Consumer complaint received 2024-10-12
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: EQUIFAX, INC. (IL)

After reviewing my credit reports, I noticed that Equifax is reporting the following accounts as negative without furnishing any proof of verification of this debt or evidence that you followed all applicable laws and regulations to report this information. Therefore, you must remove all negative and adverse remarks associated with these accounts. 

The inaccuracies involve the following accounts : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  As you know, it is against the law to report any information that can not be proven accurate. I demand that you provide me with concrete evidence of my obligation to said accounts. 
( If these matters have been properly addressed, please disregard this notice. ) Please be aware that any negative remarks found on my credit report without valid proof violate the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ). If you can not furnish the validity of the remarks, they must be removed.

I am not disputing the ownership of the accounts, but if you are unable to provide full reports on how you validated, verified, and confirmed compliance, you must remove the negative information or the entire account from my credit report.

According to the Fair Credit Reporting Act 15 USC 1681, section 602 ( a ) states, There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. As Equifax is a consumer reporting agency, I, as the consumer, have the right to assert that my private information is not shared, as supported by 15 USC 6801, which states, It is the policy of XXXX that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.

15 USC 1681, section 604 ( a ) ( 2 ) states : In general, subject to subsection ( c ), any consumer reporting agency may furnish a consumer report only in accordance with the written instructions of the consumer to whom it relates. The financial institution and Equifax do not have my consent to furnish this information, nor do they have my written consent. I hereby revoke any and all consent verbal, non-verbal, written, implied, or otherwise that may have been provided.

15 USC 6802 ( b ) ( c ) further states that A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. I was never informed of my right to exercise my nondisclosure option.

Additionally, 15 USC 1681C ( a ) ( 5 ) states : Except as authorized under subsection ( b ), no consumer reporting agency may include in a consumer report any other adverse item of information, other than records of convictions of crimes, which antedates the report by more than seven years. These accounts are adverse items being reported without my permission, which is against the law.

15 U.S. Code 1681s2 ( A ) ( 1 ) ( A ) states that A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Furthermore, 15 U.S. Code 1681e states that Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. Equifax is not maintaining reasonable procedures as required.

Finally, 12 CFR 1016.7 states that A consumer may exercise the right to opt out at any time. I am formally opting out of your reporting services.

Please address these concerns immediately. Failure to comply will result in further legal action to protect my rights under federal law.