Consumer complaint received 2024-05-14 00:00:00
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.
State: IL

Complaint narrative:
15 U.S.Code 1693 ( a ) ( 6 ) 1693a ( 6 ) - the term consumer means a natural person 15 U.S.Code 1692 ( a ) 1692 ( a ) - Consumer has a right to privacy.

15 U.S.Code 1692a ( 4 ) 1692a ( 4 ) - creditor, [ Proves Consumer as the original creditor ] as the consumer answers the question who created the debt? Creditor means ANY person who offers or extends credit, creating a debt or to whom a debt is owed. Also excludes alleged creditors because it does not include any person who receives an assignment. 



15 U.S.Code 1692a ( 7 ) 1692a ( 7 ) - Location information includes telephone number, place of abode, place of employment. This is private remove it 15 U.S.Code 1692c ( c ) 15 USC 1692c ( c ) 1692c ( c ) Legal refusal to pay debt. Cease and Desist. 

Only communication allowed is ; XXXX. Debt collector states all termination to collect are terminated ; XXXX. Allows consumer to invoke their status of creditor to receive their specified remedy ; XXXX. Allows for the notification of the intention to invoke specified remedy. XXXX. If the notice is delivered by mail the cease and desist is started upon the receipt of when the mail is sent. 



15 U.S.Code 1692c ( d ) 1692c ( d ) - Allows for the invoked status of administrator, executor, and as age or majority, parent can execute over the minor. The minor would be the corporation of your own birth certificate and opposing debt collector. This would also allow for your claim of stating the debt collector has no legal standing as they are in fact a minor in law. 



15 U.S.Code 1692e ( 2 ) 1692e ( 2 ) ( A ) - false character, amount, or legal status of any debt. - AKA if your amount is shown in the positive it is a false and misrepresentation. If the balance was owed in a bank account it would be shown in the negative. This amount is shown positively. How can a person pay on a positive amount? 



15 U.S.Code 1692e ( 10 ) 1692e ( 10 ) - anything you deem false and deceptive with evidence.

15 U.S.Code 1692e ( 12 ) 1692e ( 12 ) - the assignee clause which makes the 3rd party debt collector and the one who assigns the debt liable. 



15 U.S.Code 1692g ( b ) 1692g ( b ) - If you dispute the debt in writing, they can not continue to report the debt until the dispute is over as the communication must stop. If not this is a violation.

15 U.S.Code 1692h 1692h Give me all of my COINS back.I want all of my money Notice, In accordance with 15 U.S.Code 1692h I, the consumer and affiant in fact, give, with my written instruction, direction for to redirect all prior payments, and all current payments to rectify the matters herein, to me 15 U.S.Code 1692j 1692j - False and deceptive forms. A form which is made to believe the debt has something to do with you or you are obligated and you are not, is false and deceptive. Fraud found in a form is a false and deceptive form and a violation of this act. For example if you go and get a car after a consumer credit transaction, you went for a car and gave credit. Companies are known to make whats called asset accounts. You never went to have an account made, this is a false and deceptive form because they never disclose this account being made. This includes statements which falsely accuses you of owing a debt. The delivery of these forms via mail constitutes mail fraud. However this subsection would not be used from inception of a contract, only after when an alleged debt is in the process of being collected and there is fraud found. 



15 U.S.Code XXXX ( a ) ( XXXX ) XXXX ( a ) ( XXXX ) - Allows for any action of damage. 



15 U.S.Code XXXX ( a ) ( XXXX ) ( A ) XXXX ( a ) ( XXXX ) ( A ) - XXXX dollars for each proceeding. To get a XXXX dollars per violation, you will use XXXX dollars as actual damage under 15 U.S.Code XXXX ( a ) ( XXXX ) XXXX U.S.Code XXXX ( a ) ( XXXX ) ( B ) XXXX ( a ) ( XXXX ) ( B ) -If you win a civil suit and file a class action, you can obtain up to XXXX or 1 % of the company. 



15 U.S.Code XXXX ( d ) XXXX ( d ) - you can invoke your jurisdiction. And as the administrator, or judge, and the creditor under 1692c ( d ) and you can administer judgement as the administrator. You are the secured party right? 



15 U.S.Code 1681 ( b ) 1681 ( b ) - CRAs must follow reasonable procedures. Must be fair and equitable to the consumer. 



15U.S.Code1681 ( a ) ( 4 ) 1681 ( a ) ( 4 ) - Consumers right to privacy Notice, I, the affiant, a consumer has the right to privacy pursuant to 15 U.S.Code 1681 ( a ) ( 4 ). has violated my right to privacy by furnishing private information about me without any lawful authority or my written consent. 



