Consumer complaint received 2017-05-01
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: EQUIFAX, INC. (FL)

TO : Equifax Credit Reports By Delivery via  US  Mail Only : Equifa x Cre  dit Information Services , Inc. ,  XXXX   XXXX   XXXX ,  XXXX , GA  XXXX  by Phone :  XXXX  -  XXXX  -  XXXX  -  XXXX   XXXX  Credit Reports By Delivery via  US  Mail Only :   XXXX   XXXX   XXXX   XXXX      XXXX   XXXX   XXXX   XXXX  , TX  XXXX   XXXX   XXXX .  XXXX   XXXX   XXXX , PA  XXXX   XXXX   XXXX   XXXX .   ALLEGED ACCOUNT #  XXXX   XXXX   XXXX  Alleged Account #  XXXX  ALLEGED ACCOUNT #  XXXX   XXXX   XXXX  Alleged Account #  XXXX   XXXX   XXXX   XXXX   XXXX  Incorrect information on credit report Equifax  XX/XX/XXXX  Open Sent to company  XXXX   XXXX   XXXX   XXXX  Other ( i.e. phone, health club, etc. ) Disclosure verification of debt   XXXX    XXXX   XXXX   XX/XX/XXXX  Open Submitted to the CFPB CC :  XXXX   XXXX , Florida State Attorney General ( with enclosure ) Federal Trade commission ( with enclosure ) News  XXXX   XXXX  ( with enclosure ) Consumer Protection  Financial Bureau : To Whom It May  Concern : Equifax,   XXXX    And  XXXX  Refuse To Allow Me To Purchase Home. These Companies Are Denying Me This Right By Refusing To Remove Outdated And Inaccurate Information On My Credit Report. Currently Equifax,  XXXX  Are Being Fined   XXXX     XXXX  For Misrepresenting Credit Products After thoroughly researching this matter, it is obvious to me that I do not owe what you firm claim I owe. In fact, I emphatically dispute this alleged debt. As I am aware of my right under the Fair Debt Collection Act ( hereinafter FDCPA ) as well as Florida law on the subject of debt collection, not only do I dispute the validity of this debt, but by copy this letter to the Florida State Attorney General. I hereby request that its good office verify the statute of limitations for enforcing this type of debt through the courts of the  State  of Florida, in fact expired. Should you decide to pursue this matter in a court of competent jurisdiction within the State of Florida or otherwise. I fully intend to inform such court of my dispute as well as presumed finding by the State of Florida Attorney General that its statute of limitation has indeed, expired. According to the information given to us by your firm, the date of last activity by the original creditor wa s  XXXX . Th e  State  of Limitations on this alleged debt, even should it be ours, is  Federal  statute allows for a creditor to sue up to 7 years after the last payment was made. However, Florida law reduces that time to 5 years for a written contract or promissory note and 4 years for an oral contract or open-ended contract/note ssince the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt.     I am sure you are aware of the provisions in the Fair Debt Collection Practices Act  ( FDCPA ).  However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus. The exact statute : Please let this serve as formal notification that I consider this matter permanently and forever closed and I hereby demand that your firm or any of its affiliates immediate cease and desist from any further contact with me regarding this matter except that I demand from your firm confirm with me, in writing, that your debt collection in reference in the above matter have been immediately terminated or that you or the creditor are taking specific actions permitted by the FDCPA or pursuant to Florida State law. Please be advised that I will consider any further contact of any kind from your firm or its affiliates ( except as to the above mentioned confirmation by your firm that the referenced matter is close d ) t o be in direct violation of the FDCPA, and that any such further contact from your firm or its affiliates will also be considered a violation of the laws of the State of Florida pursuant to debt collection. As such, please be further advised that any future communication ( whether written, oral, electronic or otherwise ) by your firm or its affiliates will in fact be reported toe State of Florida Attorney General and the Federal Trade Commission. As I am sure you are aware, violation of the FDCPA  may  result in among other things your firm being fined up to {$1000.00} per incident.     After thoroughly researching this matter, it is obvious to me that I do not owe what you firm claim I owe. In fact, I emphatically dispute this alleged " debt ''. As I am aware of my right under the Fair Debt Collection Act ( hereinafter " FDCPA '' ) as well as Florida law on the subject of debt collection, not only do I dispute the validity of this debt, but by copy this letter to the Florida State Attorney General. I hereby request that its good office verify the statute of limitations for enforcing this type of debt through the courts of the  State  of Florida, in fact expired. Should you decide to pursue this matter in a court of competent jurisdiction within the State of Florida or otherwise. I fully intend to inform such court of my dispute as well as presumed finding by the State of Florida Attorney General that its statute of limitation has indeed, expired. According to the information given to us by your firm, the date of last activity by the original creditor was  XXXX . The State of Limitations on this alleged debt, even should it be ours, is Federal statute allows for a creditor to sue up to 7 years after the last payment was made. However, Florida law reduces that time to 5 years for a written contract or promissory note and 4 years for an oral contract or open-ended contract/note since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt.     