Consumer complaint received 2023-12-27
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information is missing that should be on the report
Company: EQUIFAX, INC. (DE)

Notice of Violations of Fair Credit Reporting Act 15 USC 1681s-2 ( b ), 1681i ( a ) ( 1 ) ( A ), and 1681i ( a ) ( 5 ) ( A ) Final Notice Before Litigation I am writing to you about the inaccurate and unverifiable information contained in my credit reports, specifically regarding the accounts below. According to the Fair Credit Reporting Act ( FCRA ) and associated provisions, I, as a consumer, have taken appropriate steps to rectify this matter. 


On XX/XX/23, XX/XX/23, XX/XX/23, XX/XX/23, XX/XX/23, XX/XX/23, XX/XX/23, XX/XX/23, XX/XX/23, XX/XX/23, XX/XX/23, XX/XX/23, XX/XX/23 I submitted a request for Validation and Verification of a Debt by 15 U.S.C. 1692g ( b ) by sending an AFFIDAVIT : VERIFICATION OF DEBT to your Company. Regrettably, to date, I have not received any rebuttal or validation or verification concerning this debt, as mandated by relevant statutes and judicial precedents such as Spears v. Brennan. Under 15 U.S. Code 1692k ( a ) ( 2 ) ( A ), failure to provide requested validation and verification of the debt incurs civil liability. Moreover, the absence of point-for-point responses or documentation has rendered the aforementioned accounts inaccurate and unverifiable, thus contravening the mandate outlined in 15 U.S. Code 1681e ( b ) regarding the accuracy of consumer reports.

The FCRA imposes an obligation on consumer reporting agencies, such as yourselves, under 15 U.S. Code 1681i ( a ) ( 1 ) ( A ) and 15 U.S. Code 1681i ( a ) ( 5 ) ( A ), to conduct a reasonable reinvestigation upon receipt of a consumer dispute and to promptly delete or modify inaccurate or unverifiable information resulting from such disputes. 
As per my rights under the law, I hereby demand the deletion of the inaccurate and unverifiable information associated with the referenced accounts from my credit reports. Enclosed is a fee schedule delineating the costs associated with potential litigation and arbitration, which shall be pursued if this matter remains unresolved. In the event of litigation and subsequent arbitration, the total cost to your agency, should you lose, would amount to {$14000.00}. This includes arbitration fees and statutory damages for the ten disputed accounts at {$1000.00} per account.

Arbitration Costs : Business filing fee for one arbitrator : {$300.00} Case management fee for one arbitrator : {$1400.00} Arbitrator fee for a hearing ( assuming a hearing is required ) : {$2500.00} Total arbitration costs for one arbitrator with a hearing : {$4200.00} Legal Damages : Total accounts disputed : 10 Statutory damages per account : {$1000.00} Total statutory damages for ten accounts : {$10000.00} Therefore, if the case proceeds to arbitration and they lose, the total cost to the agency would be : Arbitration Costs + Legal Damages = {$4200.00} + {$6000.00} = {$14000.00} This sum represents the potential financial burden in the event of an adverse decision in arbitration, inclusive of arbitration fees and statutory damages for the ten disputed accounts at {$1000.00} per account.

This is the final notice before initiating legal proceedings.

Please be advised that " NOTICE TO AGENT IS NOTICE TO PRINCIPAL ; NOTICE TO PRINCIPAL IS NOTICE TO AGENT. '' I anticipate your prompt attention and resolution to this matter within thirty ( 30 ) days of the receipt of this notice.

Thank you