15 U.S.Code 1681a ( f ) 1681a ( f ) - Consumer reporting agencies - Examples are XXXX, XXXX, Equifax. However there are over 300+ agencies who collect, house , and sell your information. Any person who produces a consumer report would be a CRA. 





15 U.S.Code 1681a ( 2 ) ( A ) ( iii ) 1681a ( 2 ) ( A ) ( iii ) - The consumer must be given a chance to direct the information whether they want the information about a transaction they had to be reported or not. This is referenced in the Gramm Leach Bliley Act 15 U.S.Code 1681a ( 2 ) ( B ) 1681a ( 2 ) ( B ) - if a transaction was authorized by your social security card, the real credit card first defined, understand the Truth in Lending Act, this transaction must be excluded from your consumer report. 



15 U.S.Code 1681a ( e ) 1681a ( e ) - investigated reports must have sources of interviews of family and friends, and the results can not contain factual information.

15 U.S.Code 1681a ( g ) 1681a ( g ) - The consumer File, includes the full file of a consumers collected information and the sources of that information. 



15 U.S.Code 1681a ( i ) ( 2 ) 1681a ( i ) ( 2 ) - medical information can not be included - age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy. In other words not a single piece of medical information should be on your report 15 U.S.Code 1681a ( q ) ( 3 ) 1681a ( q ) ( 3 ) - Identity Theft definition, similar to REG V 12 CFR 1022.3 Notice, affiant is aware the term identity theft as described in 15 U.S.Code 1681a ( q ) ( 3 ) and Regulation V 12 CFR 1022.3 is a fraud committed or attempted using the identifying information of another person without authority.If you never expressed permissions, which means its written down, then it shouldnt be on your report 15 U.S.Code 1681b ( a ) ( 2 ) 1681b ( a ) ( 2 ) - CRAs need written instruction to make a consumer report by the consumer Credit Reporting Agency ( CRA ) 15 U.S.Code 1681b ( c ) ( 1 ) ( A ) 1681b ( c ) ( 1 ) ( A ) - This is an inquiry that gets reported onto your consumer report. Some times CRAs will try to say that1681b only refers to inquires, here is a snap back, you cant be afraid to fight back! 

Notice, affiant is aware, section 15 U.S.Code 1681b, permissible purposes does not only refer to inquires. Inquiries fall under only one subsection under the Fair Credit Reporting Act, Title 15 U.S.Code 1681 ( c ) ( 1 ) ( A ) and does not make up the entire section of 15 U.S.Code 1681b. The presumption which states 1681b only refers to inquires is false and misleading.

15 U.S.Code 1681b ( c ) ( 1 ) ( A ) ( B ) ( i ) ( 3 ) 1681b ( c ) ( 1 ) ( A ) ( B ) ( i ) ( 3 ) - Unauthorized inquiries 15 U.S.Code 1681e ( a ) 1681e ( a ) - reasonable procedures must be maintained to avoid violations of 1681b and 1681c 15 U.S.Code 1681e ( b ) 1681e ( b ) - must maintain maximum possible accuracy. 



15 U.S.Code 1681g 1681g - Request for a full file disclosure and the sources of its Information 15 U.S.Code 1681g ( f ) ( 2 ) ( A ) ( i ) 1681g ( f ) ( 2 ) ( A ) ( i ) - Credit score is a risk score.

Notice affiant is aware, a credit score is a risk score pursuant to 15 U.S. Code 1681g ( f ) ( 2 ) ( A ) ( i ). Like other risk scores, a credit score is a calculated score that tells you how severe a risk is, based on several factors to predict the likelihood of certain credit behaviors such as default.

15 U.S.Code 1681i ( 7 ) 1681i ( 7 ) - Method of Verification I demand to know the method used to verify this information. If a description of the method used to verify this information can not be provided, information associated with must be removed 15 U.S.Code 1681i ( 6 ) ( A ) 1681i ( 6 ) ( A ) - failed demand to comply or failure to comply 15 U.S.Code 1681i ( 5 ) ( A ) ( i ) 1681i ( 5 ) ( A ) ( i )- If 30 days have past information has not been verified within that time of reinvestigation, the information must be deleted. 



