Consumer complaint received 2025-07-16 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: EQUIFAX, INC.
State: CA

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX XX/XX/XXXX * * Equifax Information Services LLC * * XXXX XXXX XXXX XXXX, GA XXXX * * RE : FORMAL DISPUTE AND DEMAND FOR IMMEDIATE DELETION * * * * Consumer : * * XXXX XXXX XXXX * * Date of Birth : * * XX/XX/XXXX * * SSN : * * XXXX * * Disputed Account : * * XXXX  XXXX- {$39000.00} ( Auto Loan ) -- -- - # # DISPUTE OF UNRECOGNIZED AND FRAUDULENT ACCOUNT I am writing to formally dispute the above-referenced auto loan account appearing on my Equifax credit report. * * I DO NOT RECOGNIZE THIS ACCOUNT AS MINE * * and have never had any business relationship with XXXX  XXXX. This account appears to be fraudulent or the result of identity theft, and I demand its immediate and permanent deletion based on violations of federal consumer protection laws. 

# # ACCOUNT INFORMATION DISPUTED * * Creditor : * * XXXX  XXXX * * Account Type : * * Auto Loan * * Account Balance : * * {$39000.00} * * CONSUMER STATEMENT : * * I have never applied for, received, or authorized any auto loan with XXXX  XXXX. I have never had any business relationship with this entity. 

# # LEGAL BASIS FOR DISPUTE AND DELETION # # # 1. FAIR CREDIT REPORTING ACT ( FCRA ) VIOLATIONS * * 15 U.S.C. 1681e ( b ) - REASONABLE PROCEDURES TO ASSURE ACCURACY : * * You have violated this provision by failing to follow reasonable procedures to assure maximum possible accuracy of the information in my credit report. Specifically : 1. * * Failure to Verify Identity : * * You have failed to implement reasonable procedures to verify that this account belongs to me before including it in my credit file 1. * * Inadequate Verification Process : * * Your procedures do not adequately screen for potential identity theft or account misattribution 1. * * Negligent Accuracy Standards : * * You have negligently allowed inaccurate information to appear on my credit report without proper verification 1. * * Failure to Maintain Reasonable Procedures : * * Your current procedures are insufficient to prevent the reporting of fraudulent or misattributed accounts * * LEGAL REQUIREMENT : * * Under 15 U.S.C. 1681e ( b ), you must maintain reasonable procedures designed to avoid violations of Section 1681c and to limit the furnishing of consumer reports to the purposes listed under Section 1681b.

* * 15 U.S.C. 1681b - PERMISSIBLE PURPOSES OF CONSUMER REPORTS : * * You have violated this provision by including information in my consumer report that lacks proper authorization and verification. The reporting of this unrecognized account violates the fundamental requirement that consumer reports contain only verified, accurate information about the actual consumer. 

1. * * Lack of Permissible Purpose : * * The inclusion of fraudulent or misattributed account information serves no legitimate purpose under this section 1. * * Violation of Consumer Privacy : * * Reporting accounts that do not belong to me violates my privacy rights under federal law 1. * * Improper Report Furnishing : * * You have furnished a consumer report containing inaccurate information that could be used for impermissible purposes # # # 2. ADDITIONAL FCRA VIOLATIONS * * 15 U.S.C. 1681i - PROCEDURE IN CASE OF DISPUTED INFORMATION : * * Upon receipt of this dispute, you must : 1. Conduct a reasonable reinvestigation of the disputed information 1. Review and consider all relevant information submitted by the consumer 1. Determine whether the disputed information can be verified as accurate and complete 1. Delete any information that can not be verified or is found to be inaccurate * * 15 U.S.C. 1681c - REQUIREMENTS RELATING TO INFORMATION CONTAINED IN CONSUMER REPORTS : * * You must ensure that all information in consumer reports is accurate and verifiable. The inclusion of unrecognized accounts violates this fundamental requirement.

* * 15 U.S.C. 1681n - CIVIL LIABILITY FOR WILLFUL NONCOMPLIANCE : * * If you willfully fail to comply with the requirements of this dispute, you may be liable for : - Actual damages sustained by the consumer - Statutory damages from {$100.00} to {$1000.00} - Punitive damages as determined by the court - Attorney fees and costs * * 15 U.S.C. 1681o - CIVIL LIABILITY FOR NEGLIGENT NONCOMPLIANCE : * * Your negligent failure to comply with FCRA requirements makes you liable for : - Actual damages sustained by the consumer - Attorney fees and costs in successful actions # # # 3. FEDERAL MONETARY REGULATIONS * * 31 U.S.C. 5118 - GOLD CLAUSES AND CONSENT TO SUE : * * This provision relates to the validity of obligations and the governments consent to be sued regarding monetary obligations. In the context of credit reporting, this section supports the principle that : 1. * * Monetary Obligations Must Be Valid : * * Any reported monetary obligation must be legally valid and properly documented 1. * * Government Oversight : * * Federal oversight of monetary systems requires accurate reporting of financial obligations 1. * * Legal Standing : * * Improper reporting of monetary obligations may violate federal monetary policy and consumer protection principles The reporting of an unrecognized {$39000.00} auto loan obligation without proper validation violates federal monetary regulations and consumer protection standards.

