Consumer complaint received 2023-09-25
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: EQUIFAX, INC. (NC)

I am writing to inform you that I have received a copy of my credit report and it has come up with some errors. You reported several wrong personal identifiers in the file, which may jeopardize my identity if they are not changed immediately! 
I want this resolved as soon as possible so please remove all inaccuracies from your records before any bad consequences happen because these things can really harm someone's life. 
My only name is XXXX XXXX XXXX, I do not have another name or alias. I insist that you remove all names from your system that do not match XXXX XXXX XXXX. 
Also, my current address is XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX, XXXX XXXXXXXX XXXX XXXX XXXX XXXXm requesting that the information in my file be updated to reflect only my current correct address. Any address that you have on file for me that deviates from XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX is not accurate and should be removed immediately. 
I also ask that you remove any employers and phone numbers associated with my credit report. I do not AUTHORIZE you to retain or report any information, which consists of unverified claims about myself being potentially outdated or inaccurate. 
Please do not use old or incorrect information about me. I understand that you must complete this update within 30 days of receipt of my letter, which means it's imperative we get everything accurate! 
I look forward to your written response confirming your compliance on this matter as well as an updated credit report. 
Sincerely, XXXX XXXX XXXX Please send your written response to my address of XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX I am reporting that there are some negative items in my credit profile, but I have not confirmed or accepted that these are accurate. I dispute these claims and demand that any negative information be removed from the reports immediately.The claims that this information in my report is negative, untrue, incorrect, incomplete, untimely, and not verifiable are unsubstantiated. I have yet to be provided physical verifiable proof that the claims of negativity within my report are true.After reviewing my report I noticed several deviations from mandatory reporting standards therefore the data in my report can not be accurate and complete! With that said, I refute your allegations and challenge you to provide proof that you have the right to report this incomplete negative information about me. Document that you have complied with the reporting requirements, and report without any deviations. If you have not complied with the requirements or there are any negative aspects below that have been challenged, you must remove them from my report. Per 15 U.S.C 1681e Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates " Also per 12 CFR Part 1022 ( Regulation V ) requires furnishers to : A - Furnish information about accounts or other relationships with a consumer that has integrity. B - Furnish information about accounts or other relationships with a consumer that is accurate. C - Conduct reasonable investigations of consumer disputes According to CRRG, in order to make a lawful report, you must follow the Metro 2 compliance standards. Also as stated in the CRRG Any Deviation From These Standards Jeopardizes The Integrity of The Data. This means that any mistakes in reporting claims can make the information less accurate. This is important to remember because it affects the accuracy of any federally regulated reports. With that said! I found some mistakes and inaccuracies in your report and I would like to invoke my rights to dispute/challenge these inaccurate and non-compliant items. If you continue to report claims that are not perfect, it shows that you do not care about my rights as a consumer. I don't think it's fair for you to report on me in a way that isn't confirmed to be ethical and meets the standards of certified reporting. The following claims about me were not reported correctly and do not meet federal requirements. I am challenging these claims and asking for proof that the proper reporting standards were followed. 