15 U.S.Code 1681n ( a ) ( 1 ) ( A ) 1681n ( a ) ( 1 ) ( A ) - willful failure to comply with any requirement under the FCRA is damages up to {$15.00} U.S.Code 1681n ( a ) ( 1 ) ( A ) 1681n ( a ) ( 1 ) ( A ) - Unauthorized Inquiries hold civil liability up to the amount of {$1000.00} or the actual damage as the cause of this failure, whatever is greater. 



15 U.S. Code 1681o ( a ) ( 1 ) - For negligent noncompliance, or in other words, failure to comply even though they should have known they must comply, is equal to the sum of action damages.

The law is public information acting like they didnt know is no excuse to violate you or the law 15 U.S. Code 1681q 1681q - Any person which includes a consumer reporting agency who willfully and knowingly obtains INFORMATION on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18U.S.Code 3571 15 U.S.Code 1681s-2 ( 7 ) ( E ) 1681s-2 ( 7 ) ( A ) ( E ) - This is a snap back to a company who states they are required to report 100 % accurate information. They misconstrue the law to state they are required to report accurate information but this does not mean the must report negative information. This is not a requirement of the FCRA. This is false and misleading and a violation of 1681s-2 ( 7 ) ( E ) 15 U.S.Code 1602 ( e ) 1602 ( e ) The term person means a natural person or an organization.

Notice, affiant is aware, a person as defined under the Truth in Lending Act as a natural person or an organization, and organization can be a corporation, government or governmental subdivision or agency, trust, estate, partnership, cooperative, or association as defined under the Truth in Lending Act, 15 U.S.Code 1602 ( e ) 15 U.S.Code 1602 ( f ) 15 USC 1602 ( f ) Notice, affiant is aware, the term credit means the right granted by I, the original creditor, to a debtor to defer payment of the debt or to incur debt or a loan from the US Treasury and defer its payment.

This makes { COMPANY NAME } a borrower or solicitor who induced me to the treasury window to receive funds unbeknownst to I, at the time of the transaction. I, the affiant, came to extend credit as shown in exhibit ( -- ) and not receive a loan from the U.S. treasury. The contract I received, as a result, was an unsolicited advertisement described in 48 U.S.C 227 ( a ) ( 5 ) by { COMPANY NAME } and lack of willful full disclosure was the fraud of execution in conjunction with fraud of inducement brought forth by { COMPANY NAME }. 



15 U.S. Code 1602 ( g ) 1602 ( g ) The term creditor refers only to a person, natural person, who regularly extends credit and is the person to whom the debt arising from thus we created the debt, and the consumer credit transaction is initially payable on the face of the evidence of indebtedness, or a contract. 



15 U.S.Code 1602 ( i ) 1602 ( i ) - a consumer in connection with a consumer credit transaction, refers to natural person who extends credit to obtain goods, money or services are primarily for personal, family, or household purposes. 



15 U.S.Code 1602 ( j ) 1602 ( j ) - A credit card from a bank such as XXXX are actually called open-ended consumer credit plans. Installment loans also fit under this category as well. 

in accordance with 15 U.S.Code 1602 ( j ) which contemplates repeated transactions, which prescribes the terms of such transactions, and which provides for a finance charge which may be computed from time to time. 



15 U.S.Code 1602 ( l ) 1602 ( l ) The term credit card means any card, which includes examples such as an EBT card or social security card, license plate, checkbook or remittance slip. 





15 U.S.Code 1602 ( p ) 1602 ( p ) The term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. 



15 U.S.Code 1602 ( v ) 1602 ( v ) - material disclosures require 8 different requirements and 9 disclosures are required if it is a mortgage contract. 

XXXX the annual percentage rate, XXXX the method of determining the finance charge XXXX the balance upon which a finance charge will be imposed, XXXX the amount of the finance charge, XXXX the amount to be financed, XXXX the total of payments, XXXX the number and amount of payments, XXXX the due dates or periods of payments scheduled to repay the indebtedness, XXXX disclosures required by section XXXX ( a ) of this title. ( Mortgage Disclosure ) Notice, affiant is aware, in accordance to the regulations of the Bureau, there are eight required material disclosures which should be clear and conscious, bolded with ten point font and sectioned off in boxes within each consumer credit contract ; nine material disclosures are required if it is a mortgage contract. As shown in EXHIBIT ( -- ), the contract provided did not meet the full criteria of the material disclosures in accordance with 15 U.S.Code 1602 ( v ) required by the Truth in Lending Act and is in violation of 15 U.S.Code 1602 ( v ). 



15 U.S.Code 1605 ( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, ( b ) does not include charges of a type payable in a comparable cash transaction. 

the finance charge includes any of the following types of charges which are applicable : ( XXXX ) Interest, time price differential, and any amount payable under a point, discount, or other system or additional charges. 

