Consumer complaint received 2024-02-12
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: EQUIFAX, INC. (TX)

I am writing to formally dispute the following information on my credit report which I believe to be inaccurate, incomplete, or unverifiable, thereby necessitating immediate investigation and removal under the Fair Credit Reporting Act ( FCRA ), specifically referencing 15 U.S. Code 1681s-2 regarding the responsibilities of furnishers of information to consumer reporting agencies. I also believe these falsely reporting items were reported in violation of 15 U.S. Code 1692j, which prohibits " furnishing certain deceptive forms ''. I'd like to bring your attention to the case Wenger v. XXXX XXXX XXXX, No. 95-6445 ( C.D.Cal. Nov. 14,1995 ), where the court held that credit reporting agencies must avoid reporting information in a manner that creates a materially misleading impression. 
According to 15 U.S. Code 1681s-2, you are required to conduct an investigation upon receiving notice of a dispute from a consumer. Should this investigation fail to verify the accuracy, completeness, and verifiability of the contested information, you are mandated by law to promptly delete or correct such information. 
Given the precedent set by this case, I kindly request the removal of these accounts from my credit report or its update to reflect a neutral or positive status. Doing so would ensure that my credit report is a fair and accurate representation of my credit history. 
Below are the refenced accounts that need to be updated to reflect positive and or removed from my credit report. Specifically, the following items on my report are disputedWhoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. Remove false information from my credit as I filed this with FTC for violation.

According to 15 U.S. Code 1692j, it is unlawful to design, compile, and furnish any form knowing that such form would create a false belief in a consumer that a person is a creditor of the consumer or represents a creditor of the consumer, among other prohibited actions. I request this under 15 U.S. Code 1692g - Validation of debts. If information is not provided or the false reporting isnt removed ; as in Wenger v. XXXX XXXX XXXX, No. 95-6445 ( C.D.Cal. Nov. 14,1995 ), you are liable for your willful non-compliance.

Given the above, I believe these entries on my credit report may have resulted from deceptive practices or inaccuracies, and I request a thorough investigation into each of these items. Please validate the legitimacy of each entry and provide me with supporting documentation. If any of the aforementioned items can not be validated or are found to be reported in error or in violation of 15 U.S. Code 1692j, I respectfully request their immediate removal from my credit report. Additionally, please send me written confirmation once these items have been removed or updated. I have met all statutory requirements to win a claim against CRA within federal jurisdiction. The following accounts are furnishing inaccurate information and must be removed from my consumer report under 15 USC 1681e ( b ) accuracy of report. 
I demand you remove the inaccurate information from my consumer report instantly under 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports.

This is my third request, I will also be sending a copy of this letter to the Federal Trade Commission notifying them that I have signed receipts for letters sent to you and you have not complied with my request. I regret that I am being forced to take such action. I further remind you that, White v. XXXX XXXX XXXX, XXXX93 F. Supp. 2d 1154 - Dist. Court, ( CD California 2014 ) ; you may be liable for violating the Fair Credit Reporting Act ( FCRA ) by recklessly failing to follow reasonable procedures to ensure the accurate reporting of debts. You may also be liable for your willful non-compliance. I have requested that you provide proof of the alleged items.

I request to be provided with specifically the original application, contract, note, or another instrument bearing my signature. 
Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. Remove false information from my credit as I filed this with FTC for violation.

Per 15 U.S. Code 1681i ( a ) ( 5 ) ( b ) Requirements relating to reinsertion of previously deleted material ; If any information that has been deleted from a consumers file pursuant to subparagraph ( A ) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than XXXX business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency. 
Thank you for your immediate attention to this matter. I anticipate a swift resolution.