Consumer complaint received 2024-05-19 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: NE

Complaint narrative:
I have received my latter back in mail from XXXX and Equifax I have no acknowledgment for the late payment or didnt received no mail OR any notice that this was goin on my credit report this information is inaccurate I do not have no contract with this company can you please send me a copy of my contract that I agreed to this contract with this 3rd party company I have the right to request that send copy of my signature agreeing to do business with these 3 party companys.

If a company adds an item back to your credit report after removing it, it may be due to an improper reinsertion of credit data. This can happen if the furnisher re-reports the item to the credit reporting companies as part of their normal credit reporting updates. If the credit reporting company accepts the reinsertion, they are required to provide a notice of reinsertion to the consumer within five busi
ness days. Reinsertion is legal only if the credit reporting agency has followed the appropriate procedures outlined in the Fair Credit Reporting Act ( FCRA ). The FCRA states that the credit reporting agency may not reinserte information on a credit file unless the furnisher of the information certified that the information is accurate. The FCRA also requires that the credit bureau must provide a letter notifying the consumer that the tradeline is back on their credit report. 

XXXX XXXX XXXX Account number ( XXXX ) [ XXXX XXXX XXXXXXXX DATE OPENED XX/XX/XXXX ACCOUNT NUMBER ( XXXX ) and account number ( XXXX XXXX ( XXXX XXXX XXXX  Have to different accounts Number how is this information accurate ) ] TN CHILD SUPPORT ACCOUNT NUMBER ( XXXX ) this company has violated my rights by putting it back on my credit report without my permission or acknowledgment do we have an arbitration agreement please show me you have one on file reasonably determined. 
I have the right to privacy and I see my mail have been exposed to others and my privacy has been violated by the government and I dont think that should be allowed to do that because it was my rights that was violated and that was a violation of the Constitution and government law I feel that I have no right to privacy to be protected from being harassed or attacked from these laws violation my rights are violated and protected by the Constitution law. I will like a XXXX per violation I have been sending mail notices and more to remove this from my credit report asap and I will file a law arbitration suit against these companys. 

15 USC 1692g Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send theconsumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by thedebt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the currentcreditor. 
( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumerrequests the name and address of the original creditor, the debt collector shall cease collection of thedebt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the originalcreditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor.Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of theconsumers right to dispute the debt or request the name and address of the original creditor.

( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. 
( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ). 
( XXXX ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal orState law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section.

15 USC 1692 ( k ) Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorneys fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorneys fees reasonable in relation to the work expended and costs.

( b ) Factors considered by court In determining the amount of liability in any action under subsection ( a ), the court shall consider, among other relevant factors ( 1 ) in any individual action under subsection ( a ) ( 2 ) ( A ), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or ( 2 ) in any class action under subsection ( a ) ( 2 ) ( B ), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collectors noncompliance was intentional.

( c ) Intent A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.

( d ) Jurisdiction An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.

( e ) Advisory opinions of Bureau No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Bureau, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.

15 USC 1666 ( b ) Timing of Payment ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. 

Account name XXXX  Account number XXXX Account type I have paid the payment in full payment. Undate late payment. 

Account name XXXX XXXXXXXX XXXXXXXX XXXX Account number XXXX I have paid the payment in full payment. Update later payment. 

( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. 

This Company have violated my rights and I have sent many complaints for them to remove this from my credit report CHILD SUPPORT DO NOT REPORT TO CREDIT BUREAU. 


Child support is unconstitutional because it violates the separation of powers required by the State and US constitution.

Title IV-D STATE OF TENNESSEE OFFICE OF THE ATTORNEY GENERAL XXXX XXXX XXXX XXXX, TENNESSEE XXXX XX/XX/XXXX Opinion No. 07-149 Relationship between Child Support Enforcement Attorneys and Applicants for Child Support Enforcement Services QUESTIONS 1. Does the Department of Human Services ( Department ) or its contractors that provide child support enforcement services have an attorney-client relationship with the individuals who apply for or who receive such services?