# # # 4. IDENTITY THEFT CONSIDERATIONS * * 15 U.S.C. 1681c-2 - BLOCK OF INFORMATION RESULTING FROM IDENTITY THEFT : * * If this account is the result of identity theft, you must : 1. Block the reporting of any information that resulted from identity theft 1. Prevent the blocked information from being reported 1. Decline to use the blocked information for any purpose * * Red Flag Indicators of Identity Theft : * * - Unrecognized account with high dollar amount ( {$39000.00} ) - No consumer knowledge of account opening - No business relationship with reporting entity - Account type ( auto loan ) easily susceptible to identity theft # # # 5. TRUTH IN LENDING ACT ( TILA ) IMPLICATIONS * * 15 U.S.C. 1601 et seq. * * - If this represents an actual loan obligation, proper TILA disclosures would have been required, and the absence of any consumer knowledge suggests regulatory violations.

# # SPECIFIC DEMANDS FOR COMPLIANCE # # # IMMEDIATE ACTIONS REQUIRED : 1. * * PERMANENT DELETION * * of the XXXX  XXXX auto loan account from my credit report 1. * * COMPREHENSIVE INVESTIGATION * * to determine how this unrecognized account was included 1. * * VERIFICATION * * that this account actually belongs to me ( which it does not ) 1. * * CONFIRMATION * * that the account has been permanently deleted and will not reappear 1. * * UPDATED CREDIT REPORT * * showing the deletion 1. * * WRITTEN EXPLANATION * * of how this account was initially included without proper verification # # # REINVESTIGATION REQUIREMENTS : Under 15 U.S.C. 1681i, your reinvestigation must include : 1. * * Contact with XXXX  XXXX * * to verify account ownership 1. * * Review of account opening documentation * * including signature verification 1. * * Verification of consumer identity * * at time of account opening 1. * * Investigation of potential identity theft * * or account misattribution 1. * * Documentation of reinvestigation process * * and findings # # BURDEN OF PROOF AND VERIFICATION STANDARDS * * CREDITORS BURDEN : * * XXXX  XXXX must provide : - Original loan application with verified signature - Proof of identity verification at account opening - Documentation of vehicle purchase and title transfer - Complete loan documentation chain * * CREDIT REPORTING AGENCYS BURDEN : * * Under 15 U.S.C. 1681e ( b ), Equifax must : - Implement reasonable procedures to ensure accuracy - Verify account ownership before reporting - Investigate disputed accounts thoroughly - Delete unverifiable information # # CONSUMER RIGHTS AND LEGAL REMEDIES * * UNDER THE FCRA : * * - Right to accurate credit reporting ( 15 U.S.C. 1681e ( b ) ) - Right to dispute inaccurate information ( 15 U.S.C. 1681i ) - Right to damages for willful violations ( 15 U.S.C. 1681n ) - Right to damages for negligent violations ( 15 U.S.C. 1681o ) - Right to attorney fees and costs * * POTENTIAL DAMAGES : * * - Actual damages including denial of credit - Statutory damages up to {$1000.00} - Punitive damages for willful violations - Attorney fees and costs - Injunctive relief # # NOTICE OF INTENT TO PURSUE LEGAL REMEDIES This letter serves as formal notice that failure to comply with the above requirements may result in : - * * Federal court action * * under 15 U.S.C. 1681n for willful non-compliance- * * Federal court action * * under 15 U.S.C. 1681o for negligent non-compliance - * * State court action * * for defamation and violation of state consumer protection laws- * * Identity theft claims * * under federal and state law - * * Complaints to federal regulators * * including the CFPB, FTC, and state attorney general - * * Claims for actual damages * * including denied credit and emotional distress - * * Statutory damages * * up to {$1000.00} per violation - * * Punitive damages * * for willful violations - * * Attorney fees and costs * * # # FRAUD ALERT CONSIDERATION Given the presence of this unrecognized account, I may need to place a fraud alert on my credit file. This account appears to be evidence of potential identity theft or fraudulent activity.

# # RECORD PRESERVATION NOTICE You are hereby notified to preserve all documents, electronic records, communications, and data related to : - My credit file and this disputed account - All communications with XXXX  XXXX- Your verification procedures and policies- All internal communications regarding this dispute - Any identity verification procedures used # # REQUIRED RESPONSE You must provide a written response within * * 30 days * * of receipt of this letter that includes : 1. * * Permanent deletion * * of the XXXX  XXXX account XXXX. * * Confirmation * * that the account will not reappear 1. * * Updated credit report * * showing the deletion 1. * * Detailed explanation * * of your reinvestigation process 1. * * Documentation * * of how the account was initially verified ( if at all ) 1. * * Notification letters * * to all entities that received my report in the past 6 months ( employment ) or 2 years ( credit ) # # CONSUMER CERTIFICATION I certify under penalty of perjury that : 1. The information in this letter is true and accurate to the best of my knowledge 1. I do not recognize the XXXX  XXXX account as mine 1. I have never had any business relationship with XXXX  XXXX 1. I have never applied for or authorized any auto loan with this entity 1. This account appears to be fraudulent or the result of identity theft # # CONCLUSION The XXXX  XXXX auto loan account violates multiple federal consumer protection statutes. Your inclusion of this unrecognized account in my credit report without proper verification violates 15 U.S.C. 1681e ( b ), 15 U.S.C. 1681b, and other federal laws. I demand immediate compliance with all applicable laws and permanent deletion of this account from my credit report.

I expect your prompt attention to this matter and look forward to your written response within 30 days. 

-- -- - * * Sincerely, * * XXXX XXXX XXXX

Company response to consumer: Closed with non-monetary relief