Consumer complaint received 2024-04-12
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: EQUIFAX, INC. (NY)

Dear all companies involved my name is XXXX XXXX I have disputed this fraud credit account account with XXXX  XXXX l.i filed multiple identity theft claiming this account is fraud with the FTC. These negative reporting on my credit is hurting my life financially and progressively as well Iam a federally protected consumer and my rights are in violation also all credit bureaus and companies named are in violations of the fair cares act law its been more than 8 months i ask for credit bureaus to delete and remove negative account listed below XXXX XXXX XXXX XXXX Equifax Account # : XXXX XXXX Account Type : Revolving Revolving Account Type - Detail : Credit Card Credit Card Bureau Code : Individual Individual Account Status : Closed Closed Monthly Payment : {$83.00} {$83.00} Date Opened : XX/XX/XXXX XX/XX/XXXX Balance : {$2200.00} {$2200.00} No. of Months ( terms ) : XXXX XXXX High Credit : {$3000.00} {$1000.00} Credit Limit : {$1000.00} {$0.00} Past Due : {$140.00} {$140.00} Payment Status : Late 60 Days Late 60 Days Last Reported : XX/XX/XXXX XX/XX/XXXX Comments : Dispute resolved; reported by grantor Accounts closed by credit grantor Credit card Date Last Active : XX/XX/XXXX XX/XX/XXXX Date of Last Payment : XX/XX/XXXX XX/XX/XXXX nt ] [ Print selection ] [ XXXX XXXX ] Help 15 USC 1681s-2 : Responsibilities of furnishers of information to consumer reporting agencies Text contains those laws in effect on XX/XX/XXXX From Title 15-COMMERCE AND TRADE CHAPTER 41-CONSUMER CREDIT PROTECTION SUBCHAPTER III-CREDIT REPORTING AGENCIES Jump To : Source Credit Prior Provisions Effective Date XXXX. Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. 
( 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. 
( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address. 
( 2 ) Duty to correct and update information A person who- ( A ) regularly and in the ordinary course of business furnishes information to one or more consumer reporting agencies about the person 's transactions or experiences with any consumer ; and ( B ) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate. 
( 3 ) Duty to provide notice of dispute If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person may not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. 
( 4 ) Duty to provide notice of closed accounts A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed. 
( 5 ) Duty to provide notice of delinquency of accounts A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action. 
( b ) Duties of furnishers of information upon notice of dispute ( 1 ) In general After receiving notice pursuant to section 1681i ( a ) ( 2 ) of this title of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall- ( A ) conduct an investigation with respect to the disputed information ; ( B ) review all relevant information provided by the consumer reporting agency pursuant to section 1681i ( a ) ( 2 ) of this title ; ( C ) report the results of the investigation to the consumer reporting agency ; and ( D ) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis. 
( 2 ) Deadline A person shall complete all investigations, reviews, and reports required under paragraph ( 1 ) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section 1681i ( a ) ( 1 ) of this title within which the consumer reporting agency is required to complete actions required by that section regarding that information. 
( c ) Limitation on liability Sections 1681n and 1681o of this title do not apply to any failure to comply with subsection ( a ) of this section, except as provided in section 1681s ( c ) ( 1 ) ( B ) of this title. 
( d ) Limitation on enforcement Subsection ( a ) of this section shall be enforced exclusively under section 1681s of this title by the Federal agencies and officials and the State officials identified in that section. 
( Pub. L. XXXX, title VI, XXXX, as added Pub. L. XXXX, XXXX. A, title XXXX, XXXX ( a ) ( XXXX ), XXXX XXXX, XXXX, XXXX XXXX. XXXX. ) # XXXX - 15 USC 1681 I ( 7 ) - METHOD OF VERIFICATION IF YOU USE THE FIRST XXXX LAWS AND YOUR DISPUTES COME BACK AS ACCURATE, YOU CAN USE THIS LAW TO DEMAND PROOF OF THE INVESTIGATION THAT TOOK PLACE TO VERIFY THE ITEMS IF THEY CREDIT REPORTING AGENCIES CAN NOT PROVIDE IT, THEY MUST DELETE THE ITEMS FROM YOUR REPORT # XXXX - 15 USC 1681B - PERMISSIBLE PURPOSE YOU CAN USE THIS LAW TO CHALLENGE CREDIT REPORTING AGENCIES TO SHOW WHERE YOU PROVIDED WRITTEN PERMISSION FOR A NEGATIVE ITEM TO BE ON YOUR CREDIT REPORT. IF THEY CAN'T PROVIDE IT, YOU CAN LEVERAGE THIS LAW TO HAVE IT DELETED Law 15 U.S.C. 1681-1681x The Act ( Title VI of the Consumer Credit Protection Act ) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report can not be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The Fair and Accurate Credit Transactions Act added many provisions to this Act primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau most of the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains all its enforcement authority. 

