Consumer complaint received 2024-12-15 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: TX

Complaint narrative:
To Whom It May Concern, I recently visited myFICO.com and was astounded to find a fraudulent account being reported by several entities, including XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) and EQUIFAX. This fraudulent account is accompanied by numerous fraudulent inquiries and false information. 

In response to this alarming discovery, Ive made numerous attempts to contact these entities to discuss and resolve the matter. However, Im deeply disappointed to see that the fraudulent account persists on myFICO.com, and the entities involved continue to report it and spread misinformation.

Ive repeatedly contacted these entities to address this issue and discourage the spread of fraudulent information and negative accounts. These accounts are a direct result of identity theft and multiple data breaches committed by XXXX, XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX, and EQUIFAX. 

The devastating impact of identity theft on my credit has made rebuilding my life an arduous task. During this challenging period, Ive thoroughly studied the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ), uncovering numerous violations committed by entities such as XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, and XXXX XXXX XXXX. 

I formally requested immediate action from the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), the Texas State Attorney General, and the XXXX XXXX XXXX XXXX XXXX  ) to address fraudulent issues perpetrated by XXXX XXXX  XXXX XXXX XXXX XXXX XXXX and XXXX XXXX and XXXX. This constitutes my final warning and a cease and desist order. 

Although I am not a credit repair company or consultant, I am well-informed about the applicable laws and have sworn statements, affidavits of truth, and notarized Federal Trade Commission complaints as evidence in my SOLIDIFYING MY STATEMENTS case. I have identified several violations. 

- 15 USC 1692c ( b ) - 15 U.S. code 1681s-2 - 15 U.S. code 1681a ( 2 ) ( 1 ) - 15 U.S. code 1681 ( 3 ) ( e ) - 15 U.S. code 16811 - Procedure in case of disputed accuracy - 15 U.S. code 1681b - Permissible purposes of consumer report - H.R. 3046 Social Security number privacy and identity Theft Prevention Act of 2007 - Section 326 of the XXXX XXXX XXXX - Gramm- leach-Bliley Act - 15 USC 1681B c-2 Furthermore, Im requesting that all information obtained through identity theft be completely blocked. This action constitutes a formal cease and desist from the fraudulent account number XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX, XXXX ( Account Number : XXXX XXXX XXXX XXXXXXXX, Opening Date : XX/XX/XXXX, Account Status : Closed, Past Due Amount : {$160.00} as of XX/XX/XXXX, Credit Usage Percentage : 163 %, Current Balance : {$8100.00} ). 
- **Last Balance Update : ** XX/XX/XXXX **Recent Inquiries : ** - XXXX XXXX : Inquired on XX/XX/XXXX - XXXX : Inquired on XX/XX/XXXX - XXXX XXXX XXXX : XXXX XXXX XX/XX/XXXX - XXXX XXXX : Inquired XXXX XX/XX/XXXX - XXXX XXXX XXXX : XXXX XXXX XX/XX/XXXX - XXXX XXXX  : Inquired on XX/XX/XXXX, requesting an accounting report under 15 US Code 1605 ( a ). However, exceptions apply as per 15 US Code 1681a ( 2 ) ( I ).

The term consumer report doesnt encompass reports solely containing transaction or experience information between the consumer and the reporter, unless the reporter is subject to sections ( 1681s3 ) of this title.. 

I specifically denied authorization to XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and Equifax to obtain my personal identifying information through aggravated identity theft. The consumer credit contract alone isnt sufficient to validate the debt. Validation requires presenting the account and a signed and dated general ledger statement from the account holder. 

References : - XXXXXXXX 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 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 XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Request for accounting XXXX XXXX XXXX XXXX Consumer Report clearly violates Metro2 compliance. Please provide the Metro2 compliance disclosure on reporting transactions to a consumer report. 

I understand that my Social Security Number ( SSN ) is registered with the Social Security Administration ( SSA ), and any purchases made using it are obligatory under 18 U.S.C. 8. However, XXXX, XXXX EQUIFAX, and XXXX XXXX continue to report fraudulent accounts, which constitutes a violation of the False Claims Act ( FCA ) 31 U.S.C. 3729-3733. Additionally, you are violating 18 U.S.C. 894 for using my consumer report in an extortionate manner to coerce me into paying for alleged debt that I do not owe. 

I am not consenting to these companies sharing my personal information with my consumer report. I did not authorize or permit you to obtain my personal identifying information through aggravated identity theft ( 18 U.S.C. 1028A ). This notice serves as a cease and desist order for any illegal activities, including reporting and collection. It also informs me of my rights to prevent XXXX, XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX EQUIFAX, and XXXX XXXXXXXX XXXX XXXXXXXX from processing my personal data. 

Under 18 U.S.C. 1028A, aggravated identity theft requires more than just a copy of my consumer credit contract to validate a debt. Presenting the account and a signed and dated general ledger statement from the accounts responsible party is essential. Several court cases support this requirement, including XXXXXXXX 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 Request for XXXX XXXX. ( F.R.E. ) XXXX, and 15 USC 1681 ( a ) ( 4 ) prohibit late payments if a finance charge is included. The Fair Credit Reporting Act, Section 609 ( a ) ( 1 ) ( A ), mandates verification of original signed consumer contracts for all accounts listed on credit reports to prevent fraudulent accounts. Therefore, I demand verifiable proof, such as an original signed consumer contract with my signature, from the account listed below. Failure to provide this verification will negatively impact my creditworthiness.

FCRA : FCRA : Delete unverified accounts. If you cant provide proof, delete the listed accounts. Block these transactions from your consumer report in four days. Reporting excluded info violates Metro2 compliance. Provide the compliance disclosure when reporting transactions. Title 1.81.5 of the California Consumer Privacy Act applies. Consumers can request inaccurate info corrections. Businesses must disclose this right and use reasonable efforts to correct it. 

Consumers can opt-out of the sale or sharing of their personal information, as per Section 1798.130 and regulations. Businesses must notify consumers that this info may be sold or shared and provide an opt-out option. ( Added XX/XX/XXXX, by XXXX XXXX, Sec. XXXX. XXXX XXXX XXXX XXXXXX/XX/XXXX. XXXX XX/XX/XXXX, pursuant to Sec. XXXX of XXXX XXXX. ) XXXX. 
Consumers can opt out of the sale or sharing of their personal information at any time. Businesses must provide notice to consumers, as per Section 1798.135, that this information may be sold or shared and that consumers have the right to opt out. ( Added XX/XX/XXXX, by XXXX XXXX, Sec. XXXX. Effective XX/XX/XXXX. XXXX XX/XX/XXXX, pursuant to Sec. XXXX of XXXX XXXX. ) XXXX. 

I look forward to your response. 

15 U.S. Code 1681n - Civil liability for willful noncompliance U.S. Code Notes prev | next ( a ) Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to consumers is liable to that consumer in an amount equal to the sum of : ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00}. 15 U.S.C 1681 section 602 A.

( b ) States that I have the right to privacy. 15 U.S. C 1681 section 604 A.

Section 2 states that a consumer who reported to an agency cant provide an account without my written permission. 15 U.S.C 1692c Without the consumers direct consent or a courts permission, a debt collector cant contact a consumer about debt collection. competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt. A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt.

Without limiting the general application of the foregoing, the following conduct constitutes a violation. A debt collector may not employ any false, deceptive, or misleading representations or means in the collection of any debt. 15 USC 1681 ( a ) ( 4 ) It is essential to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for consumers privacy rights. Therefore, I demand the deletion of all personal identifiable information from my consumer credit report, except for the following : 1. My full legal name : First and Last Name 2. My address : Address, City, State Zip Code Please delete all other addresses. I can not receive mail or correspondence at these outdated addresses, and I lack access to them. Therefore, please delete these outdated addresses and update the address with the one provided above. 

Additionally, I request the deletion of all other phone numbers. 

Furthermore, I demand that my Social Security Number and Date of Birth be removed from the credit file for privacy reasons. 

I also request the deletion of all information in the Employer section. 