challenged account : XXXX  ( XXXX ) - ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( Original Creditor : XXXX XXXX XXXX ) XXXX XXXX  ( Original Creditor : XXXX XXXX XXXX XXXX  ) XXXX XXXX XXXX XXXX ( Original Creditor : XXXX XXXX XXXX  ) XXXX XXXX ( Original Creditor : XXXXXXXX XXXX XXXX ) XXXX XXXX ( Original Creditor : XXXX XXXX XXXX XXXX ) XXXX ( Original Creditor : ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX is reporting on my consumer credit file without providing me any communication regarding the account and debt alleged owed XXXX under FDCPA they are suppose to provide me a notice within 5 days before furnishing on my reporting, providing me notice of the debt pursuant to 15 U.S. Code 1692g - Validation of debts- a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. they did not lawfully provide proper communication that i have a right under 15 U.S. Code 1692g - Validation of debts- ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. 15 U.S. Code 1666b - Timing of payments- ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. These companies are reporting late payments, collections, and 30 day, 60 days,120 days payment on dates that are PPNL PAID AND NEVER LATE there fore prompting me to not be able to properly responded during the dunning period for the alleged debt which does not constitute for me to be liable by law under 15 U.S. Code 1692g - Validation of debts ( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.15 U.S. Code 1681b - Permissible purposes of consumer reports- ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18. ( 2 ) In accordance with the written instructions of the consumer to whom it relates. ( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; they are communicating with Third parties XXXX, EQUIFAX, XXXX, XXXX XXXX with out proper permissible purpose under 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 ( b ) Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. this company is also furnishing incorrect incomplete in accurate information they are claiming to have charged off and collecting which they can not do, i asked them for validation of debt This letter is being sent to you in response to notices sent to me from your company and more importantly, due to your erroneous reporting to the Credit Bureaus, the highly negative impact on my personal credit report. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that your claim is disputed and validation is requested. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you regarding the following account numbers : 15 U.S. Code 1681e - Compliance procedures-a ) Identity and purposes of credit users Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. ( c ) Disclosure of consumer reports by users allowed A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report. ( d ) Notice to users and furnishers of information ( 1 ) Notice requirement A consumer reporting agency shall provide to any person ( A ) who regularly and in the ordinary course of business furnishes information to the agency with respect to any consumer ; or ( B ) to whom a consumer report is provided by the agency ; a notice of such persons responsibilities under this subchapter. ( 2 ) Content of notice The Bureau shall prescribe the content of notices under paragraph ( 1 ), and a consumer reporting agency shall be in compliance with this subsection if it provides a notice under paragraph ( 1 ) that is substantially similar to the Bureau prescription under this paragraph. 15 U.S. Code 1681i - Procedure in case of disputed accuracy- ( a ) Reinvestigations of disputed information ( 1 ) Reinvestigation required ( 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 disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Please provide me with : Your legal staff will agree that compliance with this request is required under the state laws and the Federal Statutes. In addition to the questionnaire below, please attach copies of : - Agreement with your client that grants you the authority to collect on this alleged debt, or proof of acquisition by purchase or assignment. - Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor. - Proof that you are licensed to collect in my state. - Your license numbers and Registered Agent or Agent of Service. - The identity, name, and address of the original creditor. Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities. At this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus ( Experian, Equifax or TransUnion ) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate to bring legal action against you for the following : 1. Violation of the Fair Credit Reporting Act, ,2. Violation of the Fair Debt Collection Practices Act and 3. Defamation of Character If your offices can provide proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate, when in fact there is no provided proof that it is accurate. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. If your company fails to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit report and a copy of such deletion ( to any/all of the 3 major credit reporting bureaus : Equifax, Experian and TransUnion ) request shall be sent to me immediately. It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose. they failed to do so. they also did not provide me with my 1099C tax form for the charge off i have to turn all charged off debts in on for income on 1099c in which they are claiming to have done while unlawfully still trying to collect.

Furthermore, as you can see from the information above, your agency is not reporting accurate information. According to [ 15 USC 1681e ] ( b ), Whenever a consumer reporting agency prepares a consumer report, it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual to whom the report relates.

You are in violation of the FCRA, [ 15 USC 1681b ] ( a ) ( 2 ) : ( a ) In general. Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. I offer my testimony herein that I have not authorized or given anyone access to my private and confidential records and certainly not the information you're reporting.

My rights were violated, especially my right to privacy, according to [ 15 USC 1681 ] ( a ) ( 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 To Whom It May Concern : This letter is being sent to you in response to notices sent to me from your company and more importantly, due to your erroneous reporting to the Credit Bureaus, the highly negative impact on my personal credit report. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that your claim is disputed and validation is requested.

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you regarding the following account numbers : XXXX ( XXXX ) - ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( Original Creditor : XXXX XXXX XXXX ) XXXX XXXX ( Original Creditor : XXXX XXXX XXXX XXXX  ) XXXX XXXX XXXX XXXX  ( Original Creditor : XXXXXXXX XXXX XXXX  ) XXXX XXXX  ( Original Creditor : XXXX XXXX XXXX ) XXXX XXXX ( Original Creditor : XXXX XXXX XXXX XXXX  ) XXXX ( Original XXXX : ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Please provide me with : Your legal staff will agree that compliance with this request is required under the state laws and the Federal Statutes.

In addition to the questionnaire below, please attach copies of : - Agreement with your client that grants you the authority to collect on this alleged debt, or proof of acquisition by purchase or assignment.

- Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.

- Proof that you are licensed to collect in my state.

- Your license numbers and Registered Agent or Agent of Service.

- The identity, name, and address of the original creditor.

-copy of the debt purchase aggrement with creditor with terms and conditions attached Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities.

At this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus ( XXXX, Equifax or XXXX ) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate to bring legal action against you for the following : 1. Violation of the Fair Credit Reporting Act, ,2. Violation of the Fair Debt Collection Practices Act and 3. Defamation of Character If your offices can provide proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying and account as accurate, when in fact there is no provided proof that it is accurate.

I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

If your company fails to respond to this validation request within 30 days from the date of your 1 of 2 receipt, all references to this account must be deleted and completely removed from my credit report and a copy of such deletion ( to any/all of the 3 major credit reporting bureaus : Equifax, XXXX and XXXX  ) request shall be sent to me immediately.

It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose.

To Whom It May Concern : I am concerned about the validity and accuracy of your recent investigation of the accounts that are reporting on my credit report. About 30 days ago I requested an investigation because I felt the item ( s ) below were not being reported legally.

A couple of days ago I received a letter stating that your investigation was complete and the items listed above were Verified.

This letter is my formation request for you to explain to me how you conducted your investigation and for you to provide me your method of verification.

Your response should to me should include the following at a minimum.

Please explain to me what your representatives uncovered to lead them to believe that you are reporting this item as it legally should be reported?

What certified documents were reviewed to conclude your investigation?

Please provide a complete copy of all of the information that was transmitted to the data furnisher as part of the investigation.

What did it cost your company to obtain the documents needed to complete your investigation?

Please provide proof of your timely procurement of certified documents.

Did you speak directly to any agent of the company that was reporting the information to confirm the accuracy of what you are reporting?

If yes to above : Who did you speak to?

On what date?

How long was the conversation?

What was their position?

What telephone number did you call?

What is the name of the employee of your company that spoke directly to the above party?

What is the position of the employee of your company that spoke directly to the above party?

How long has that employee been employed by your company?

What formal training was provided to this employee to investigate items of this kind?

Was there any e-mail or written communication between members of your company and the above party?

Provide copies of all correspondence ; supply copies of any and all conclusive documentation to prove that you have in fact conducted a reasonable investigation of the account in question.

Provide the date of the commencement of delinquency.

Provide the SPECIFIC date reporting that these items will cease.

Enclosed with your response to the above questions I respectfully request a notarized affidavit confirming the information that is provided is true and correct as per my civil rights granted under several federal laws. This information should not come as a form letter response.

My initial dispute was detailed and directly related to the account in question. A template response will not be an acceptable response. If you can not supply ALL of the above information in a timely manner as detailed in several laws, including but not limited to the Fair Credit Reporting Act, I must immediately demand the permanent removal of this item from my credit report.

This erroneous entry is detrimental to my overall credit rating and has caused me severe financial and emotional distress. If you choose not to provide the above-requested deletion or requested/required documentation of your investigation, I will pursue the enforcement of my constitutional rights via federal court proceedings. As you are well aware this information will come out through my formal discovery process and necessary depositions. I have recently studied constitutional consumer protection laws along with civil/federal court procedures. I will represent myself pro-se and will formally request a jury trial.

Here is a list of accounts that you claimed were verified FALSE LATE PAYMENT REPORTING THESE FOLLOWING ACCOUNTS WHERE NEVER LATE [ PPNL ] [ PAID NEVER LATE ] AND SHOULD BE UPDATED AS PAID AS AGRRED. 

XXXX [ LATE PAYMENT DATE XX/XX/XXXX ] XXXX XXXX XXXXXXXX [ LATE PAYMENT DATE XX/XX/XXXX ] XXXX XXXX [ LATE PAYMENT XX/XX/XXXX DAY XXXX, XXXX, XXXX, XXXX, XX/XX/XXXX ] XXXX XXXX XXXX [ LATE PAYMENT DATES FED XXXX, XX/XX/XXXX ] XXXX [ LATE PAYMENT DATE XX/XX/XXXX ] XXXX  XXXX [ LATE PAYMENT DATES XXXX XXXX, XXXX, XX/XX/XXXX, XXXX ] Inaccurate late payments like this are preventing me from obtaining credit that I'm trying to apply for because it's lowering my credit score big time. I've already been in talks with some experts who have informed me that there are laws to ensure that inaccurate credit information can't be reported. 

I have fully investigated my rights and found that the Fair Credit Reporting Act does not allow you to victimize innocent, credit worthy individuals by reporting erroneous and inaccurate information. Under the Fair Credit Reporting Act, the following applies to me : FCRA 623 ( a ) ( 8 ) Ability of Consumer to Dispute Information Directly with Furnisher ( A ) In general. The Federal banking agencies, the National Credit Union Administration, and the Commission shall jointly prescribe regulations that shall identify the circumstances under which a furnisher shall be required to re-investigate a dispute concerning the accuracy of information contained in a consumer report on the consumer, based on a direct request of a consumer.

( B ) Considerations. In prescribing regulations under subparagraph ( A ), the agencies shall weigh : ( i ) the benefits to consumers with the costs on furnishers and the credit reporting system ; ( ii ) the impact on the overall accuracy and integrity of consumer reports of any such requirements ; ( iii ) whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute ; and ( iv ) the potential impact on the credit reporting process if credit repair organizations, as defined in section 403 ( 3 ), including entities that would be a credit repair organization, but for section 403 ( 3 ) ( B ) ( i ), are able to circumvent the prohibition in subparagraph ( G ).

( C ) Applicability. Subparagraphs ( D ) through ( G ) shall apply in any circumstance identified under the regulations promulgated under subparagraph ( A ).

( D ) Submitting a notice of dispute- A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to such person at the address specified by the person for such notices that : ( i ) identifies the specific information that is being disputed ; ( ii ) explains the basis for the dispute; and ( iii ) includes all supporting documentation required by the furnisher to substantiate the basis of the dispute.

( E ) Duty of person after receiving notice of dispute. After receiving a notice of dispute from a consumer pursuant to subparagraph ( D ), the person that provided the information in dispute to a consumer reporting agency shall : ( i ) conduct an investigation with respect to the disputed information ; ( ii ) review all relevant information provided by the consumer with the notice ; ( iii ) complete such person 's investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 611 ( a ) ( 1 ) within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and ( iv ) if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate.

( F ) Frivolous or Irrelevant Dispute ( i ) In general. This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, including -- ( I ) by reason of the failure of a consumer to provide sufficient information to investigate the disputed information; or ( II ) the submission by a consumer of a dispute that is substantially the same as a dispute previously submitted by or for the consumer, either directly to the person or through a consumer reporting agency under subsection ( b ), with respect to which the person has already performed the person 's duties under this paragraph or subsection ( b ), as applicable.

( ii ) Notice of determination. Upon making any determination under clause ( i ) that a dispute is frivolous or irrelevant, the person shall noti