2. What legal interests does Tennessee have in child support issues?

OPINIONS 1. No. Neither the Department nor its contractors that provide child support enforcement services have an attorney-client relationship with the individuals who apply for or who receive such services. 
XXXX. Tennessee possesses several significant interests in child support issues. 
XXXX  XXXX. 
Tennessee is a participant in the federally funded child and spousal support program created by Title IV-D of the Social Security Act ( Title IV-D ), 42 U.S.C. 651 et seq. To receive federal funds under Title IV-D, Tennessee is required to implement a plan for spousal and child support that must meet numerous requirements, including the enactment of laws to improve child support enforcement effectiveness. 42 U.S.C. 654 ( 20 ) ( A ). As part of this requirement under Title IV-D, Tennessee enacted a law that provides that individuals who apply for or who receive welfare benefits assign their rights to the State to receive child support : Each applicant or recipient who receives or authorizes payment of public or temporary assistance pursuant to Title IV-A or IV-E of the Page 2 Social Security Act or any successor program providing temporary assistance or foster care or adoption assistance shall be deemed to have assigned to the state any rights to support from any other person such applicant or recipient may have : ( A ) In the applicant 's own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid ; and ( B ) That have accrued at the time such assignment is executed. Tenn. Code Ann . 71-3-124 ( a ) ( 1 ).

The same is true for children who enter State custody. Placing a child in the custody of the State constitutes an automatic application by the State for Title IV-D child support enforcement services : Notwithstanding the provisions of subsection ( a ), placement of a child in the custody of an agency of the state shall make the parents of that child liable for support from the effective date of the court 's order. The court 's placement of the child 's custody with the state shall be deemed as an automatic application by the state, as custodian of the child, for child support services from the department of human services Title IV-D child support program.

Id. at 37-1-151 ( b ) ( 1 ). Even individuals who do not otherwise qualify for welfare benefits may apply for and receive Title IV-D services. Id. at 71-3-124 ( c ) ( 1 ).

Under Tennessee law, the Department may enter into contracts with private entities that will provide child support enforcement services for any applicants who request Title IV-D services, and these entities may file actions to create or enforce support obligations on the States behalf : The department or any entity, public or private, that contracts with the department to establish paternity or to establish, modify or enforce child or spousal support pursuant to the provisions of Title IV-D of the Social Security Act shall have authority and standing to file any legal actions to establish paternity or to establish, modify or enforce child or spousal support in any judicial or administrative proceeding on behalf of the department and the state for persons who have assigned rights of support to the department pursuant to this section, or who have otherwise applied for child or spousal support services pursuant to the provisions of subdivision ( c ) ( 1 ) or Title IV-D of the Social Security Act. The department or its contractors may file such legal actions without the necessity of intervening in an existing action or naming the state as a party to the action. The department or Page 3 its contractors shall not be required to provide proof that the obligor, the obligee or the child has applied for or is receiving Title IV-D child support services in order to meet the requirements for conducting Title IV-D child support judicial or administrative actions.

Id. at 71-3-124 ( c ) ( 2 ) ( emphasis added ).

There is not an attorney-client relationship between an attorney who provides child support enforcement services under Title IV-D and an individual who applies for or receives such services, and IV-D attorneys, in fact, possess an affirmative obligation to inform the individuals of that fact : The provision of services under a child support enforcement program that includes services by an attorney or an attorney 's representative employed by, under contract to, or representing the department shall not create an attorney-client relationship with any party other than the state. Attorneys employed by or under contract to the department shall have an affirmative duty to notify individuals applying for child support services or temporary assistance for needy families ( TANF ) recipients or recipients of any successor program providing temporary assistance whose rights to support have been assigned, who contact or are contacted by the attorney or other child support enforcement program staff that any legal services provided by the child support enforcement program are solely on behalf of the state, and that no incidents of the lawyer-client relationship, including the confidentiality of lawyer-client communications, exist between the attorney and the applicant or recipient. No such duty shall exist when the applicant for services is another governmental agency acting on behalf of an individual and there is no direct contact between the child support enforcement program and the individual seeking support. 
Tenn. Code Ann . 71-3-124 ( d ) ( emphasis added ).

