Consumer complaint received 2024-10-16
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: EQUIFAX, INC. (NY)

I, XXXX XXXX, confirm that I am a living individual. I am writing to address a serious issue regarding my credit report. Upon review, I have found several discrepancies that require immediate attention. Specifically, there are accounts listed on my credit report that do not belong to me, and their inclusion is both inaccurate and a violation of my rights as a consumer. Below, I will detail the specific issues I have identified and the laws that support my claim : **15 U.S Code 1681a ( 4 ) - Consumer Right to Privacy : ** The presence of fraudulent accounts on my credit report constitutes an intrusion into my privacy rights. I firmly believe that I have the sole authority to determine what information is private and should be shared on my credit report. 

**FDCPA 807 - Misleading False Reporting : ** The information being reported falsely suggests that I have applied for numerous inquiries and accounts, which is simply not the case. This misleading representation can have detrimental effects on my financial standing and is a violation of the Fair Credit Reporting Act ( FCRA ). 

**15 USC 1681n - Civil Liability for Willful Noncompliance : ** Your agency 's failure to verify the accuracy of credit information before reporting it may result in civil liability. It is imperative that accurate and verified information is reported to ensure fairness and transparency in the credit reporting process.

**18 U.S. Code 1028A - Aggravated Identity Theft : ** Sharing my personal information with creditors without obtaining my consent may constitute aggravated identity theft, a serious criminal offense punishable by law.

**15 U.S. Code 6802 ( b ) 1 ( ) ( a ) ( A ) ( B ) ( C ) - Obligations with Respect to Disclosures of Personal Information : ** Your agency 's failure to disclose my right to opt out of information sharing is concerning and deceptive. As a consumer, I should have the option to exercise my right to privacy and confidentiality regarding my personal information.

**FDCPA 8012 - Furnishing Deceptive Forms : ** Reporting unvalidated debts without proper verification is misleading and deceptive. It is essential that accurate and verified information is reported to avoid any misrepresentation of my financial status.

**15 U.S. Code 1692f - Unfair Practices : ** Reporting unvalidated debts as if they were accurate constitutes an unfair practice. It is essential that all reported information is verified and validated to ensure fairness and accuracy.

**15 U.S. Code 1602 - Definitions and Rules of Construction : ** As the original creditor, I did not grant authorization for the deferral of payments. Your agency 's reporting of inaccurate information violates my rights and undermines the integrity of the credit reporting process.

**FDCPA 806 - Harassment and Abuse : ** Your agency 's actions have caused me undue distress and inconvenience. Despite my efforts to rectify the situation, inaccurate information continues to be reported without my consent, leading to ongoing harassment from creditors.

**Section 1581a ( 3 ) - Identity Theft : ** The illegal acquisition of my personal information and its unauthorized use by creditors constitutes identity theft, a serious offense that must be addressed.

**15 U.S. Code 1692b ( 2 ) - Acquisition of Location Information : ** Reporting debts without my consent is a clear violation of my rights and further compounds the inaccuracies present in my credit report.

**15 U.S. Code 1666b - Timing of Payments : ** Reporting " late payments '' without a clear definition is both inaccurate and deceptive. It is crucial that accurate information is reported to ensure fairness and transparency in the credit reporting process.

**15 U.S. Code 1605 - Determination of Finance Charge : ** Inclusion of inaccurate finance charges further exacerbates the inaccuracies present in my credit report and must be rectified immediately.

**15 U.S. Code 1692d ( 1 ) - Harassment and Abuse : ** Reporting unvalidated debts negatively impacts my reputation and constitutes harassment and abuse. It is imperative that all reported information is accurate and verified to avoid any misrepresentation of my financial status.

**15 U.S. Code 1692j - Furnishing Certain Deceptive Forms : ** Any contracts signed without my authorization constitute a violation of this statute and must be addressed accordingly.

**15 USC 1692h - Multiple Debts : ** Any payments made on unvalidated debts must be returned to me promptly, as per this statute.

**15 U.S. Code 1692g - Validation of Debts : ** Only I can validate debts, and your agency 's failure to remove unvalidated accounts is a violation of my rights as a consumer.

**15 U.S. Code 1681b - Permissible Purposes of Consumer Reports : ** Reporting information without obtaining written consent violates this statute and undermines the integrity of the credit reporting process.

**15 USC 1681i Procedure in case of disputed accuracy : ** Under this law, when a consumer notifies a furnisher that they believe there is inaccurate information on their credit report, the furnisher is required to conduct a reasonable investigation into the dispute. This investigation typically involves reviewing the relevant information provided by the consumer, as well as any supporting documentation, and then either verifying, correcting, or deleting the disputed information as necessary. 

The furnisher must complete the investigation within a reasonable timeframe, generally within 30 days, although extensions may be granted under certain circumstances. Once the investigation is complete, the furnisher must report the results back to the consumer and, if applicable, update the information with the CRAs.

Failure to comply with the requirements of **15 U.S. Code 1681i** can result in penalties for the furnisher, including fines and potential legal action by the consumer. 

Overall, this law ensures that consumers have the right to challenge and correct inaccurate information on their credit reports, helping to maintain the integrity and fairness of the credit reporting system. 

I, XXXX XXXX the natural person did not consent to, authorize nor benefit from any of the following inquiries OR accounts. 
These accounts are erroneous and must be blocked and removed from my credit report. I have already submitted reports to the FTC, which are enclosed herewith. My identity was compromised, resulting in the fraudulent creation of inaccurate accounts without my authorization. Additionally, the credit reporting agencies have disseminated this false and misleading information, contravening the Fair Credit Reporting Act ( FCRA ). 

Under 15 U.S. Code 1681c-2, it is mandated that a comprehensive reinvestigation be conducted promptly upon receipt of this letter, with a strict obligation to block or update any information discovered as a result of identity theft within a timeframe of four days. Failure to adhere to this legal requirement constitutes a violation of the law, exposing the credit reporting agency to both criminal and civil liability. The associated fees outlined in the attached invoice will be enforced, with the understanding that any fraudulent accounts reported are a consequence of the Equifax and XXXX XXXX breaches, which are currently under investigation by the Federal Trade Commission ( FTC ) and the Consumer Financial Protection Bureau ( CFPB ). Additionally, in accordance with FCRA 605B, it is imperative that this information be blocked immediately pending the outcome of the ongoing investigation. 

Additionally, under 15 U.S.C. 1681n, the credit reporting agency may be held civilly liable for willful noncompliance. If their failure results in damages to the consumer, compensation of {$1000.00} or the actual damages sustainedwhichever is greatermay be awarded. Payment is to be accepted via check, with a request that compensation be provided within 24 hours of receiving this dispute letter.

Moreover, under 15 U.S.C. 1681g, the consumer possesses the unequivocal right to demand disclosure of all documents recorded and retained by the credit reporting agency pertaining to the accounts reported on the credit report.

Lastly, 15 USC 1681b specifies the permissible purpose of consumer reports, emphasizing that consumer reporting agencies may only furnish a consumer report under specific circumstances, primarily upon receiving written instructions from the consumer directly.

I kindly ask for the immediate removal of any unauthorized accounts from my credit report. If this matter is not resolved swiftly, I may consider taking legal action to address these violations. Furthermore, I request that all relevant documents related to the disputed accounts be provided to me, as mandated by law. 

Thank you for your attention to this matter. I trust that you will take the necessary steps to address these concerns promptly and ensure the accuracy and integrity of my credit report.