Consumer complaint received 2023-05-16
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem — Investigation took more than 30 days
Company: EQUIFAX, INC. (AZ)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX  XXXX SS # : XXXX | Date of Birth : XX/XX/XXXX [ Date ] Equifax Information Services LLC XXXX XXXX XXXX XXXX, XXXX  XXXX RE : Notice of Continued Violation of the Fair Credit Reporting Act ( FCRA ) Dear Equifax Information Services LLC , I am writing to address the ongoing violation of the Fair Credit Reporting Act ( FCRA ) by your organization. Despite my previous attempts to resolve this matter amicably, you have failed to take appropriate action and continue to retain inaccurate, unverifiable, and invalidated information in my consumer file. This letter serves as my final notice before initiating legal action to seek relief and monetary compensation in accordance with the FCRA Sections 1681n, 1681o, and 1692k. If the following items, which remain inaccurate and unverifiable, are not promptly removed, I will have no choice but to pursue litigation. This correspondence, along with previously submitted documentation, will be presented as evidence in the pending litigation and as part of a formal complaint to the Federal Trade Commission, should you choose not to comply with this settlement offer. 

It is evident that you are in direct violation of the FCRA, as you have failed to provide the required original documentation from the original creditors to verify the accuracy of the reported information. Under FCRA Sections 609 ( a ) ( 1 ) ( A ) and 611 ( a ) ( 1 ) ( A ), it is your obligation to furnish a consumer contract with my signature on it to establish the authenticity and validity of the reported accounts. Additionally, you have not provided the method of verification as mandated by FCRA Section 611 ( a ) ( 7 ). It is crucial to note that under FCRA Section 611 ( 5 ) ( A ), you are legally obligated to " promptly delete all information which can not be verified. '' To ensure complete understanding, let me briefly summarize the Fair Credit Reporting Act and its implications. The FCRA is a federal law that governs the collection and reporting of credit information about consumers. It establishes strict guidelines on how credit information is obtained, maintained, and shared among relevant parties, including consumers themselves. Moreover, it grants consumers the right to verify and dispute any inaccurate, incomplete, or unverifiable information present in their credit reports. 

Given the gravity of these violations, I hereby demand the immediate deletion of the following items due to their inaccuracy, unverifiability, and invalidation. Failure to comply with this request will leave me no choice but to proceed with legal action : XXXX XXXX Account Number : XXXX This account has never been paid late, and your reporting is entirely inaccurate. I demand an immediate update to this account and the removal of the inaccurate information. 

XXXX XXXX XXXX Account Number : XXXX This account has never been paid late, and your reporting is entirely inaccurate. I demand an immediate update to this account and the removal of the inaccurate information. 

XXXX Account Number : XX/XX/XXXX The inquiries related to this account have exceeded the statute of limitations and must be removed from my credit report. 

Unauthorized inquiry without consent : XXXX  Date of inquiry : XX/XX/XXXX I insist on the removal of this unauthorized inquiry from my credit report. 

Unauthorized inquiry without consent : XXXX  Date of inquiry : XX/XX/XXXX I insist on the removal of this unauthorized inquiry from my credit report. 

XXXX  XXXX Account Number : XXXX No late payments have been made on this account, and it is paid as agreed. Please rectify and update this inaccurate information on my credit report. 

By disregarding the FCRA 's provisions, you have willfully and knowingly failed to comply with federal law. As such, you are subject to civil liabilities, including actual damages sustained by the consumer, punitive damages determined by the court, and the costs of the action, along with reasonable attorney 's fees, in the case of a successful enforcement action under this section. 

Furthermore, I reiterate my request for the removal of all non-account holding inquiries and the provision of a detailed description of the procedure used to determine the accuracy and completeness of the information, as outlined in FCRA Section 611 ( a ) ( 1 ) ( A ). I explicitly do not consent to e-Oscar or any form of automated verification.

I remind you that you have 30 days to complete the necessary investigations, as stipulated by the Fair Credit Reporting Act Section 611 ( a ) ( 1 ) ( A ). Additionally, I expect you to provide a satisfactory response within this timeframe. Failure to do so may result in legal action being initiated, seeking {$5000.00} per violation for the following : Defamation Negligent Enablement of Identity Fraud Violations of the Fair Credit Reporting Act Financial Injury Please be advised that depending on your response, I may choose to publicly disclose any issues with your company through an online press release, including documentation of the potential small claims action. Furthermore, copies of this complaint will be shared with the organizations listed below to raise awareness and seek their involvement in this matter : CC : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : XXXX XXXX, Assistant Director of Enforcement, Consumer Financial Protection Bureau, 1700 G. Street NW, Washington, D.C. 205 CC : Consumer Financial Protection Bureau CC : Attorney General 's Office CC : XXXX XXXX XXXX XXXX : State Senate CC : Federal Deposit Insurance Corporation CC : Comptroller of the Currency CC : Federal Reserve System CC : Credit and Insurance Regulators CC : Federal Trade Commission CC : State Regulatory Agency CC : California Regulatory Agency, Division of Consumer Complaints I urge you to address this matter promptly and resolve it in compliance with the Fair Credit Reporting Act. This is my final attempt to reach a settlement before proceeding with legal action to enforce my rights under the FCRA. 

Sincerely, XXXX XXXX XXXX