In construing statutes, we must ascertain and give effect to the legislative intent without unduly restricting or expanding a statutes coverage beyond its intended scope. XXXX v. XXXX XXXX, 879 S.W.2d 807, 809 ( Tenn. XXXX ). When the statute is unambiguous, legislative intent is determined from the statutes plain and ordinary meaning of the language used. XXXX XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX, XXXX ( Tenn. XXXX ). The statutory language must be read in the context of the entire statute, without any forced or subtle construction which would extend or limit its meaning. XXXX XXXX XXXX. v. XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX ). Statutes that are related to the same subject matter are supposed to be read in pari materia. In re XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX ). We must construe the statute so that no part will be inoperative, superfluous, void or insignificant. State v. XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX ). 

Page XXXX Applying the above principles of statutory interpretation, we conclude that, given the unambiguous provisions discussed above, neither the Department nor its contractors have an attorney-client relationship with the individuals who apply for or who receive child support enforcement services under Title IV-D. Tenn. Code Ann. 71-3-124 ( d ). Because individuals who apply for and receive Title IV-D services assign their rights to receive support to the State, the Department or its contractors do not represent the individuals but instead represent the State. Tenn. Code Ann . 37-1-151 ( b ) ( 1 ), 71-3-124 ( a ) ( 1 ) and 71-3-124 ( c ) ( 2 ). The Department or its contractors prosecute child support actions solely on behalf of the State, and the attorneys employed in this capacity have only the State as a client. 
Further, it is not unethical for attorneys providing Title IV-D services to prosecute child support actions.1 In a 1990 formal ethics opinion, the Board of Professional Responsibility ( Board ) concluded that all attorneys employed in programs administered by the [ Department ] pursuant to Title IV-D... are advocates of the state and never, at any time, have a client-attorney relationship with a recipient of funds, services and/or grants. Tenn. S. Ct. Bd. of Prof'l Responsibility Formal Op. XXXX, at XXXX ( XXXX ). The Board found that the affirmative duty of attorneys employed by the Department or its contractors to inform applicants that the legal services provided are solely on behalf of the State gave sufficient disclosure to the applicants. Id. The Board also found that there is no impropriety in the same attorney seeking support or modification of support for one parent after a change of custody and having previously participated in establishing support for the other parent ; nor is there any impropriety in the same attorney seeking support for several individuals from the same person, i.e. support being sought from a father who has several children by different women. Id. at 3. 
2.

Tennessee has several significant interests in child support issues. First, enacting laws that provide for the support and maintenance of children constitutes a preeminent exercise of the States police powers. Livesay v. Tennessee Bd. of Examiners in Watchmaking, 322 S.W.2d 209, 211 ( XXXX XXXX ) ( stating that the police power of the State embraces all matters reasonably expedient for the safety, health, morals, comfort and general well-being of its people, as a unit ). Moreover, Title IV-D requires that participating states establish guidelines for child support award amounts within the State. 42 U.S.C. 667 ( a ). Tennessee has a clear interest in complying with this requirement in order to maintain its receipt of federal funds under Title IV-D. The Child Support Guidelines ( Guidelines ) must be employed in every judicial or administrative action to establish, modify, or enforce child support. XXXX XXXX. XXXX & XXXX. XXXX ( XXXX ) ( a ). The Guidelines explain that the major goals in developing and applying them to child support cases are to : ( a ) Decrease the number of impoverished children living in single parent families ; 1At the same time, however, we note that the Boards ethics opinions are not legally binding. State XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX ). As such, XXXX XXXX XXXX XXXX XXXX ( d ) controls. 


