Consumer complaint received 2024-11-06 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: GA

Complaint narrative:
Subject : **Immediate Removal of Fraudulent Accounts from Credit Report** I am writing to demand the immediate removal of all fraudulent accounts appearing on my credit report. Under both state and federal laws, these erroneous listings are unlawful and constitute a violation of my rights. I have provided IRS Form 1099-C and 1099-A documents, which confirm the IRS has recognized and discharged these debts, eliminating any basis for the debts to be reported.

Please note the following applicable legal standards : 1. **Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681** This law requires that credit reporting agencies maintain only accurate and verifiable information. Reporting a discharged debt, especially after official IRS confirmation, is considered a breach of the FCRA, and any failure to remove this erroneous data will constitute a willful violation of this statute. 

2. **Truth in Lending Act ( TILA ) 15 U.S.C. 1601** The TILA mandates that lenders provide clear evidence of debt obligation, which must include a signed promissory note or security instrument. There is no signed instrument demanding payment or security instrument by me, XXXX XXXX, to validate these debts. Therefore, there is no enforceable debt, and continued reporting of these accounts violates federal standards. 

3. **Uniform Commercial Code ( UCC ) 9-102 ( a ) ( 23 ) ** Under the UCC, a car is classified as a " consumer good '' when used for personal purposes. Lenders or third-party collectors can not claim the status of an unsecured consumer debt as a basis for collection activities or credit reporting without clear, enforceable documentation.

4. **Prohibition Against " XXXX  '' and Harassment** Any continuation of these misrepresentations could be construed as targeted harassment or " doxing. '' By sharing incorrect financial data, you are exposing me to unnecessary reputational damage, further violating my right to privacy and putting me at risk. This creates a cause of action under both state privacy laws and certain anti-harassment statutes. 

Since you can not present a signed demand or security instrument for these accounts, any further misrepresentation on my credit report is not only unlawful but actionable. Under federal law, you are required to correct all inaccuracies within 30 days of receiving notice. If you fail to comply, I will take all necessary legal steps, including filing complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and any applicable state authorities.

Furthermore, in accordance with 15 U.S.C. 1681n, I will pursue statutory damages, attorney 's fees, and punitive damages should any party attempt to persist in this illegal reporting. To avoid this, you must provide written confirmation within 30 days that the erroneous items have been removed from my credit report. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation