Consumer complaint received 2025-08-11 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: MO

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Missouri XXXX Date : XX/XX/XXXX To : Equifax Information Services LLC Attn : Dispute Department XXXX. XXXX XXXX XXXX, GA XXXX CC : Federal Trade Commission ( FTC ) Consumer Financial Protection Bureau ( CFPB ) Subject : Formal Notice of Intent to Sue for Violation of FCRA Unauthorized Reinsertion of Fraudulent XXXX Account To Whom It May Concern, I am writing to formally notify Equifax of my intent to initiate legal action for your willful and negligent violations of the Fair Credit Reporting Act ( FCRA ) in connection with the unlawful reinsertion of a fraudulent XXXX account into my credit report. 
As a documented victim of identity theft, my personally identifiable information was compromised during the Equifax data breach, for which I received compensation. Since then, I have endured multiple fraudulent account openings and even the diversion of my mail to an unauthorized address. 
I previously disputed the inclusion of the XXXX account, clearly indicating it was fraudulent and the result of identity theft. My dispute included supporting documentation, including an FTC Identity Theft Report. In compliance with 15 U.S.C. 1681c-2 ( FCRA 605B ), you were required to block and delete the fraudulent account from my file. 
On XX/XX/XXXX, my Equifax credit report reflected no XXXX account. However, on XX/XX/XXXX, the XXXX account suddenly reappeared on my report without any written notification to me and without providing the required certifications from the furnisher to justify such reinsertion. This action is a direct violation of 15 U.S.C. 1681i ( a ) ( 5 ) ( B ), which mandates that : A consumer reporting agency that reinserts previously deleted information must notify the consumer in writing within five business days, and such notice must include the name, address, and telephone number of the furnisher of the information.

The FTCs guidance under 16 C.F.R. 611 ( b ) ( 5 ) ( C ) is unequivocal : If information is reinserted without proper notice to the consumer, and without proper certification from the furnisher, the agency must delete the item from the consumers file immediately. 
If you claim that proper notice was provided, you are legally required to produce verifiable proofsuch as a USPS tracking number, certified mail receipt, or signed confirmation of delivery. Failure to produce such evidence will be treated as confirmation that no lawful notice was issued.

To remove any doubt as to the fraudulent nature of this account, I am attaching a copy of the police report that explicitly identifies this XXXX account as the product of identity theft. This further triggers your legal duty under FCRA 605B to block and remove the account from my file without delay. 
Unless the fraudulent XXXX account is permanently deleted from my credit report within 10 business days of your receipt of this letter, I will proceed with litigation and seek damages for violations of : 15 U.S.C. 1681c-2 ( FCRA 605B Identity Theft Block Requirements ) 15 U.S.C. 1681i ( a ) ( 5 ) ( B ) ( Reinsertion Procedures ) 15 U.S.C. 1681n ( Civil Liability for Willful Noncompliance ) 15 U.S.C. 1681o ( Civil Liability for Negligent Noncompliance ) I will also seek actual damages or statutory damages up to {$1000.00} per violation, punitive damages, attorneys fees, and court costs under FCRA 1681n ( a ) ( 1 ) ( A ). 
Relevant Case Law : XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) CRA liability for failing to ensure maximum possible accuracy and properly reinvestigate disputes. 


XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX ( XXXXXXXX XXXX XXXXXXXX ) CRA liability for failing to prevent re-reporting of previously deleted fraudulent data. 


Richardson v. Equifax, 2004 WL 1941344 ( XXXX XXXX ) Failure to notify of reinsertion constitutes a direct 611 violation. 


This letter and all enclosures have been copied to the FTC and the CFPB for regulatory review and enforcement. 

Sincerely, XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX, MO XXXX Enclosures : Copy of FTC Identity Theft Report Copy of Police Report Confirming Identity Theft Copy of Equifax Credit Report XXXX XX/XX/XXXX ( No XXXX Account Listed ) Copy of Equifax Credit Report XXXX XX/XX/XXXX ( XXXX Account Reinserted ) Copy of FCRA 605B The last four digits of my social security number are : XXXX  and date of birth is XX/XX/XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation