Consumer complaint received 2024-02-11
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: EQUIFAX, INC. (LA)

I am writing this complaint and submitting documents for evidence in a final attempt to have my right to privacy respected and my right to an accurate credit report pursuant to 15 USC1681. I have disputed many inaccuracies with XXXX, Equifax and XXXX, and regardless of the dispute and documentation provided to prove my claim, all three CRA 's have not proven to have adopted reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information. 15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. In the US Code copied above Congress is very clear in noting that the procedures used by any and all credit reporting agencies are the be fair and equitable to the CONSUMER, me, XXXX XXXX, who they are making the report about. There is nothing fair about constantly battling corporations over incorrect, inaccurate none validated data. The use of these elaborate mechanism have failed me gravely and I will explain that in detail below. Congress is also very clear that these corporations and financial institutions are to respect the CONSUMERS right to PRIVACY first and foremost, more than anything. XXXX has violated my right to privacy, completely tarnished my credit worthiness, credit standing, credit capacity, my character and credit reputation with continued negligence. 

Pursuant to 15 U.S. Code 1681i - Procedure in case of disputed accuracy ( a ) Reinvestigations of disputed information ( 1 ) Reinvestigation required ( A ) In general Subject to subsection ( f ) and except as provided in subsection ( g ) if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller.

Congress is very clear in this subchapter that a reinvestigation is required should a consumer disputes the completeness and accuracy of any item of information contained in the consumer 's file. A reinvestigation can only take place once an initial investigation has been completed. Congress is clear in defining in this subchapter that it is the duty and grave responsibility of the CRA 's to investigate any all items reporting to a consumer 's file BEFORE placing the data on there. Once the data is placed on the report and examined by the consumer and the consumer disputes the accuracy of the information, a reinvestigation is commenced. It is clear that XXXX, XXXX, Equifax, and XXXX XXXXXXXX XXXX  are not conducting reasonable investigations to determine whether the disputed information is inaccurate. The details below will list the inaccuracies and incompleteness and documentation evidence will be provided to support. 


Pursuant to 15 U.S. Code 1681i - Procedure in case of disputed accuracy ( 4 ) Consideration of consumer information In conducting any reinvestigation under paragraph ( 1 ) with respect to disputed information in the file of any consumer, the consumer reporting agency shall review and consider all relevant information submitted by the consumer in the period described in paragraph ( 1 ) ( A ) with respect to such disputed information.

Pursuant to 15 U.S. Code 1681i - Procedure in case of disputed accuracy ( 5 ) Treatment of inaccurate or unverifiable information ( A ) In general If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation ; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer. 

Over the course of XXXX XXXX years I made several disputes with all three CRA 's XXXX XXXX XXXX and Equifax to have this information properly investigated to that consumer file can reflect a true recording of my credit worthiness, credit standing and credit capacity. Despite providing documentation pulled directly from their websites or sent via the mails, containing clear inaccuracies and incompleteness with account data, payment histories, and account histories reporting for multiple items on my consumer report, all three CRA 's have been negligence in promptly deleting information that is inaccurate or incomplete or can not be verified. Congress is clear that every consumer reporting agency must review and consider all relevant information submitted by the consumer. I don't know how much more relevant I can get in my documentation when I providing up to date copies of consumer reports and dispute results which is what is displaying the information that needs to be disputed. If the procedures used by Equifax, XXXX, and XXXX were reasonable, fair and equitable to the consumer a deletion should have taken place XXXX years ago for most of the account information reflecting any incompleteness and inaccuracies. 

Pursuant to 15 U.S. Code 1681i - Procedure in case of disputed accuracy ( a ) Reinvestigations of disputed information ( 6 ) Notice of results of reinvestigation ( B ) Contents ( iii ) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available ; In every dispute before submitting the dispute I make my request knowing to each consumer reporting agency that I am requesting a description of the procedure used to determine the accuracy and completeness of the information. I have yet to receive any documentation of the procedures used. Each dispute I only get investigation result containing the same inaccuracies disputed with no deletion. Having to fight with XXXX dollar corporations repeatedly to protect my reputation has been mentally damaging. The negligence and defamation committed by XXXX, XXXX, and Equifax has caused and extensive amount of actual damages to both me and my children. 

