Consumer complaint received 2024-04-03
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: EQUIFAX, INC. (NY)

My name is XXXX and I want to formally make a complaint against the egregious actions of EQUIFAX I have previously respectfully submitted disputes with your company and requested information that I am entitled by law. It has become evident that your company wants to continue to report negatively and furnish inaccurate information on my credit report. 
I demand compliance regarding the disputes submitted. I found that the information you are providing on some items contains not only invalid and incomplete information, but both inaccurate and incorrect information as well. 
This information is damaging to me since it is affecting the interest rates that I am able to get and limits my credit capacity. This has left me in a depressed state which is unfair to me. 
I am distressed that you failed to maintain reasonable procedures to assure the maximum possible validity completeness, accurateness and correctness in the credit reports that you provide to creditors. Once again your company is reporting invalid and incomplete account information as well as both inaccurate and incorrect account information. 
After consultation I found that there are Federal Laws to ensure credit reporting bureaus such as yours may only report 100 % valid, complete, accurate and correct information on my credit report to potential creditors. 
I demand that your company needs to verify at a higher standard than a computer generated inquiry or third-party database and search obtaining either verbal or hand written directly from a person at that source. 
Please also notify the subscribers who reported these items within 5 days after receiving these disputes, and verify with that person my full name, address, date of birth, social security number, account number, status, date of last activity, balance, high balance, and amount as applicable. 
If these disputed items are found to be invalid, incomplete, inaccurate or incorrect, then the entire items must be deleted from my credit report within 30 days. If the validity, completeness, accuracy and correctness can not be verified, you are obligated by law not to change or update the information, but to delete the item permanently from my credit report. 
All you have been doing is updating inaccurate information. Please know that if your response to my request contains any remark such as changed, updated or new information below rather than deleted you are in violation of Federal Law, I will be forced to take further action against you as the Federal Law clearly states that the item must be deleted.

When you finish your investigation Pursuant to 15 U.S.C. section 1681 ( i ) ( 7 ) whereby a consumer reporting agency shall provide to a consumer the requested detailed description referred to in paragraph and section ( 6 ) ( B ) ( iii ) by not later than 15 days after receiving a request from a consumer for that description, of the method of verification used and the name of the person at the source you contacted, the furnishers business name, address, phone number and date this verification has transacted. 
If you can not provide a detailed description of the method of verification and the contact information of the furnisher then you are in violation of procedure and must delete the item. 
If you continue to ignore this request or provide an insufficient or incomplete response I will have no other choice but to contact my State Congressional Representative, who will forward this matter promptly to the State Attorney General and Federal Trade Commission for urgent attention and please know that this correspondence will be uploaded and faxed to your company. 
In the event that you continue to list the disputed items on my credit report I will find it necessary to file suit against your company for actual damages and punitive damages under the Fair Credit Reporting Act. Due to the fact that the Fair Credit Reporting Act provides concurrent jurisdiction in federal and state courts, I shall elect to use my XXXX XXXX and state as jurisdiction to bring appropriate action against your company. 
While I would prefer not to litigate and amicably resolve this matter if need be I will use the courts as needed to enforce my rights under the Fair Credit Reporting Act. 
In XX/XX/XXXX I received a letter that my personal information was compromised by a data breach by way of XXXX. 
In XX/XX/XXXX upon my review of my credit report I observed numerous inaccuracies, alleged personal information and alleged debt that I was unaware as well as inquires I never made. 
Ive attempted to amicably resolve the continued violation of the Fair Credit Reporting Act regarding the refusal to delete the INACCURATE, UNVERIFIABLE and INVALIDATED information from my consumer file. I am requesting a re-investigation providing a description of the procedure utilized to verify along with detailed information. 
Under the provisions of the XXXX Federal Fair Credit Reporting Act, I have requested that the company prove to me in writing the accuracy of the reporting for disputed information. Under the terms of the Act and succeeding court cases your company had XXXX days to prove to me the accuracy or these items must be removed. 
Instead the your company has replied and stated accounts were verified or updated while illegally allowing the accounts to falsely manipulate the statue of limitations. Since then some accounts have repeatedly been updated as charged off every month or reporting late. It clearly wasnt investigated for accuracy to abide by the Federal Credit Reporting Act laws. Your company has failed to investigate accounts properly and your negligence has violated my rights.

According to the Fair Credit Reporting Act Section 609 ( a ) ( 1 ) ( A ) you are required by Federal Law to verify through the physical verification of the original signed consumer contract any and all accounts. This information continues to remain on my credit report in violation of Federal Law. The company is required under the Federal Credit Reporting Act to have a copy of the original creditors documentation on file to verify that this information is true and accurate. In addition in my request for re investigation I requested a description of the procedure utilized to verify and validate the accounts with physical evidence. The company has failed to do so. They have NOT provided me a copy of ANY original documentation or a consumer contract with my signature on it and it is required under Section 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 1 ) ( A ). Furthermore the company has failed to provide the method of verification as required under Section 611 ( a ) ( 7 ). Under Section 611 ( 5 ) ( A ) of the Federal Credit Reporting Act your company is required to promptly DELETE all information which can not be verified.

This company is not abiding by the guidelines set forth in accordance with Section 609a ( 1 ) of my initial request for the re-investigation.

Based on my communication with this company it has been made evident that it appears that to your company feels that the company is free from abiding by the federal laws that govern. To ignore my request and expect me to accept the response given on what they want to give me instead of what the law says Im entitled to by the Federal government is very bold to say the least This company has violated the United States Code Law 15 U.S Code 1681 a ( 4 ) Consumer Right to privacy. This company is reporting inaccurate information which is an infringement of my privacy. Congress states that I have the right to decide what I deem private. This company is reporting this unverified and inaccurate information on my credit report. This company is in violation of Fair Debt Collection Practices Act ( FDCPA ) 807 misleading and false reporting. 
THE INFORMATION THIS COMPANY IS REPORTING WOULD LEAD A FUTURE CREDITOR TO DENY ME FOR CREDIT. 
Reporting false things are very misleading. This company is in violation because I was not witnessed signing for any accounts, so this company cant actually verify it as accurate but yet your company still reported these things to my credit report which goes against the Federal Credit Reporting Act ( FCRA ) laws for FAIRNESS. 15 USC 1681 n Civil liability for willful noncompliance This company willfully accepted this credit information about me without verifying with any physical documentation that it was in fact myself who applied for this account. 
THIS COMPANY DIDNT DISCLOSE TO ME THAT I HAD THE RIGHT TO OPT OUT OF THIS INFORMATION BEING SHARED. THIS IS VERY DECEPTIVE. 
It was never explained to me that I can exercise a nondisclosure option. My consumer rights have been violated and I have been taken advantage of even after utilizing the proper procedures to ensure my rights were not being violated. 
This company is in violation of Fair Debt Collection Practices Act ( FDCPA ) 8012 by furnishing deceptive forms. 
This company furnished inaccurate accounts as if it were accurate when it was never validated according to Generally Accepted Accounting Principles ( GAAP ). So this company doesnt even know if this account is accurate however this company still took it upon itself to report this inaccurate information on my credit report. In addition this company reported that I owe a debt but nowhere on my credit report do I see a negative balance ( I dont see a negative sign in front of any numbers, only positive ). However this company is telling me I owe a debt but not reporting positive balances to my credit report is very deceptive. 
This company is also in violation of 15 U.S. Code 1692f. Unfair practices. A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. There is no law that says I have to pay a bill. ( 8 ) Using any language or symbol, other than the debt collector s address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.

The collection account on my consumer profile I have no knowledge of whatsoever. I have never received anything by mail, email or telephone. I observed this collection account when reviewing my credit report in XXXX of XXXX. The company never gave me a chance to dispute the debt.

U.S. Code 1602 Definitions and rules of construction ( e ) The term person means a natural person or an organization. ( f ) The term credit means the right granted by a creditor to a debtor to defer payment of debt or to incur debt and defer its payment. Under 15 USC 1681s-2 your agency is in violation because information was furnished relating to me to the consumer that was inaccurate. I informed your company and was clear that information was inaccurate and it is still reported to my credit report. 
15 U.S Code 1681 a ( 4 ) Consumer Right to privacy. This company is reporting very private matters on my credit report. The FCRA says that the consumer has sole say so over matters deemed to be private to them. I happen to find matters about where I applied, or who I owe money to is extremely private. By you sharing this information, I have developed a very bad credit score. I am unable to get credit from lenders This company is liable for all damages that I suffered because of your illegal activities. 
15 .US.Code 1681a- Definitions ; rules of construction 15 U.S.Code 1681s-2 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 15 USC $ 1681a 2 ( A ) ( i ) EXCLUSIONS- Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s-3 of this title, any report containing information solely as to transactions or experiences between the consumer and the person making the report.

