Consumer complaint received 2024-01-29
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. (PA)

RE : Acct # XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX To Who It May Concern : According to the provisions of the Fair Credit Reporting Act 611 ( a ) [ 15 USC 1681i ( a ) ], these disputed items must be reinvestigated or deleted from my credit report within 30 days. During the investigation period, these items must be removed from my credit report as the mere reporting of items prior to debt validation constitutes collection activity. I am also requesting the names, addresses and telephone numbers of individuals you contacted during your investigation.

Please notify me that the above items have been deleted pursuant to 611 ( a ) ( 6 ) [ 15 USC 1681j ( a ) ( 6 ) ]. I am also requesting an updated copy of my credit report, which should be sent to the address listed below. According to the provisions of 612 [ 15 USC 1681j ], there should be no charge for this report.

I recently pulled my credit report and noticed that you are both reporting this debt on my credit report and also that you have illegally pulled my credit report as there is an inquiry from you on it. I have been in contact with your firm several times and have never given you permission to pull my report. I have disputed this debt with the credit bureaus, and all three verified that this is a good debt.

Ive requested validation for this account before, and have never received it. To remind you, validation consists of : Complete payment history, the requirement of which has been established via XXXX XXXX XXXX  Itemized account of the debt, as established by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor. 
Letter of sale or assignment from the original creditor to your company. ( Agreement with your client that grants you the authority to collect this alleged debt. ) Intimate knowledge of the creation of the debt by you, the collection agency Your company has violated the following laws : FDCPA Section 809 ( b ), you are not allowed to purse collection activity until the debt is validated. You should be made aware that in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, XXXX, the courts ruled that reporting a collection account indeed is considered collection activity. 
According to the information given to us by your firm, the date of the charge-off was XXXX. The SOL on this alleged debt, even should it be mine, is 3 years in the state of California. You are violating 15 USC 1692E ( 2 ) ( A ) by reporting this debt on my credit report. The legal status of this debt is that it is not collectable and you are falsely representing the legal status by reporting it.

15 U.S.C 1681s-2 falsely reporting information to the credit bureaus.

The listed items are entirely inaccurate and incomplete, and represent a very serious error in your reporting. I am maintaining a careful record of my communications with you and the credit bureaus for the purpose of filing a complaint with the FTC, the state attorney generals office, the Better Business Bureau, and of course ammunition in my upcoming lawsuit against you.

This is the final request for debt validation before I file a lawsuit against your company under the provisions of the Fair Debt Collection Practices Act. You may wish to consult with a competent legal advisor before your next communication with me. Your failure to satisfy this request in accordance with the legal principals of estoppel will be constructed as your absolute waiver of any and all claims against me, and your tacit agreement to compensate me for costs and attorney fees.