( XXXX ) Service or carrying charge. 

( XXXX ) Loan fee, finders fee, or similar charge. 

( XXXX ) Fee for an investigation or credit report. 

( XXXX ) Premium or other charge for any guarantee or insurance protecting the creditor against the obligors default or fees paid directly to the broker or the lender ( XXXX ) fees ( for delivery to the broker ) whether such fees are paid in cash or financed. 

( XXXX ) Life, accident, or health insurance premiums included in finance charge Charges or premiums for credit life, accident, or health insurance written in connection with any consumer credit transaction shall be included in the finance charges ( XXXX ) Property damage and liability insurance premiums included in finance charge Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property. Meaning all debts with a finance charge comes with insurance in case of default. 



15U.S.Code1605 ( a ) ( b ) 1605 ( a ) ( b ) - Insurance, interest, services, deliver fees, loan fees, broker fees, fee to cover defaults, are all included in the finance charge. 



15 U.S.Code 1605 ( a ) 1605 ( a ) No down payments or any cash in connection with a finance charge. 



15 U.S. Code 1611 ( 1 ) ; ( 3 ) Whoever willfully and knowingly ( XXXX ) gives false or inaccurate information or fails to provide information which he is required to disclose under the under TILA and every " regulation '' or consumer law after, and since TILA is the first law it's all of consumer credit protection, or ( XXXX ) if companies fails to comply with any requirement imposed under TILA shall be fined not more than {$5000.00} or imprisoned not more than one year, or both. 



15 U.S. Code 1635 Revoking power of attorney. 

Notice, affiant is invoking it's right of rescission in accordance with 15 U.S.Code 1635 and UCC XXXX XXXX to rescind any power of attorney which may have been used in connection with this transaction which includes any derivative, hypothecation, trades, transfers of possession, whether voluntary or involuntary involving any and every instrument which may have occurred unbeknownst to me. I was not given full disclosure of any such power of attorney until discovery of its potential existence and demand a full revocation of such document ( XXXX ) ; nunc pro tunc.! If you have one give them yours as well 15 U.S. Code 1635 - arbitration clause Notice, affiant is aware, upon discovery, this contract has been a one sided agreement which I was never disclosed the second signature by an authorized party, head of agency or registered agent .The appropriate " meeting of the minds '' has never occurred in connection with this contract. Being the only party to sign this contract without full willful disclosure I invoke and reserve my right to revoke the arbitration clause in connection with this contract and for any transfer, trade, hypothecation, whether voluntary or involuntary involving any and every instrument which may have occurred unbeknownst to me ; Nunc pro tunc. 



15 U.S. Code 1637 ( b ) ( 2 ) ( A ) 1637 ( b ) ( 2 ) ( A ) - Creditor must provide documentary evidence upon request to verify a billing error otherwise there is a violation of 15 U.S.Code 1666b Notice, affiant is aware, documentary evidence pursuant to 15 U.S.Code 44 includes all documents, papers, correspondence, books of account, and financial and corporate records which involve all derives, assignees, hypothecations in connection with my all caps name. I require this clarification in order to address the billing error for the amount shown in this statement in Exhibit ( -- ). I need to clarify who funded the account and how much is owed according to the journal and ledger entries from the date of open of this account as described in IRS Publication XXXX. I am giving formal notice of this billing error until I receive all documentary evidence. Until this documentary evidence has been received this billing error is a violation of 15 U.S.Code 1666b 15 U.S.Code 1640 ( a ) 1640 ( a ) - For each violation of TILA is double the finance charge when it comes to consumer credit transactions. This doesn't mean if you find multiple TILA violations there is only double the finance charge one time. Each violation is double the finance charge. In a lease each violation is XXXX dollars. If there is no security interest its XXXX per violation or higher depending on a pattern of failures aka R.I.C.O. charges. 



15 U.S.Code 1640 ( B ) if there is a class action then the violation can be XXXX or 1 % of the net worth of the creditor. 



15 U.S.Code 1644 ( a ) 1644 ( a ) - Fraudulent authorized use of a credit card such as a license plate, social security card, EBT card etc, can result up to a XXXX fine. 



15 U.S. Code 1662 ( b ) 1662 ( b ) - It is illegal to require any downpayment in connection with a consumer credit transaction 15 U.S.Code 1666 ( b ) ( 2 ) 1666 ( b ) ( 2 ) - Billing errors caused by not providing documentary evidence as defined as 15 U.S.Code 44. 



