Consumer complaint received 2024-12-07 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: OH

Complaint narrative:
You Violated the United States Code Law NOTICE OF PENDING LITIGATION SEEKING RELIEF AND MONETARY COMPENSATION UNDER FCRA 15 U.S. Code 1681n Civil liability for willful noncompliance and 15 U.S. Code 1681o Civil liability for negligent noncompliance and 15 U.S. Code 1692k civil liability.

Please accept this final written OFFER OF SETTLEMENT BEFORE LITIGATION as my attempt to amicably resolve your continued violation of the Fair Credit Reporting Act regarding your refusal to delete INACCURATE, Unverifiable and Invalidated information from my consumer file. I intend to pursue litigation in accordance with the FCRA to seek relief and recover all monetary damages that I may be entitled to under Section 616 and Section 617 if the INACCURATE, Unverifiable and Invalidated items listed below are not deleted immediately. A copy of this letter as well as INACCURATE ERRONEOUS ITEMS sent to you previously will also become part of a formal complaint to the Federal Trade Commission and shall be used as evidence in pending litigation provided you fail to comply with this offer of settlement. 
YOU ARE IN DIRECT VIOLATION OF THE FCRA, the unverified items listed below still remain on my credit report in violation of Federal Law. You are required under the FCRA to have a copy of the original creditors documentation on file to verify that this information is mine and is correct. In the results of your investigations, you stated in writing that you verified that these items are being reported correctly Who verified these accounts? You have NOT provided me a copy of ANY original documentation ( a consumer contract with my signature on it ) as required under Section 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 1 ) ( A ). Furthermore, you have failed to provide the method of verification as required under Section 611 ( a ) ( 7 ). 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.

Its very obvious that your agency doesnt know what the FCRA is because from the looks of my credit report and all the errors i see you are disregarding it so heres my breakdown.

1.The Fair Credit Reporting Act is the primary federal law that governs the collection and reporting of credit information about consumers. Its rules cover how a consumer 's credit information is obtained, how long it is kept, and how it is shared with othersincluding consumers themselves.

2. What is a FCRA violation?

Creditors give reporting agencies inaccurate financial information about you.

Reporting agencies mixing up one person 's information with another 's because of similar ( or same ) last name or social security number. Agencies fail to follow guidelines for handling disputes.

3. My rights under the fair credit reporting act Verify the accuracy of my report when it is required for employment purposes.

Receive notification if information in my file has been used against me in applying for credit or other transactions.

Disputeand have the bureaus correct and deleteinformation in my report that is incomplete, inaccurate, and unverifiable.

Remove outdated, negative information ( after seven years in most cases, 10 in the case of bankruptcy ).

I demand these items be deleted immediately. I entered the items and the outcome I desire below because you are in violation and these items are not 100 % accurate and they are either INACCURATE, Unverifiable and Invalidated. I recently applied for extended credit and was denied i am in distress because of your mistakes. 
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 Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. 


Accounts Affected by the Crime FTC Report Number : XXXX First Name : XXXX Last Name : XXXX Address : XXXX XXXX XXXX, XXXX XXXX, OH XXXX XXXX Phone : XXXX Email : XXXX I AM A VICTIM OF IDENTITY THEFT AND EQUIFAX DATA BREACH. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX INQUIRIES : XXXX XXXX XXXX XXXX XX/XX/XXXX XX/XX/XXXX XXXX XXXX  XXXX XX/XX/XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXX Credit Card Opened by the Thief Company or Organization : XXXX XXXX Account XXXX : XXXX Credit Card Opened by the Thief Company or Organization : XXXX XXXX  Account Number : XXXX Credit Card Opened by the Thief Company or Organization : XXXX XXXX XXXXXXXX Account XXXX XXXX XXXX Credit Card Opened by the Thief Company or Organization XXXX XXXX XXXX Account Number : XXXX Fraudulent Personal or Business Loan Company or XXXX XXXX XXXXXXXX XXXX XXXX Account XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Ohio XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXXXXXX XXXX  XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXXXXXX INQUIRIES : XXXX XXXX XXXX XXXX XX/XX/XXXX XX/XX/XXXX XXXX XXXX XXXXXXXX XX/XX/XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXX FCRA 605B ( 15 U.S.C. 1681c-2 ) ( a ) Block. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information.

in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4.

business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer.

( 2 ) a copy of an identity theft report.

( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer.

( b ) Notification. A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) of this section ( 1 ) that the information may be a result of identity theft.

( 2 ) that an identity theft report has been filed.

( 3 ) that a block has been requested under this section; and ( 4 ) of the effective dates of the block.

( c ) Authority to decline or rescind.

( 1 ) In general. A consumer reporting agency may decline to block, or may rescind any block, of information relating to a consumer under this section, if the consumer reporting agency reasonably determines that ( A ) the information was blocked in error, or a block was requested by the consumer in error ; ( B ) the information was blocked, or a block was requested by the consumer, on the basis of a material misrepresentation of fact by the consumer relevant to the request to block ; or ( C ) the consumer obtained possession of goods, services, or money as a result of the blocked transaction or transactions.

( 2 ) Notification to consumers. If a block of information is declined or rescinded under this subsection, the affected consumer.

shall be notified promptly, in the same manner as consumers are notified of the reinsertion of information under section 1681i.

( a ) ( 5 ) ( B ) of this title.

( 3 ) Significance of block. For purposes of this subsection, if a consumer reporting agency rescinds a block, the presence of information in the file of a consumer prior to the blocking of such information is not evidence of whether the consumer knew.

or should have known that the consumer obtained possession of any goods, services, or money as a result of the block.

( d ) Exception for resellers.

( 1 ) No reseller file. This section shall not apply to a consumer reporting agency, if the consumer reporting agency ( A ) is a reseller.

( B ) is not, at the time of the request of the consumer under subsection ( a ) of this section, otherwise furnishing or reselling a consumer report concerning the information identified by the consumer; and ( C ) informs the consumer, by any means, that the consumer may report the identity theft to the Bureau to obtain consumer information regarding identity theft.

( 2 ) Reseller with file. The sole obligation of the consumer reporting agency under this section, with regard to any request of a consumer under this section, shall be to block the consumer report maintained by the consumer reporting agency from any subsequent use, if ( A ) the consumer, in accordance with the provisions of subsection ( a ) of this section, identifies, to a consumer reporting agency, information in the file of the consumer that resulted from identity theft ; and ( B ) the consumer reporting agency is a reseller of the identified information.

( 3 ) Notice In carrying out its obligation under paragraph ( 2 ), the reseller shall promptly provide a notice to the consumer of the decision to block the file. Such notice shall contain the name, address, and telephone number of each consumer reporting.

agency from which the consumer information was obtained for resale.

( e ) Exception for verification companies. The provisions of this section do not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, except that, beginning 4 business days after receipt of information described in paragraphs ( 1 ) through ( 3 ) of subsection ( a ) of this section, a check services company shall not report to a national consumer reporting agency described in section.

1681a ( p ) of this title, any information identified in the subject identity theft report as resulting from identity theft.

( f ) Access to blocked information by law enforcement agencies. No provision of this section shall be construed as requiring a consumer reporting agency to prevent a Federal, State, or local law enforcement agency from accessing blocked information in a consumer file to which the agency could otherwise obtain access under this subchapter.

Company response to consumer: Closed with explanation