Consumer complaint received 2025-08-04 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 Dispute Department XXXX. XXXX XXXX XXXX, GA XXXX CC : Federal Trade Commission XXXX FTC ) Consumer Financial Protection Bureau ( CFPB ) Subject : Formal Notice of Intent to Sue Equifax for Violation of the Fair Credit Reporting Act ( FCRA ) Unauthorized Reinsertion of Fraudulent XXXX Account To Whom It May Concern, I am formally notifying Equifax of my intent to file a lawsuit against your organization for violations of the Fair Credit Reporting Act ( FCRA ) stemming from the unlawful reinsertion of a fraudulent XXXX account into my credit file, which I previously disputed. 

I am a confirmed victim of identity theft, and my sensitive personal information was exposed in a data breach. Following this breach, unauthorized accountsincluding the XXXX account in questionwere fraudulently opened in my name, and my mail was diverted to an unauthorized address. 

I properly disputed the XXXX account as fraudulent under 15 U.S. Code 1681c-2 ( FCRA 605B ). The account was initially removed, but has since been reinserted without notificationa clear violation of FCRA 611 ( a ) ( 5 ) ( B ), which mandates that any reinsertion of deleted information must be communicated to the consumer within five business days, and must include the name, address, and telephone number of the furnisher.

Additionally, 16 C.F.R. 611 ( b ) ( 5 ) ( C ), as enforced by the Federal Trade Commission ( FTC ), mandates that if a consumer reporting agency reinserts previously deleted information without properly notifying the consumer and without a certification from the furnisher, the item must be permanently deleted.

If you claim that proper notice was given, I demand you produce documentary proof of receiptincluding tracking information, certified mail documentation, or signed delivery confirmation. If such proof can not be produced, then the reinsertion was illegal, and this account must be deleted immediately and permanently.

Failure to comply with the requirements of the FCRA will result in legal action. I will seek redress for violations of the following provisions : 15 U.S.C. 1681c-2 ( Identity Theft Blocking Requirements ) 15 U.S.C. 1681i ( a ) ( 5 ) ( B ) ( Procedures for Reinsertion of Previously Deleted Information ) 15 U.S.C. 1681n ( Willful Noncompliance Civil Liability ) 15 U.S.C. 1681o ( Negligent Noncompliance Civil Liability ) If this issue is not resolved and the account is not removed within 10 business days, I will file a lawsuit seeking : Actual damages under 15 U.S.C. 1681n ( a ) ( 1 ) ( A ) Statutory damages up to {$1000.00} per violation Punitive damages for willful noncompliance Attorneys fees and court costs Relevant Case Law : Cushman v. Trans Union Corp., 115 F.3d 220 ( 3d Cir. 1997 ) Held CRAs liable for failing to reinvestigate and ensure accuracy.

Dennis v. BEH-1, LLC, 520 F.3d 1066 ( 9th Cir. 2008 ) Reinsertion of previously deleted items without valid certification held as a violation.

Richardson v. Equifax, 2004 WL 1941344 ( N.D. Ill. ) Reinforced that CRAs must notify consumers of reinsertion or face deletion requirements.

This letter and all relevant documentation are being copied to the Federal Trade Commission ( FTC ) and the Consumer Financial Protection Bureau ( CFPB ) for immediate regulatory review.

Please consider this your final opportunity to resolve this issue amicably before legal proceedings commence. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX  XXXX, MO XXXX

Company response to consumer: Closed with non-monetary relief