**NOTICE TO AGENT IS NOTICE TO PRINCIPAL** As a federally protected consumer under the Fair Credit Reporting Act ( 15 USC 1681 ( a ) ( 4 ) ), I have the right to privacy. Denying me these rights constitutes a direct violation of 15 USC S1681 and all its subsections.

Furthermore, I demand that you cease all unauthorized inquiries to my consumer report. Additionally, I request a {$1000.00} settlement for the inconvenience caused.

These are the associated accounts. Your actions violate the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S.C 1681b ( a ) 3 ( f ) ( i ). 

**NOTICE TO AGENT IS NOTICE TO PRINCIPAL**. 

XXXX XXXXXXXX XXXX XXXX XXXXXXXX **Date Opened : ** XX/XX/XXXX **Status : ** Closed **Past Due Amount : ** {$160.00} as of XX/XX/XXXX XXXXCredit Usage : ** 163 % **Balance : ** {$8100.00} **Balance Updated : ** XX/XX/XXXX **Inquiries : ** - XXXX XXXX : Inquired on XX/XX/XXXX - XXXX : Inquired on XX/XX/XXXX - XXXX XXXX XXXX : Inquired on XX/XX/XXXX XXXX XXXX XXXX : Inquired on XX/XX/XXXX XXXX XXXXXXXX XXXX XXXX : Inquired on XX/XX/XXXX XXXX XXXX XXXX  : Inquired on XX/XX/XXXX **Important Information Regarding the Fair Credit Reporting Act ( FCRA ) and its guidelines for permissible purposes : ** Under the FCRA, a person may not use or obtain a consumer report for any purpose unless : 1. The consumer report is obtained for a purpose authorized under this section.

2. The purpose is certified in accordance with section 1681b ( f ). Chester v. Purvis, 260 F. Sup 2d 711 ( S.D. Ind. 2003 ).

15 USC {$16000.00} ( c Furnishing reports in connection with credit or insurance transactions that are not initiated by a consumer ) Additionally, this serves as a cease and desist notice against any fraudulent accounts being reported, and any reporting is considered collection activities.

**Important Note : ** This notice is not directed to the agent but to the principal.

**Important Note : ** This notice is not directed to the agent but to the principal. 

( XXXX XXXX XXXX XXXX and Equifax ) Im writing to inform you that I didnt authorize or grant you permission to obtain my personal identifying information through aggravated identity theft, as per 18 U.S.C 1028A. This is a formal cease and desist notice for all illegal activities, including reporting, which constitutes collection activities.

Furthermore, Im exercising my rights under 15 U.S.C 1681 section 602 A to prevent the processing of my personal data, which affirms my right to privacy. Additionally, section 604 A of 15 U.S.C prohibits a consumer reporting agency from disclosing my account information without my written consent. Lastly, under 15 U.S.C 1692c, a debt collector may not communicate with me about debt collection without my prior consent or the explicit permission of a competent court. Debt collectors are also prohibited from using unfair or unconscionable methods to collect or attempt to collect any debt.

Specifically, the following actions constitute violations of these laws : - Using false, deceptive, or misleading representations or means in connection with debt collection.

- Disclosing nonpublic personal information to a third party without providing a notice that complies with section 6803 of this title.

Please note that this notice doesnt waive my rights, and I retain the right to take further action if necessary. The financial institution clearly and conspicuously discloses to consumers, in writing, electronically, or through any other permitted form under section 6804 of this title, that such information may be disclosed to a third party. Additionally, consumers are given the opportunity before the initial disclosure to direct that the information not be disclosed to the third party. Furthermore, consumers are provided with an explanation of how to exercise this nondisclosure option.

**Notice to Agent : ** This is a formal notice to the agent of the principal.

**Notice to Principal : ** This is a formal notice to the principal.

**Notice to Agent : ** This is a formal notice to the agent of the principal. 

**XXXX/Equifax/XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 15 U.S.Code 1601 : ** Congressional findings and declaration of purpose ( a ) Informed credit usage : The Congress recognizes that promoting informed credit usage can enhance economic stability and strengthen competition among financial institutions and other firms extending consumer credit. This is achieved by increasing consumers awareness of the costs associated with credit. This subchapter aims to ensure transparent disclosure of credit terms, facilitating easy comparison of various terms and preventing uninformed credit decisions. Additionally, it seeks to safeguard consumers from inaccurate and unfair credit billing and credit card practices. 