XXXX XXXX XXXX XXXX XXXXXXXX is making a report to my XXXX consumer report with an open date of XXXX and close date of XXXXXXXX The account information reads last payment made on XXXXXXXX but doesn't reflect late until XX/XX/XXXX. Pursuant to IRS Publication 4681, the IRS treat charge offs like income and income is not reported on a consumer report. According to the payment history XXXX can't be the date of the last payment since XXXX reported an OK reporting for both XXXX and XXXX of XXXX. There is not amount paid reporting for XX/XX/XXXX to reflect the " last payment made. '' The payment history for this account reads XXXX - XXXX XXXX OK, XXXX XXXX- 30 days late, XXXX XXXX XXXX OK, XXXX XXXX- 30 days late, XXXX XXXX- 60 days late, JXXXX XXXX- 90 days late, XXXX XXXX XXXX unknown, XXXX XXXX XXXX XXXX C/O. This payment reflects and incomplete and inaccurate payment history. This payment history jumps from 90 days late to XXXX months of unknown reporting then reports C/O for the next 38 months. This incomplete and inaccurate information was recently disputed under XXXX XXXX XXXX and XXXX certifies that this information is accurate. 

XXXX XXXXXXXX XXXX XXXX XXXXXXXX is reporting to my XXXX consumer report with an open date of XXXX, account is charged off and pursuant to IRS Publication 4681, charge off are to be treated and income and income is not reported on a consumer report. This account list a last payment date of XXXX which is only 6 days after XXXX is reporting that the account opened, however the payment history reports payments received for five more months after this date. The payment history for this account reads XXXX & XXXX XXXX current, XXXX XXXX- 30 days late, XXXX XXXX XXXX currentXXXX XXXX XXXX- 30 days late, XXXX XXXX 60 days late, XXXX XXXX- 90 days late, XXXX XXXX XXXX No Data Reporting, XXXX XXXX XXXX XXXX C/O. The payment history for this account reflects 6 months of positive payments but account info section last payment received in the same month the account opened XX/XX/XXXX. The payment history jumps from reporting data to making no report for several months. This information is incomplete and inaccurate and needs to be promptly deleted. 

XXXX XXXX XXXX is making a report to my Equifax consumer report with an open date of XXXX and delinquency first reported date of XX/XX/XXXX. The payment history for this account reads, XXXX XXXX No Data Available, XXXX XXXX- 60 days late, XXXX XXXX No Data AvailableXXXX XXXX XXXX 60 days late, XXXX XXXX- 90 days late, JXXXX XXXX 120 days late, XXXX XXXX No Data Available, XXXX XXXX XXXX C/O. How does the delinquency first day read XX/XX/XXXX but the payment history is reporting 60 days late in XX/XX/XXXX. Date of late payment reporting XX/XX/XXXX but payment history doesn't reflect that payment and is not reporting any data for this period. This account payment history is jumping from no data available to 60 days late. All of this inaccurate and incomplete information was recently disputed but XXXX certifies that the information is accurate. Well unless I'm XXXX you definitely have to be 30 days late before you can be 60 days late and making reports only some months is incompleteness. This account needs to be promptly deleted from the consumer file. 

Pursuant to 15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) Privacy obligation policy It is the policy of the Congress 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. 

Pursuant to 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. Now lets address the consumers right to PRIVACY pursuant to 15 USC Chapter 94- Privacy, 16 CFR 313- Privacy of Consumer Financial Information and the ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

Article 17 GDPR- Right to Erasure. I, the federally protected consumer have a right to not have my nonpublic personal information displayed all across the world wide web for any and everyone to gain access to. Each financial institution reporting data on my consumer report without providing me the option to OPT OUT before initiating that reporting is violating my consumer rights. Even though the data furnisher/financial institutions are being deceptive and negligent by not providing consumers the right to OPT OUT of any reporting before the commencing of a customer relationship, I still provided XXXX, XXXX, Equifax, and XXXX XXXXXXXX XXXX with written instruction to stop making a report on my consumer file and remove, rejected, opted out of any reporting or consent to any report that may have been given. This notice was sent via certified mail in XX/XX/XXXX but still Equifax, XXXX, XXXX and XXXX XXXX XXXX have refused to honor my request or respect the law and Congress has defined it to be. THIS IS DISCRIMINATION AND DEFAMATION OF CHARACTOR and a complete violation of many of consumer rights. PLEASE PROMPTLY DELETE THIS ACCOUNT WITHIN 5 DAYS OF RECEIPT OF THIS DISPUTE! Not to mention the securities fraud taken place inside of these corporations/financial institutions who are taking our personal data, tendered securities, turning them into notes and selling them on the secondary market even though they state in every SEC Prospectus filing that they won't sell these securities on the secondary market. So XXXX, Equifax, XXXX, and XXXX XXXX XXXX  is knowingly being negligent, noncompliant, deceptive, and committing securities fraud? SEC FILING TIME