15 U.S. Code 1666a 1666a ( a ) Creditor can not report information to any third party if there is a billing error dispute until the dispute is over 15 U.S.Code 1666 ( e ) 1666 ( e ) - if the creditor does not provide all documentary evidence as defined under 15 U.S.Code 44 this will result in a billing error and the creditor forfeits all rights to collect on the amount the person has identified in dispute. If the person gets the final payout statement amount and states the amount is a billing error then the entire amount would not be able to be collected on. 



12 C.F.R. 1026.13 ( d ) ( 1 ) - enforcing the billing error, and restrictions from a company.

Notice, affiant is aware, as the creditor may not collect any disputed amount, I the consumer and affiant, does not need to pay, the creditor can not restrict, accelerate payment or close an account and or make or threaten any adverse reporting to any person about the consumer 's credit standing without resolving the billing error. Such actions by will forfeit its rights to collect the disputed amount as described in 15 U.S.Code 1666 ( e ) and hold the creditor liable under 15 U.S.Code 1693m for the actual damage caused to I, the affiant, as well as held to criminal liability pursuant to 15 U.S.Code 1693n for failing to require documentary evidence as requested to clarify and revolve the previously addressed billing error 15 U.S. Code 1666d 1666d - If there is a balance of credit or insurance of the account in connection to a consumer credit transaction with a surplus over XXXX dollar, this account should be credited in the amount of the credit balance, upon request, the remaining balance of the amount should be refunded to the consumer, by cash, check, or money order. The amount can not be known without knowing the journal and ledger entires of the account from the date of account opening as described in Publication IRS 583. 

Make sure to tell them if you want it in cash check or money order and where to send it too 15 U.S. Code 1691 1691 ( a ) ( 3 ) - it is unlawful to discriminate in any aspect against anyone who exercised their right in good faith. Credit is the right granted under title 1602 ( f ) ... ( think about it ) 15 U.S. Code 6802 ( b ) ( a ) ( A ) ( B ) ( C ) - The right to opt out, the right to have the information clearly and conspicuously disclosed and consumers directing that information not to be disclosed and explanation to how to opt out of reporting. 



16 C.F.R. 433.1 ( d ) Purchase money loan NoticeI the affiant has reason to believe and do so believe a purchase money loan, cash advance was given as the creditor from the U.S. Treasury for a finance charge and the consumer credit was to be forwarded to the consumer or natural person, I the affiant, in this transaction for household, goods, and services in exchange for disclosed, limited and authorized use of the negotiable instrument, social security number or credit card and signature I have provided, which are all properties which belong to I, the affiant, so be it I, living name, agent for principal XXXX XXXX and affiant, I am a federally protected consumer, holder in due course, attorney in fact, for any and all derivatives thereof for the surname/given name and I have been appointed and accept being the executor both public and private for all matters proceeding, and I hereby claim that I I will autograph for my given name, XXXX XXXX and as the agent and administrator in fact. 



Congress finds there is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. 

Upon review of my credit report, I have notice you are reporting several inaccurate information. You have a duty pursuant to the FCRA to report accurate and fair information. In accordance with the Fair Credit Reporting act company name, has violated my rights. I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions. 



The Consumer Credit Report, Pursuant to title 15 1681 ( a ) ( 2 ) exclusions ( 2 ) Exclusions.Except as provided in paragraph ( XXXX ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Late Payments Entries Identified On The Consumer Report Are A Violation Of My Rights As Consumer This includes charge offs and collections XXXXXXXX XXXX XXXX ACCOUNT NUMBER XXXX DATE XX/XX/XXXX XXXX XXXX  ACCOUNT NUMBER XXXX DATE XX/XX/XXXX XXXXXXXX XXXX XXXX  ACCOUNT NUMBER XXXX XXXX XX/XX/XXXX The following address needs to be removed immediately. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX The following employer need to be immediately removed. 

XXXX. XXXXXXXX XXXX XXXX XXXX The following inquiries need to be immediately removed. 

XXXX. XXXX XXXX XXXX. XXXX XXXX. XXXX XXXX XXXX. XXXX I believe these unauthorized inquiries violate the provisions outlined in Title 15 USC 1681, as I have not applied for credit or sought any services from the aforementioned creditors, and therefore, these inquiries are not valid or authorized. As a consumer, it is my right to have accurate and up-to-date information in my credit report, and unauthorized inquiries can negatively impact my creditworthiness and financial opportunities.

Company response to consumer: Closed with non-monetary relief