FDCPA 806 harassment is abuse and I feel very harassed and abused by this company and its actions. I already contacted the creditor and told them that the accounts were inaccurate, but they still continue to report negatively to my credit report without my consent. Every single time I log in and check my credit report and see these inaccurate items on my credit report I feel depressed very much abused, and less than which makes me feel very very very abused and humiliated. 
Nowhere in the Truth in Lending Act ( TILA ) Fair Credit Reporting Act ( FCRA ) and Fair Debt Collection Practices Act ( FDCPA ) does it define a Late Payment, but yet you are reporting late payments to my credit report. That is very inaccurate and deceptive. Please remember, it is your job to only report accurate Information You are breaking FCRA LAWS. 15 U.S. Code 1605 Determination of finance charge 15 USC 1605 defines a finance charge as the sum of all charges in a consumer credit transaction. 15 USC 1692d ( 1 ) A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of violence or other criminal means to harm the physical person, reputation, or property of any person. This bad debt that is furnished to my credit report is ruining my reputation, and it is defamation of character.

15 U.S. Code 1692 j -Furnishing Certain Deceptive Forms I am the original creditor. I am not participating in this collection of debt, so any contract that they claimed was signed is a violation of 15 USC 1692 j, 15 USC 1692 h Multiple Debts Validation of debts I am the original creditor, I do not validate this debt or accounts linked to it. Your company also tried to trick me into thinking you are the original creditor when in reality, This debt dont exist, and must be removed. 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 : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Under 15 U.S Code 1681b permissible purposes of consumer reports I never gave your company any written consent to report anything on my consumer report. These accounts are inaccurate, please block and remove it.

According to Federal Credit Reporting Act ( FCRA ) 605B this information must be blocked immediately until the investigation is over. 
Also 15 USC 1681n defines Civil liability for willful noncompliance 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 ; I will accept payment in the form of a check mailed to my address on file. Under 15 U.S.C. 1681g I have the right to demand that you disclose to me all the documents that you have recorded and retained in your file at the time of the request concerning the accounts that you are reporting on my credit report.

Under 15 USC 1681b permissible purpose of consumer reports THE LAW CLEARLY STATES ( 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 have put disputes in with other Credit Reporting Agencies and upon the completion of the investigation accounts were deleted but still remain on my credit file with this company.

Therefore, Pursuant to 15 U.S.C section 1681 of the Fair Credit Reporting Act. Upon receipt of this notification The Fair Credit Reporting Act requires you and I am requesting that you verify the accounts listed below. 
I demand that the following accounts be deleted immediately from my credit report XXXX XXXX XXXX This account is reporting inaccurate GAP insurance was paid out. This accounts is reporting inaccurate and false and must be deleted I demand that the late payments be REVERSED and the late status removed. 
XXXX XXXX This collection account to be permanently deleted immediately XXXX XXXX Remove this inquiries from my credit report that were not authorized. 
XXXX. XX/XX/XXXX XXXX XXXX. XX/XX/XXXX XXXX. XX/XX/XXXX XXXX XXXXXXXX. XX/XX/XXXX XXXX  XXXX. XX/XX/XXXX XXXX XXXX. XX/XX/XXXX XXXX XXXX. XX/XX/XXXX XXXX  XXXX. XX/XX/XXXX PLEASE DONT RESPOND TO MY REQUEST BY SAYING THAT THIS ACCOUNT HAS BEEN VERIFIED BY THE INFORMATION PROVIDER. SEND ME COPIES OF THE DOCUMENTS THAT YOU HAVE RETAINED IN YOUR FILES THAT YOUR COMPANY USED TO VERIFY THE ACCURACY OF EVERYTHING DISPUTED AND UNVERIFIED WITH NAMES, TITLES, AND DATES. 
I am looking forward to an uneventful resolution.