Consumer complaint received 2024-04-02
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: EQUIFAX, INC. (FL)

Equifax XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX RE : You Violated the United States Code Law NOTICE OF PENDING LEGAL ACTION SEEKING REDRESS AND MONETARY COMPENSATION UNDER FCRA 15 U.S. Code 1681n Civil liability for willful noncompliance, 15 U.S. Code 1681o Civil liability for negligent noncompliance, and 15 U.S. Code 1692k civil liability.

I hereby present this final written PROPOSAL FOR SETTLEMENT PRIOR TO LEGAL ACTION in an effort to amicably address your ongoing violation of the Fair Credit Reporting Act concerning your refusal to remove INACCURATE, Unverifiable, and Invalidated information from my consumer file. Should you fail to promptly delete the items detailed below, I am prepared to pursue legal recourse under the FCRA to seek relief and recover any monetary damages entitled to me under Section 616 and Section 617. A copy of this correspondence, along with previously provided evidence of INACCURATE, ERRONEOUS ITEMS, will also be included in a formal complaint to the Federal Trade Commission and utilized as evidence in potential legal proceedings should you decline this settlement offer. 
Your noncompliance with the FCRA is evident as the unverified items enumerated below persist on my credit report, in contravention of federal law. According to the FCRA, you are obligated to maintain documentation from original creditors to verify the accuracy of this information. Despite your assertion of " verification '' during your investigations, you have failed to furnish any original documentation ( such as a consumer contract bearing my signature ), as mandated by Section 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 1 ) ( A ). Moreover, you have neglected to provide the method of verification as required by Section 611 ( a ) ( 7 ). It is imperative to note that under Section 611 ( 5 ) ( A ) of the FCRA, you are obligated to expeditiously DELETE any unverifiable information. 
It is evident that your agency lacks comprehension of the FCRA, as demonstrated by the discrepancies present on my credit report. To elucidate : 1. The Fair Credit Reporting Act is the primary federal legislation governing the acquisition and dissemination of consumer credit information, dictating procedures for its collection, retention, and disclosure.

2. A FCRA violation encompasses scenarios where creditors furnish inaccurate financial data, reporting agencies conflate individuals ' information due to shared identifiers, or agencies disregard dispute-handling guidelines.

3. My rights under the FCRA include the ability to verify the accuracy of my report for employment purposes, receive notification of adverse actions based on my credit report, dispute and rectify incomplete, inaccurate, or unverifiable information, and request removal of outdated negative entries. 
I demand the immediate deletion of the listed items due to their lack of accuracy, verifiability, or validation, as they directly impact my financial well-being, as evidenced by recent credit denials stemming from your errors. 
Should you fail to adhere to federal law, I am prepared to pursue legal action to enforce my rights under the FCRA, as delineated in Sections 616 and 617, which outline civil liability and remedies available to aggrieved consumers. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX - This is completely inaccurate. - This inaccurate information is hindering my credit score and it needs to be removed or I will proceed with filing a complaint with consumer financial protection bureau and the attorney general for falsely reporting inaccurately on my credit report. 
XXXX XXXX XXXX XXXX XXXX XXXXXXXX - This account states that I pay account as agreed but you are reporting that I have a late payment and that is not correct. - This inaccurate information is hindering my credit score and it needs to be removed or I will proceed with filing a complaint with consumer financial protection bureau and the attorney general for falsely reporting inaccurately on my credit report. 
XXXX - XXXX - This is also completely inaccurate. - This inaccurate information is hindering my credit score and it needs to be removed or I will proceed with filing a complaint with consumer financial protection bureau and the attorney general for falsely reporting inaccurately on my credit report. 
XXXX XXXX XXXX - XXXX - This account states that I pay account as agreed but you are reporting that I have a late payment and that is not correct. - This inaccurate information is hindering my credit score and it needs to be removed or I will proceed with filing a complaint with consumer financial protection bureau and the attorney general for falsely reporting inaccurately on my credit report. 
XXXX  XXXX XXXX  - XXXX - This account states that I pay account as agreed but you are reporting that I have a late payment and that is not correct. - This inaccurate information is hindering my credit score and it needs to be removed or I will proceed with filing a complaint with consumer financial protection bureau and the attorney general for falsely reporting inaccurately on my credit report. 
XXXX XXXX - XXXX - This account states that I pay account as agreed but you are reporting that I have a late payment and that is not correct. - This inaccurate information is hindering my credit score and it needs to be removed or I will proceed with filing a complaint with consumer financial protection bureau and the attorney general for falsely reporting inaccurately on my credit report. 
XXXX  XXXX XXXX - XXXX - This account states that I pay account as agreed but you are reporting that I have a late payment and that is not correct. - This inaccurate information is hindering my credit score and it needs to be removed or I will proceed with filing a complaint with consumer financial protection bureau and the attorney general for falsely reporting inaccurately on my credit report. 
XXXX XXXX XXXX XXXX XXXX XXXXXXXX - This account states that I pay account as agreed but you are reporting that I have a late payment and that is not correct. - This inaccurate information is hindering my credit score and it needs to be removed or I will proceed with filing a complaint with consumer financial protection bureau and the attorney general for falsely reporting inaccurately on my credit report. 
XXXX - XXXX - This account is reporting as closed on my credit report however it is also reporting with XXXX late payments. A closed account can not report late payments. - This inaccurate information is hindering my credit score and it needs to be removed or I will proceed with filing a complaint with consumer financial protection bureau and the attorney general for falsely reporting inaccurately on my credit report. 
XXXX XXXX XXXX - XXXX - This account states that I pay account as agreed but you are reporting that I have a late payment and that is not correct. - This inaccurate information is hindering my credit score and it needs to be removed or I will proceed with filing a complaint with consumer financial protection bureau and the attorney general for falsely reporting inaccurately on my credit report. 
XXXX XXXX XXXX XXXX XXXX This is also completely inaccurate. - I do not recall ever being late on this - Please remove this erroneous information you are reporting. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX - This account states that I pay account as agreed but you are reporting that I have a late payment and that is not correct. - This inaccurate information is hindering my credit score and it needs to be removed or I will proceed with filing a complaint with consumer financial protection bureau and the attorney general for falsely reporting inaccurately on my credit report. 
XXXX - XXXX - This is also completely inaccurate. - This inaccurate information is hindering my credit score and it needs to be removed or I will proceed with filing a complaint with consumer financial protection bureau and the attorney general for falsely reporting inaccurately on my credit report. 
XXXXXXXX XXXX XXXX XXXXXXXX - Under 15 U.S. Code 1681e ( b ) and 15 U.S.

Code 1681i ( 5 ) this account in violation not reporting 100 % accurate - This account is in violation. Delete this account off my credit report immediately VIOLATION OF 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any 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 the consumer 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 : CC : Law Firm XXXX XXXX XXXX XXXX XXXX XXXX XXXX : XXXX XXXX XXXX XXXX of Enforcement Consumer Financial Protection XXXX XXXX XXXX XXXX Washington, XXXX XXXX CC : Consumer Financial Protection Bureau CC : Attorney Generals Office CC XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX : XXXX XXXX XXXX XXXX XXXX : Comptroller Of The Currency CC : Federal Reserve XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : Federal Trade Commission XXXX : XXXX XXXX XXXX XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX