Consumer complaint received 2024-06-02
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Public record information inaccurate
Company: EQUIFAX, INC. (MO)

XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, MO XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX CC : XXXX XXXX XXXX XXXX XXXX, PA XXXX Equifax XXXX XXXX XXXX XXXX, GA XXXX RE : Dispute of Bankruptcy Record Inaccuracy DATE : XX/XX/XXXX I am writing to formally dispute the presence of a bankruptcy filing on my consumer report, as maintained by your agency. This letter serves as an official challenge to the accuracy and validity of this information. 
I understand that bankruptcy court records are public ; however, they do not directly communicate with credit reporting agencies nor do they authorize the release of such information without the explicit consent of the individual concerned. Therefore, the inclusion of this alleged bankruptcy on my consumer report raises serious concerns regarding privacy violations and the legality of your reporting practices. 
Inaccurate Information/Invasion of Privacy : Your agency 's report of this alleged bankruptcy constitutes an invasion of my privacy. According to The Privacy Act, the disclosure of records about an individual from a system of records without the individual 's written consent is prohibited. In adherence to XXXX XXXX XXXX ( a ) ( XXXX ), it is imperative that consumer reporting agencies exercise their significant responsibilities with fairness, impartiality, and respect for the consumer 's right to privacy. I have not authorized any party to report such information to XXXX or any other credit reporting agency. 
Violation of Permissible Purpose 15 USC 1681b : Your actions also violate the permissible purpose clause as outlined in 15 USC 1681b, which restricts the furnishing and reporting of consumer information to specific, authorized circumstances. According to 15 USC 1681 ( a ) ( 2 ), a consumer reporting agency may furnish a consumer report only under circumstances explicitly authorized by the consumer it concerns. I, XXXX XXXX, have never provided XXXX with written consent to report any such information on my consumer report. 
Data Furnisher : An entity that reports consumer information to consumer reporting agencies ( CRAs ), which can include credit bureaus, tenant screening companies, check verification services, and medical information services. 

Responsibilities of a Furnisher : Furnishers are required to report accurate data about consumers, such as credit history, previous tenancies, or debt details, in compliance with the FCRA. 
Examples of data furnishers include banks, credit unions, mortgage lenders, credit card issuers, collection agencies, and auto finance lendersentities that legitimately report to CRAs. 

Under 15 U.S. Code 1681s-2, furnishers have a duty to provide notice of any dispute. If the accuracy of the furnished information is contested, the furnisher must communicate that the information is disputed. I have disputed this inaccurate reporting multiple times, but since the bankruptcy court does not report to CRAs, they have never reached out to me. This further demonstrates the false nature of the information on my credit report.

Additionally, under 15 U.S. Code 1681i ( 2 ) ( A ), credit reporting agencies are required to notify the furnisher of any dispute within five business days. Given that the bankruptcy court does not act as a furnisher, it is impossible for them to receive such notifications or to indicate the disputed status on my credit report. 

The misrepresentation of the bankruptcy court as a furnisher is fraudulent. I demand the immediate removal of this inaccurate item from my credit report. Failure to address this issue promptly will result in legal action for forgery and fraud. 

I demand the immediate removal of this inaccurate bankruptcy filing from my consumer reports. My right to privacy, as protected under 15 USC 1681 ( a ) ( 4 ), must be respected and upheld. Failure to rectify this error and comply with my request will compel me to seek legal recourse, including potential claims for monetary damages. 
Thank you for your prompt attention to this matter. I expect a timely response confirming the correction of my consumer report. 
Sincerely, XXXX XXXX