**Account Details : ** **Account Number : ** XXXX **Opening Date : ** XX/XX/XXXX **Account Status : ** Closed **Past Due Amount : ** {$160.00} as of XX/XX/XXXX **Credit Usage Percentage : ** 163 % **Current Balance : ** {$8100.00} **Last Balance Update : ** XX/XX/XXXX **Recent Inquiries : ** - XXXX XXXX : Inquiry on XX/XX/XXXX - XXXX  : Inquiry on XX/XX/XXXX - XXXX XXXX XXXX : Inquiry on XX/XX/XXXX - XXXX XXXX XXXX Inquiry on XX/XX/XXXX - XXXX  XXXX XXXX : Inquiry on XX/XX/XXXX - XXXX XXXX  : Inquiry on XX/XX/XXXX. 

I am writing to bring to your attention a recurring issue with fraudulent accounts on my consumer reports that I never authorized. This has been repeatedly reported to XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX, XXXX XXXX and XXXX, XXXX, and Equifax. 

I have never provided any verbal or written consent to report any information on my consumer report. Therefore, any consent does not constitute identity theft. I have attached a copy of the relevant law for your reference. 

Furthermore, you have no legitimate purpose to disclose my personal information to any third party. 

According to 15 USC 1681b ( Permissible purpose ) of consumer reports, any consumer reporting agency may furnish a consumer report under the following circumstances and only those : ( 2 ) In accordance with the written instructions of the consumer to whom it relates.

As a consumer, I am demanding the deletion of all associated accounts in this complaint. Any use or obtaining of a consumer report for any purpose is prohibited unless : 1. The consumer report is obtained for a purpose authorized under this section.

2. The purpose is certified in accordance with section 1681b ( f ). 

XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( S.D. XXXX. XXXX ). XXXX XXXX XXXX XXXX ( c ) Furnishing reports in connection with credit or insurance transactions initiated by the consumer. 

Information regarding ( collection ) Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not disclose to any person a record of inquiries in connection with a credit or insurance transaction initiated by the consumer.

15 U.S. Code 1681i - Procedure in case of disputed accuracy ( a ) Reinvestigations of disputed information ( XXXX ) Reinvestigation is mandatory ( A ) in general, subject to subsection ( f ) and excluding as provided in subsection ( g ), if the completeness or accuracy of any piece of information in a consumers file at a consumer reporting agency is questioned by the consumer and the consumer directly notifies the agency. 

Indirectly through a reseller, the agency will conduct a free reinvestigation to verify the disputed information. Before the 30-day period begins from the date the agency receives the dispute notice from the consumer or reseller, they will record the current status of the disputed information or delete the item from the file, as per paragraph ( 5 ).

15USC 1681a ( 2 ) ( I ) Exclusions.Except as specified in paragraph ( 3 ), the term consumer report doesnt include ( A ) any report, subject to section ( 1681s3 ) of this title, that solely focuses on transactions or experiences between the consumer and the person making the report.

15USC 1681a ( 2 ) ( I ) Exclusions.Except as specified in paragraph ( 3 ), the term consumer report doesnt include ( A ) any report, subject to section ( 1681s3 ) of this title, that solely contains information about transactions or experiences between the consumer and the person making the report.

An investigative consumer report is a consumer report or part thereof that includes information about a consumers character, general reputation, personal characteristics, or lifestyle, obtained through personal interviews with neighbors, friends, or associates of the consumer. However, this information should not include specific factual details about a consumers credit record, which can be directly obtained from a consumers creditor or a consumer reporting agency.

A copy of the consumer credit contract alone is not sufficient to constitute a consumer report.

To validate the debt, the agency must present the account and a signed and dated general ledger statement from the party responsible for maintaining the account. 

For instance, in the case of 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 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 XXXX XXXX XXXX, the Uniform Commercial Code ( UCC ) XXXX, Request for XXXX, XXXX. ( F.R.E. ) XXXX, states that you are entitled to the original document, which can not be produced because it was destroyed when the Federal Reserve purchased your application for credit. 

