Consumer complaint received 2022-08-06
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: EQUIFAX, INC. (TX)

To : Equifax Credit Bureau XXXX XXXX XXXX, XXXX, GA XXXX. 

Re : Submitted Dispute CFBP XXXX Completion : XXXX From : XXXX XXXX XXXX Thank you for reviewing my claim. However, in your investigation that was complete XX/XX/2022 you stated that you used XXXX XXXX, XXXX XXXX XXXX XXXX, GA XXXX to verify negative information that is being reported on my credit report. The use of 3rd party reporting agencies does not solidify burden of proof. The initial submission of the clam was to provide validation, providing me with copies of documents with my living signature to validate the records that are being reported. I have never given written consent according to ( 15 U.S. Code 1681b ( 2 ) In accordance with the written instructions of the consumer to whom it relates. ), to report anything on my credit report, in addition to not knowing where the negative items that are being reported were derived from. I am requesting that all negative items that are being reported on my credit report be removed within the grace period of 5 days from the date of this rebuttal of investigation CFPB XXXX. 
References for consideration : 15 U.S. Code 1681n ( a ) IN GENERAL Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court.

15 U.S. Code 1681- ( 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.

15 U.S. Code 1681 ( 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.

15 U.S. Code 1681b ( 2 ) In accordance with the written instructions of the consumer to whom it relates.

15 U.S. Code 1692f : A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. ( 2 ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collectors intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. ( 3 ) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution. ( 4 ) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument. ( 5 ) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees. ( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement. ( 7 ) Communicating with a consumer regarding a debt by post card. ( 8 ) Using any language or symbol, other than the debt collectors address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.