Page 5 ( b ) Make child support awards more equitable by ensuring more consistent treatment of persons in similar circumstances while ensuring that the best interests of the child in the case before the tribunal are taken into consideration ; ( c ) Improve the efficiency of the tribunal process by promoting settlements and by giving tribunals and parties guidance in establishing appropriate levels of support awards ; ( d ) Encourage parents paying support to maintain contact with their child ; ( e ) Ensure that, when parents live separately, the economic impact on the child is minimized, and, to the extent that either parent enjoys a higher standard of living, the child shares in that higher standard ; ( f ) Ensure that a minimum amount of child support is set for parents with a low income in order to maintain a bond between the parent and the child, to establish patterns of regular payment, and to enable the child support enforcement agency and party receiving support to maintain contact with the parent paying support ; and ( g ) Allocate a parents financial child support responsibility from the parents income among all of the parents children for whom the parent is legally responsible in a manner that gives equitable consideration, as defined by the Departments Guidelines, to children for whom support is being set in the case before the tribunal and to other children for whom the parent is legally responsible and supporting.

Tenn. Comp. R. & Regs. 1240-2-4-.01 ( 3 ). 
As the Supreme Court has noted, the Guidelines have the force and effect of a legislative mandate. XXXX v. XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX ). In our view, the Guidelines and their goals are proper exercises of the States police powers to insure the safety, health, morals, comfort and general well-being of its people. Livesay, 322 S.W.2d at 211. 

Page XXXX Requested by : Honorable XXXXXXXX XXXX State Senator XXXXXXXX XXXX XXXX XXXX XXXXXXXX, TN XXXX XXXX XXXX XXXX, XXXX Attorney General XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Attorney General In the case of XXXX XXXX XXXX : a post-judgment child support order issued by an administrative law judge ( ALJ ) and raises constitutional challenges to the administrative child support process governed by Minn.Stat. 518.5511 ( 1996 ). They had addressed the separation of powers issue and conclude that theadministrative child support process constitutes an impermissible transfer of judicial power to the executive branch, in violation of the separation of powers. It also reads, " ... powers of the three branches may be shared in some limited way, and one branch must have the ability to " check '' the exercise of powers by the other branches. This " checking '' requirement, formulated as the separation of powers doctrine, " has never been an absolute division of governmental functions in this country, nor was such even intended. " Id.at XXXX ( footnote omitted ). Moreover, there has never been an all-inclusive definition of " judicial power '' : XXXX of XXXX XXXX, sec XXXX XXXX XXXX v. XXXX, XXXX XXXX XXXX XXXX XXXX ). For the purposes of this case, we need not identify the source of [ the right to travel ] in the text of the Constitution. The right of free ingress and regress to and from neighboring states which was expressly mentioned in the text of the Article of Confederation, may simply have been conceived from the beginning to be a necessary concomitant of the stronger Union the Constitution created. Id. at 501 ( citations omitted ). l affirm that all the foregoing is true and correct. I affirm that I am of lawful age and am competent to make this Affidavit. I hereby affix my own signature to all the affirmations in this entire document with explicit reservation of all my unalienable rights and my specific common law right not to be bound by any contract or obligation which I have not entered into knowingly, willingly, volun-tarily, and without misrepresentation, duress, or coercion. 
THE USE OF THE NOTARY BELOW IS FOR IDENTIFICATION, AND SUCH USE DOES NOT GRANT ANY JURISDICTION TO ANYONE.

FURTHER AFFIANT SAITH NAUGHT.

Subscribed and sworn, without prejudice, as said in the Uniform Commercial Code 1-207/1-308, I saw some hard inquiries that did have not permission purpose. I also attached evidence.These inquiries has no permissible purpose to be on my report. In accordance with the Fair Credit Reporting act. The list of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. 15 U.S.C 1681 section 602 A states 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 an account without my written instructions. 15 U.S.C 1681c ( a ) ( 5 ) section states : no consumer reporting agency may make any of the following items of information any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Delete these inquiries due to violation of 15 USC 1681b Permissible purposes of consumer reports. ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.

INQUIRER NAME 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 XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX Reported XX/XX/XXXX This is not my addresses please remove these address immediately. 15 USC 1681b EQUIFAX Address XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Address XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX is my correct address Please remove theses addresss and information from my credit report immediately I do not live at theses address or have no contracts with these agencies remove items permanently from my credit report. 
Thanks so much for your assistance.

Company response to consumer: Closed with non-monetary relief