Consumer complaint received 2024-04-03
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. (GA)

XX/XX/XXXX Equifax Information Services LLC XXXX XXXX XXXX XXXX, GA XXXX RE : Serious Violation of the United States Code Law ; Willful, MALICIOUS, UNETHICAL ACTS NOTICE OF PENDING LITIGATION SEEKING RELIEF AND MONETARY COMPENSATION UNDER FCRA 15 U.S. Code 1681n Civil liability for willful noncompliance and 15 U.S. Code 1681o Civil liability for negligent noncompliance and 15 U.S. Code 1692k civil liability.

Please accept this final written OFFER OF SETTLEMENT BEFORE LITIGATION as my attempt to amicably resolve your continued violation of the Fair Credit Reporting Act. I intend to pursue litigation in accordance with the FCRA to seek relief and recover all monetary damages that I may be entitled to under Section 616 and Section 617 if the INACCURATE, Unverifiable, and Invalidated items listed below are not deleted immediately. A copy of this letter and INACCURATE ERRONEOUS ITEMS sent to you previously will also become part of a formal complaint to the Federal Trade Commission. You shall be used as evidence in pending litigation, provided you fail to comply with this offer of settlement. 
YOU ARE IN DIRECT VIOLATION OF THE FCRA, and the unverified items listed below remain on my credit report in violation of federal law. Under the FCRA, you must have a copy of the original creditor 's documentation on file to verify that this information is correct and mine. In the results of your investigations, you wrote that you verified that these items are being reported correctly. Who verified these accounts? You have NOT provided me a copy of ANY original documentation ( a consumer contract with my signature on it ) as required under Section 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 1 ) ( A ). Furthermore, you have failed to provide the method of verification as required under Section 611 ( a ) ( 7 ). Please be advised that under Section 611 ( 5 ) ( A ) of the FCRA you are required to ... promptly DELETE all information which can not be verified.

Your agency doesnt know what the FCRA is because, from the looks of my credit report and all the errors, I see you are disregarding it, so heres my breakdown.

1. The Fair Credit Reporting Act is the primary federal law governing the collecting and reporting of credit information about consumers. Its rules cover how a consumer 's credit information is obtained, how long it is kept, and how it is shared with others, including consumers.

2. What is an FCRA violation?

Creditors give reporting agencies inaccurate financial information about you. Reporting agencies mixing up one person 's information with another 's because of similar ( or same ) last name or social security number. Agencies fail to follow guidelines for handling disputes.

3. My rights under the Fair Credit Reporting Act Verify the accuracy of my report when it is required for employment purposes.

Receive notification if information in my file has been used against me in applying for credit or other transactions.

Disputeand have the bureaus correct and deleteinformation in my report that is incomplete, inaccurate, and unverifiable. 
Remove outdated, negative information ( after XXXX years in most cases, XXXX in the case of bankruptcy ). 
I demand these items be deleted immediately. I entered the items and the outcome I desire below because you are in violation. These items are not 100 % accurate ; they are either INACCURATE, Unverifiable, or Invalidated. I recently applied for extended credit and was denied. I am in distress because of your mistakes.

The law is very clear as to civil liability and the remedy available to me ( Section 616 & 617 ) if you fail to comply with Federal Law. I am a litigious consumer and fully intend to pursue litigation in this matter to enforce my rights under the FCRA.

1. The following personal information is incorrect : Name : XXXX XXXX XXXX. The following personal information is incorrect Address ( es ) : XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX. The following personal information is incorrect : Address ( es ) : XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, GA XXXX XXXX. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account is in violation not reporting 100 % accurate. Under 15 USC 1666B, this is a billing error. I always paid as agreed on time. This is an error. Cease and desist as soon as possible. 
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete these items. 
5. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account is in violation not reporting 100 % accurate. Under 15 USC 1666B, this is a billing error. I always paid as agreed on time. This is an error. Cease and desist as soon as possible. 
XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete these items. 

6. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account is in violation not reporting 100 % accurate. Under 15 USC 1666B, this is a billing error. I always paid as agreed on time. This is an error. Cease and desist as soon as possible. 
XXXX XXXX XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete these items. 
7. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account is in violation not reporting 100 % accurate. Under 15 USC 1666B, this is a billing error. I always paid as agreed on time. This is an error. Cease and desist as soon as possible. 
XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete these items. 
XXXX. Under 15 U.S. Code 1692j - Furnishing certain deceptive forms, I am not participating in the collection of this alleged debt. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) This account is in violation and is not reporting 100 % accuracy. Under 15 USC 1666B, this is a billing error. Always paid as agreed on time. This is an error. Cease and desist as soon as possible. 
XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete these items. 
XXXX. Under 15 U.S. Code 1692j - Furnishing certain deceptive forms I am not participating in the collection of this alleged debt. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account is in violation not reporting 100 % accurate. Under 15 USC 1666B this is a billing error always paid as agreed on time this is an error Cease and desist as soon as possible. 
XXXX XXXX Account Number : XXXX Your improper procedures are highly damaging to my credit score. Please immediately delete these items. 
XXXX. Under 15 U.S. Code 1681e ( b ) and 15 U.S. Code 1681i ( 5 ) this account is in violation not reporting 100 % accurate. Cease and desist as soon as possible 11. Did not consent to the unauthorized inquiry XXXX  Date of Inquiry : XXXX XXXX, XXXX Please Remove It from My Credit Report IMMEDIATELY VIOLATION OF 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general, a person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by theconsumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater.

* Please remove all non-account holding inquiries Please note that you have 30 days to complete this investigation, as per the Fair Credit Reporting Act Section 611 ( a ) ( 1 ) ( A ). Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested as well, to be provided within ( 5 ) days of the completion of your re-investigation, and I am keeping a careful record of your actions, including your Method of Verification. 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 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 : 15 U.S. Code 1681- ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and respect for the consumers right to privacy.

15 USC 1681a ( f ) -consumer reporting agency ( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

15 USC 1681 ( a ) ( 1 ) - ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine public confidence, which is essential to the continued functioning of the banking system 15 U.S. Code 1681i - Procedure in case of disputed accuracy ( A ) In general Subject to subsection ( f ) and except as provided in subsection ( g ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 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, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate.

Permissible Purposes of Consumer Reports Section 604 ; 15 U.S.C. 1681b Investigative Consumer Reports Section 606 ; 15 U.S.C. 1681d Legally Permissible Purposes. The FCRA allows a consumer reporting agency to furnish a consumer report for the following circumstances and no other : 1. In response to a court order or Federal Grand Jury subpoena. 2. In accordance with the written instructions of the consumer. 3. To a person, including a financial institution, that the agency has reason to believe intends to use the report as information for any of the following reasons : a. In connection with a credit transaction involving the consumer ( includes extending, reviewing, and collecting credit ) ; b. For employment purposes ; 8 c. In connection with the underwriting of insurance involving the consumer ; d. In connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality that is required by law to consider an applicants financial responsibility, e. As a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation.

15 USC 1692a ( 6 ) - The term debt collector means any person who uses any instrumentality of interstate commerce or the mail in any business, the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business, the principal purpose of which is the enforcement of *security interests.

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 8 oclock antemeridian and before 9 oclock postmeridian, local time at the consumers location also says they can not contact a consumer at a place that is unusual ; who else can say if a place is unusual, mother than yourself ; ( 2 ) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorneys name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or ( 3 ) at the consumers place of employment if the debt collector knows or has reason to know that the consumers employer prohibits the consumer from receiving such communication.

15 U.S. Code 1692dHarassment or abuse A debt collector may not engage in any conduct whose natural consequence is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

( 2 ) The use of obscene or profane language or language, the natural consequence of which is to abuse the hearer or reader.

5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. 
XXXX XXXX XXXXXXXX 15 U.S. Code 1692e - False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.

( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.

( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.

( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.

( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.

15 U.S. Code 1681s2 ( b ) The Family Educational Rights and Privacy Act ( FERPA ) is a federal law enacted in 1974 that protects the privacy of student education records. FERPA applies to any public or private elementary, secondary, or post-secondary school. It also applies to any state or local education agency that receives funds under an applicable program of the US Department of Education. The Act serves two primary purposes : 1. 2. It gives parents or eligible students more control over their educational records, and It prohibits educational institutions from disclosing personally identifiable information in education records without the written consent of an eligible student or if the student is a minor, the students parents ( 20 U.S.C.S. 1232g ( b ) ). An eligible student is one who has reached age 18 or attends a school beyond the high school level. Parents or Eligible Students Rights Parents or eligible students have the right to take the following actions : Inspect and review the students education records maintained by the school. Schools do not have to provide copies of records unless it is impossible for parents or eligible students to review the original records ( e.g., they live far away ). Request that a school correct records they believe to be inaccurate or misleading. If the school decides not to change the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to change the record, the parent or eligible student has the right to place a statement with the record that explains his or her view about the contested information. Stop the release of personally identifiable information. Get a copy of the institutions policy concerning access to educational records. 

Thank you for your attention in this matter, XXXX XXXX XXXX  Without prejudice, All Natural Rights Reserved ; Grantor Beneficiary