Consumer complaint received 2024-02-09
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Was not notified of investigation status or results
Company: EQUIFAX, INC. (AL)

Please be advised that this is my THIRD WRITTEN REQUEST and FINAL WARNING.

I also fully intend to pursue litigation in accordance with the FCRA to enforce my rights, and to seek relief and recover all potential monetary damages that I may be entitled to under Section 616 and Section 617, regarding your continued willful and negligent non-compliance.

Despite my previous two ( 2 ) formal written requests, the unverified items listed below still remain on my credit report in violation of Federal Law. 

You stated in your responses to my 2 dispute letters that you have verified that the items listed below are accurate but you failed to send me copies of the documents that you used to verify these accounts, as per my request and my legal right.

The simple fact that you have ignored my request to send me copies of the documents that you used to verify the disputed accounts is evidence that you can not, and did not, verify any of the disputed accounts. Your failure to delete the disputed accounts in question, that you can not verify after two written requests, is also evidence of your willful disregard of Federal Law. 

Upon entering litigation, and through the discovery process, you will be required to produce these documents along with an affidavit swearing under oath that these are the true and correct documents that you used to verify the disputed accounts, at the time of my request. 

The fact that you dont have any of the said documents in your files is proof that you did not properly verify the accounts within 30 days as required by law, and the Court will order you to delete them. 

You say that you have reinvestigated, and/or verified these accounts, but in your inability to provide physical proof of the documents, you are and have admitted that all you have done is parroted information given to you by other sources, also known as creditors, and attempted to shift the burden back to me, and ask me to contact the original creditor to verify these accounts. This type of behavior and action is clearly in violation of 1681 ( a ) ( 4 ) of the FCRA. 

In my previous formal request and correspondence, I asked you to give me the name of the person in your company who verified the accuracy of these accounts, but you also ignored this request, which is another violation of Federal Law and evidence of your willful disregard of the law. 

Please be advised that under Section 611 ( 5 ) ( A ) of the FCRA, you are required to promptly DELETE all information which can not be verified. I request that you do this immediately. 

The law is very clear as to the Civil liability and the remedy available to me ( Section 616 & 617 ), if you fail to comply with this Federal Law. 

I will repeat myself, and state that I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. 

I demand that you delete all of the accounts listed below immediately. Please provide me with a copy of an updated and corrected credit report showing that these items have been deleted. 

Name of Account : Account Number : Provide Physical Proof of Verification Us dept XXXX. not verified XXXX XXXX XXXX. not verified