXXX  has been requiring and demanding the unlawful use of Federal Reserve Notes, known also as Floating Rate Notes. Ive been using debt notes as payment when the application used to open the account included access to my personal and private financial information. My social security card is an open-ended credit card pursuant to 15 U.S.C. 1602 ( l ), my signature serves as a financial asset, a SECURITY. This satisfies each monthly obligation pursuant to 12 CFR 360.6 ( 2 ) and the application is considered self-liquidating paper pursuant to 17 CFR 260.11b-6.

This is considered an unauthorized use since I received zero benefit. Pursuant to 18 U.S.C. 8, every coupon, bill, and certificate of indebtedness, both public and private used for personal, family, and household use are obligations of the United States. This complaint also serves as a Notice of Breach of Fiduciary Duty ( U.C.C. 3-307 ). I continue to submit complaints to the CFPB but if it doesnt resolve my case then a SEC complaint will be filed pursuant to 17 CFR 240.15c1-2 and 17 CFR 240.10b-5. Additionally, an IRS complaint for abusive tax schemes involving the SEC-filed trust arrangement for breach of securities and securities fraud will be filed.

The use of Federal Reserve Notes is unlawful and can not fulfill this purpose. Furthermore, I have noticed that XXXX XXXX XXXX  has been redeeming the dividends as non-cash items ( 12 CFR 210.2 ( k ) / 12 CFR 229.2 ( u ) ( 4 ) ).

Pursuant to 15 U.S. Code 1691 ( C ), assuming civil liability pursuant to 15 U.S. Code 1691 ( K ). 
By use of coercion and fraud, XXXX XXXX XXXX, XXXX, XXXX, and Equifax knowingly and willingly violated my federally protected rights. 

Pursuant to the aforementioned codes, I demand all credits be returned on all dividends at the establishment of my account. Balance will be zeroed out on a monthly basis via special deposit of the interest-bearing dividend associated with the statement/bond. This is an opportunity to cure to XXXX XXXX XXXX  and all three reporting agencies as well as their notice of default for the servicing of my account. 

Additionally, pursuant to IRS regulations, anytime a debt is charged off, the company is required to issue a Form 1099-C to the consumer so that the consumer can report this information on their taxes as income. I have received the accepted 1099-C copy, which is also considered a certificate of indebtedness according to IRS Publication 4681. Reporting the charged-off debt as income means that it is now considered debt-turned-income. Per IRS guidelines, income is not allowed to be reported on any consumer report. Therefore, I demand that the status of this account be updated to reflect it as " Paid '' and not as a charge-off.

This account is in violation of 15 U.S. Code 1681a ( d ) ( 2 ) Exclusions, which states that the term " consumer report '' does not include reports containing information as to transactions or experiences between the consumer and the person making the report. The continued reporting of this account is also a clear violation of 15 U.S. Code 1681s-2, which outlines your responsibilities as a furnisher of information, particularly regarding the accuracy of data reported to consumer reporting agencies.

Additionally, I reference the following applicable laws and regulations : 1. 15 U.S. Code 1681 ( a ) ( 4 ) - Congressional findings and statement of purpose : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and respect for the consumer 's right to privacy.

2. 15 U.S. Code 1681s-2 ( a ) ( 1 ) ( B ) - Reporting information after notice and confirmation of errors : A person shall not furnish information relating to a consumer to any consumer reporting agency if the person has been notified by the consumer that specific information is inaccurate, and the information is, in fact, inaccurate.

3. 15 U.S. Code 1681s-2 ( b ) ( 1 ) ( E ) - If an item of information disputed by a consumer is found to be inaccurate or incomplete or can not be verified after any reinvestigation, the furnisher must promptly delete that item of information or permanently block its reporting.

4. 15 U.S. Code 6803 - Disclosure of institution privacy policy : At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or electronic form, of the institution 's policies and practices with respect to disclosing nonpublic personal information to affiliates and nonaffiliated third parties and protecting the nonpublic personal information of consumers. Failure to comply with these requirements and continued disclosure of my nonpublic information after I ceased being a customer is a direct violation of this law.

5. 15 U.S. Code 1692 ( c ) ( c ) - Cease and desist communication : You are to cease and desist all communication to obtain this alleged debt and terminate all alleged debt collection efforts. 

XXXX XXXX XXXX, XXXX, Equifax and XXXX actions have caused me and my family severe mental, physical & financial stress as well hardship. They all claim to not sell my private information but they do. This is a violation of 15 U.S. Code 1692 ( d ) ( Harassment or abuse ) and 15 U.S. Code 1692 ( f ) ( Unfair practices ). Their actions are also in violation of the Truth in Lending Act ( TILA ), whereby they did not disclose to the consumer ( me ) the right to rescind within 72 hours. 

XXXX XXXX XXXX  and the three credit reporting agencies have repeatedly stated in their reply to the disputes that the account meets FCRA requirements, which is not true. The FCRA states that all information that is being reported on my consumer report must be 100 % complete and accurate. According to Congress, 15 U.S. Code 1681 ( a ) ( 4 ) - Congressional findings and statement of purpose : ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. It is not fair that they are neglecting their responsibility of ensuring accuracy and disrespecting my rights. Congress also states : 15 U.S. Code 1681s2 ( a ) ( 1 ) ( B ) Reporting information after notice and confirmation of errors : A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. I gave notice of these inaccuracies on several occasions disputing with XXXX, XXXX, and Equifax as well as disputing through the CFPB.

Should they fail to comply with these demands within fifteen ( 15 ) business days, I will be forced to take further legal action, including but not limited to, filing further complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and the IRS for abusive tax schemes and securities fraud. Additionally, I will seek compensation for the severe mental, physical, financial stress, and hardship caused by their negligence and inaccurate reporting, as outlined in 15 U.S. Code 1692 ( k ) and 15 U.S. Code 78ff ( a ).

Please provide written confirmation of the actions taken to resolve this matter. Thank you.