Please be guided accordingly, Florida Statutes  95.11Limitations  other than for the recovery of real property.Actions other than for recovery of real property shall be commenced as follows  [ 15 USC 1692e ] ( 2  ) The false representation of -- ( A ) The legal status of the alleged debt And ( B ) Any services rendered or compensation, which may be lawfully received by any debt collector for the collection of a debt.   I am also doubtful that you would have adequate documentation to prove in court that you have the right to report this negative information on my credit report, and therefore you are in violation of the Fair Credit Reporting Act as well as the FDCPA. However, I will give you the chance to prove that you are lawfully entitled to report this information by requesting an investigation.   Under the FDCPA, I am also invoking my right to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activities.   Please remove this account immediately from my credit report or I will have to take legal remedies, which may include lawsuits, and notifying our state attorney general is office. In addition, I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a {$1000.00} fine, payable to me.   Sincerely, SECTION  11 L imitations other than for the recovery of real property.    95.11Limitations ot her than for the recovery of real property.Actions other than for recovery of real property shall be commenced as follows :  ( 1 )  WITHIN TWENTY YEARS.an action on a judgment or decree of a court of record in this state.   (  2 ) WITHIN FIVE  YEARS.   ( a ) An action on a judgment or decree of any court, not of record, of this state or any court of the United States, any other state or territory in the United States, or a foreign country.    (  b ) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of ss . 255.05 ( 10 ) and 713.23 ( 1 ) ( e ).     ( c ) An actio n to foreclose a mortgage.   ( d ) An action alleging a willful violation of s.  448.110.     ( 3 ) WITHIN FOUR YE ARS.   ( a ) An action founded on negligence.    ( b ) An  action relating to the determination of paternity, with the time running from the date the child reaches the age of majority.    ( c ) An acti on founded on the design, planning, or construction of an improvement to real property, with the time running from the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered  architect,   or licensed  contractor and his  or her employer, whichever date is latest ; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence. In any event, the action must be commenced within 10 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest.   ( d ) An action to recover public money or property held by a public officer or employee, or former public officer or employee, and obtained during, or because of, his or her public office or employment.    (   e ) An ac tion for injury to a person founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property, including fixtures.   ( f ) An action founded on a statutory liability.    ( G ) An ac tion for trespass on real property.    ( H ) An  action for taking, detaining, or injuring personal property.    ( I ) a n action to recover specific personal property.   ( j ) A legal or equitable action founded on fraud.    ( k  ) A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts.    ( L ) An  action to rescind a contract.    ( m ) An  action for money paid to any governmental authority by mistake or inadvertence.    ( n ) An  action for a statutory penalty or forfeiture.    ( o ) An  action for assault, battery, false arrest, malicious prosecution, malicious interference, false imprisonment, or any other intentional tort, except as provided in subsections  ( 4 ), ( 5 ) , and (  7 ).    ( p  )  Any action not specifically provided for in these statutes.   ( q ) An action alleging a violation, other than a willful violation, of s.  448.110.     ( 4  ) WITHIN  TWO  YEARS.   ( a ) An action for professional malpractice, other than medical malpractice, whether founded on contract or tort ; provided that the period of limitations shall run from the time the cause of action is discovered or should have been discovered with the exercise of due diligence. However, the limitation of actions herein for professional malpractice shall be limited to persons in privity with the professional.    ( b ) An  action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence ; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this  4-year p eriod shall not bar an action brought on behalf of a minor on or before the childs   XXXX    birthday. An action for medical malpractice is defined as a claim in tort or in contract for damages because of the  death, inju ry, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that t his 7-year  period shall not bar an action brought on behalf of a minor on or before the child s  XXXX  birthd ay. This paragraph shall not apply to actions for which s s. 766.301-766.316 pr ovide the exclusive remedy.    ( c ) An a ction to recover wages, overtime, damages, or penalties concerning payment of wages and overtime.    ( D ) An a ction for wrongful death.    ( e ) An ac tion founded upon a violation of any provision of chapter  517,  with the period running from the time the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence, but not more than 5 years from the date such violation occurred.   ( f ) An action for personal injury caused by contact with or exposure to phenoxy herbicides while serving either as a civilian or as a member of th e Armed Forces of the  United States during the period    XX/XX/XXXX   , through   XX/XX/XXXX   ; the period of limitations shall run from the time the cause of action is discovered or should have been discovered with the exercise of due diligence.    ( G   ) An  action for libel or slander.    ( 5 ) WITHIN ONE  YEAR.   ( a ) An action for specific performance of a contract.    ( B ) An  action to enforce an equitable lien arising from the furnishing of labor, services, or material for the improvement of real property.    ( c ) An  action to enforce rights under the  Uniform Commercial CodeLetters o f  Credit, chapter 675.    ( d ) An action against any guaranty association and its insured, with the period running from the date of the deadline for filing claims in the order of liquidation.    ( e )  An action to enforce any claim against a payment bond on which the principal is a contractor, subcontractor, or sub-subcontractor as defined in s.  713.01, for pr ivate work as well as public work, from the last furnishing of labor, services, or materials or from the last furnishing of labor, services, or materials by the  contractor if the contractor is the p rincipal on a bond on the same construction project, whichever is later.   ( f ) Except for actions described in subsection (  8 ),  a petition for extraordinary writ, other than a petition challenging a criminal conviction, filed by or on behalf of a prisoner as defined in s.  57.085.    ( g ) Except for actions described in subsection ( 8 ), an action brought by or on behalf of a prisoner, as defined in s.  57.085,   relating to the conditions of the prisoners confinement.    ( 6 )  LACHES.Laches shall bar any action unless it is commenced within the time provided for legal actions concerning the same subject matter regardless of lack of knowledge by the person sought to be held liable that the person alleging liability would assert his or her rights and whether the person sought to be held liable is injured or prejudiced by the delay. This subsection shall not affect application of laches at an earlier time in accordance with law.    ( 7 ) F OR INTENTIONAL TORTS BASED ON  ABUSE.An a ction founded on alleged abuse, as defined in  s. 39.01, s. 415.102, or s. 984.03, or incest, as defined in s. 826.04, may  be commenced at any time within 7 years after the age of majority, or within 4 years after the injured person leaves the dependency of the abuser, or within 4 years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the abuse, whichever occurs later.    ( 8  ) WITHIN 30 DAYS FOR ACTIONS CHALLENGING CORRECTIONAL DISCIPLINARY PROCEEDINGS.Any court action challenging prisoner disciplinary proceedings conducted by the Departmen t of Corrections  pursuant t o s. 944.28 ( 2 )  must be commenced within 30 days after final disposition of the prisoner disciplinary proceedings through the administrative grievance process under chapter  XXXX , Florida Administrative Code. Any action challenging prisoner disciplinary proceedings shall be barred by the court unless it is commenced within the time period provided by this section.    ( 9  )  XXXX   XXXX  OFFENSES ON VICTIMS UNDER AGE   XXXX .An  action related to an act constituting a violation o f s. 794.011  involving a victim who was under the age of  XXXX  at the time of the act  may  be commenced at any time. This subsection applies to any such action other than  one  which would have been time barred on or before    XX/XX/XXXX .      1 ( 10 )  FOR INTENTIONAL TORTS RESULTING IN  DEATH   FROM ACTS DESCRIBED IN  S.   782.04 OR S. 782.07.Notwithstanding paragraph ( 4 ) ( d ), an action for wrongful death seeking d amages authorized und er s. 768.21 br ought against a natural person for an intentional tort resulting in  death   from acts described in  s. 782.04 or s. 782.07 may b e commenced at any time. This subsection shall not be construed to require an arrest, the filing of formal criminal charges, or a conviction for a violation of s . 782.04 or s. 782.07 a s a condition for filing a civil action.     History.s . 10, ch. 1869, 1872 ; s. 1, ch. 3900, 1889 ; RS 1294 ; GS 1725 ; s. 10, ch. 7838, 1919 ; RGS 2939 ; CGL 4663 ; s. 1, ch. 21892, 1943 ; s. 7, ch. 24337, 1947 ; s. 24, ch. 57-1 ; s. 1, ch. 59-188 ; s. 1, ch. 67-284 ; s. 1, ch. 71-254 ; s. 30, ch. 73-333 ; s. 7, ch. 74-382 ; s. 7, ch. 75-9 ; s. 1, ch. 77-174 ; s. 11, ch. 78-435 ; s. 1, ch. 80-322 ; s. 34, ch. 83-38 ; s. 1, ch. 84-13 ; s. 1, ch. 85-63 ; s. 139, ch. 86-220 ; s. 1, ch. 86-231 ; s. 1, ch. 86-272 ; s. 1, ch. 88-397 ; s. 20, ch. 90-109 ; s. 1, ch. 92-102 ; s. 520, ch. 95-147 ; s. 2, ch. 95-283 ; s. 4, ch. 96-106 ; s. 1, ch. 96-167 ; s. 15, ch. 98-280 ; s. 2, ch. 99-5 ; s. 12, ch. 99-137 ; s. 2, ch. 2001-211 ; s. 15, ch. 2005-230 ; s. 1, ch. 2005-353 ; s. 1, ch. 2006-145 ; s. 2, ch. 2010-45 ; s. 1, ch. 2010-54.     1Note.Section 3, ch. 2010-45, provides that [ t ] he amendment to section 95.11, Florida Statutes, by this ac t applies to any claim that is not otherwise time barred on the effective date of this act.