XXXX. Fraudulent Presentment and Related Unauthorized Credit Card Transactions Made by Access Device18 U.S.C. 1029 ( a ) ( 7 ) This provision became effective XX/XX/XXXX, as part of the Violent Crime Control and Law Enforcement Act of 1994, Pub. L. No. XXXX, XXXX, XXXX XXXX. XXXX. The basis for Subsection ( a ) ( 7 ) of 18 U.S.C. 1029 arises from the various ways that the major credit card issuers treat in-person and telemarketing transactions. Transactions in-person, those in which the customer physically presents a credit card to a merchant for payment for goods or services, requires the customer to sign a credit card draft. In turn, the merchant 's bank or the credit card issuer treats these signed transaction slips in much the same way that checks would be treated. The merchant is credited with the value of the transaction at the time of deposit or submission for payment, and the merchant is charged a small fee for each transaction. Conversely, telemarketing transactions, i.e., transactions made via a telecommunication system, do not require a customer signature and, therefore, are more carefully scrutinized by the credit card systems. Consequently, the telemarketer is charged a substantially higher fee for processing the transactions. 

Telemarketers often launder credit card transactions through merchants, a practice which both systems rules expressly prohibit. Fraudulent telemarketers generally are unable to obtain merchant accounts from card issuers through which they can receive cash. To obtain money on the credit card numbers they obtain through their fraudulent telemarketing schemes, they find legitimate merchants who have merchant accounts with the credit card issuers and are willing, for a small percentage of the " sale '' amount, to create a fake credit card sales draft, i.e., a counterfeit ( fake ) access device, and submit it through the merchant account to the credit card issuer for payment. Prior to the enactment of Subsection ( a ) ( XXXX ) to 18 U.S.C. 1029, which expressly addresses this practice known as " factoring, '' the fraudulent, i.e., fake ( counterfeit ), credit card sales drafts practice was prosecuted successfully under 18 U.S.C. 1029 ( a ) ( 1 ) ( " knowingly and with intent to defraud produc [ ing ], us [ ing ], or traffic [ king ] in one or more counterfeit [ fake ] access devices '' ), 18 U.S.C. 371 or 1029 ( b ) ( 2 ) ( conspiracy ), 18 U.S.C. 1344 ( bank fraud ) if a XXXX merchant account ; 18 U.S.C. 1341 ( mail fraud ) if the United States Postal Service was used to execute the fraud on the credit card issuer ; or 18 U.S.C. 1343 ( wire fraud ) if interstate wiring was the means of executing the scheme to defraud. See United States v. XXXX, XXXX XXXX XXXX ( XXXXXXXX XXXX XXXXXXXX ) ( as counterfeit access device ), vacated in part on other grounds, XXXX XXXX XXXX ( XXXXXXXX XXXX XXXXXXXX ) ( en banc ), cert. denied, sub nom. XXXX XXXX United States, XXXX XXXX XXXX ( XXXX ) ; United States XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) ( bank fraud ) ; United States XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXXXXXX ) ( mail fraud ), reh'g. and suggestion for reh'g. en banc denied ( XXXX ) ; United States XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) ( mail fraud ) ; United States v. XXXX, XXXX XXXX XXXX ( XXXX XXXX. ) ( wire fraud ), cert. denied, sub nom. XXXXXXXX XXXX United States, XXXX XXXX XXXX ( XXXX ). For example, in XXXX the defendants were charged under the bank fraud statute with a large-scale scheme to obtain money by paying merchants for fraudulently processing counterfeit credit card transactions for numerous fraudulent telemarketers. The court specifically noted that while the defendant 's conduct clearly violated the bank fraud statute, the enactment of 18 U.S.C 1029 ( a ) ( 7 ) would now provide an explicit prohibition against this type of conduct. [ NOTE : For Federal jurisdiction, all 18 U.S.C. 1029 ( a ) ( 1 ) - ( 7 ) offenses must " affect interstate or foreign commerce. '' ]