Furthermore, XXXX XXXXXXXX XXXX XXXX XXXX XXXX and XXXX are also involved in multiple violations and egregious acts in their grotesque, mismanagement, and handling of identity-sensitive personal information and data. 15 USC 1692c ( b ) ( 15 U.S. code 1681s-2 ) outlines the responsibilities of these entities.

Furnishers of information to consumer reporting agencies, as per 15 U.S. Code 1681a ( 2 ), I am writing to request the immediate removal of all my personal information from your companies systems, as it has been violated by F.R.C.P. ( F.R.E. ) 1002, 15 USC 1681 ( a ) ( 4 ), XXXX XXXX, Equifax, and numerous data breaches. 

**Account Details : ** - **Account Number : ** XXXX XXXX XXXX XXXXXXXX - **Opening Date : ** XX/XX/XXXX - **Account Status : ** Closed - **Past Due Amount : ** {$160.00} as of XX/XX/XXXX - **Credit Usage Percentage : ** 163 % - **Current Balance : ** {$8100.00} - **Last Balance Update : ** XX/XX/XXXX **Recent Inquiries : ** - XXXX XXXX : Inquiry on XX/XX/XXXX - XXXX : Inquiry on XX/XX/XXXX - XXXX XXXX XXXX : Inquiry on XX/XX/XXXX - XXXX XXXX XXXX Inquiry on XX/XX/XXXX - XXXX  XXXX XXXX : Inquiry on XX/XX/XXXX - XXXX XXXX  : Inquiry on XX/XX/XXXX. Request for Accounting I kindly request that you take immediate action to rectify this privacy violation and ensure that my personal information is no longer accessible to your companies systems. 

Additionally, I seek monetary compensation for each violation of the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act. My actual damages include XXXX XXXX XXXX XXXX XXXX XXXX humiliation, embarrassment, and anger. These encompass all unpleasant mental reactions, including fright, grief, shame, humiliation, embarrassment, anger, chagrin, disappointment, worry, and XXXX. 

For reference, please refer to XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) ; XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX Cir. XXXX ) ; and XXXX v. XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX Cir. XXXX ). Other categories of damages include loss of credit opportunities. XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX Cir. XXXX ). Plaintiffs XXXX also recover damages for credit defamation. XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX Cir. XXXX ). Economic or financial losses are also recoverable. XXXX v. XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX Cir. XXXX ). The total compensation per consumer reporting agency is {$10000.00}. 

Please send the compensation to the following addresses : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Texas XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, XXXX, and Equifax are blatantly violating numerous U.S. codes and legislation for the following reasons : 1. **15 USC 1692c ( b ) : ** They are engaging in unauthorized communication with third parties regarding my debt.

2. **15 U.S. Code 1681s-2 : ** They are persistently failing to correct and update inaccurate information in my consumer reports.

3. **15 U.S. Code 1681a ( 2 ) ( 1 ) : ** They are persistently misusing or misrepresenting definitions and rules pertaining to consumer reporting.

4. **15 U.S. Code 1681 ( 3 ) ( e ) : ** They are persistently misusing or misrepresenting definitions and rules related to consumer reporting.

5. **15 U.S. Code 1681i : ** They are persistently failing to implement adequate procedures for disputing the accuracy of my consumer reports.

6. **15 U.S. Code 1681b : ** They are persistently unauthorizedly accessing or utilizing my consumer reports for inappropriate purposes. 
7. **H.R. 3046 Social Security Number Privacy and Identity Theft Prevention Act of XXXX : ** They are persistently violating the law by using or disclosing my Social Security numbers without authorization. 
8. **Section 326 of the XXXX XXXX XXXX : ** They are persistently failing to verify my identification when I provide it to financial institutions. 
9. **Gramm-Leach-Bliley Act, Section 501 : ** They are persistently failing to ensure the security and confidentiality of my personal and financial information.

10. **Gramm-Leach-Bliley Act, Section 502 : ** They are persistently unauthorizedly sharing my non-public personal information with non-affiliated entities.

Company response to consumer: Closed with non-monetary relief