Consumer complaint received 2024-05-15 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:
This agency is in clear violation of the law. I obtained a copy of my Equifax Report and noticed the following data furnished below that I found to be inaccurate and incomplete as per 15USC 1681i ( 5 ). I also have not been notified with the description of your last investigation results as per 15USC 1681i ( 7 ). The following collection account with an alleged debt of {$920.00} furnished is inaccurate and not owed to the person. Please provide the original signed consumer agreement where I gave your agency written authorization or permissible purpose to furnish this collection on my report account as per 15USC 1681 ( B ) as well as, all three of my privacy disclosures, ( a-c ) as per 15USC 6802 ( B ) that the person or company allegedly disclosed to me before contacting you with my nonpublic personal information to furnish the collection account. 15 USC 1681 ( 2 ) ( a ) ( i ) that states my transactions or experience to any person making the report are excluded from my consumer report. If you can not provide these documents requested, this data furnished is a result of IDENTITY THEFT and must be removed from my report due to violations of 15 USC 1692 ( g ). This collection account IS NOT IN METRO 2 COMPLIANCE. The original creditor of this alleged debt XXXX XXXX XXXX removed the original account reported from all agencies contacted months ago, before attempting to sell this debt to the third party debt collector XXXX XXXX XXXX that is not owed to either party because XXXX  XXXX could not prove my legal responsibility to this debt due to the data being a direct result of identity theft and this same debt has been reinserted as an inaccurate collections account which violates 15USC1681i ( B ). Company Listed : XXXX XXXX XXXX Date Reported : XX/XX/XXXX Date Opened Listed : XX/XX/XXXX The following installment account with an alleged balance of {$210.00} is not in Metro 2 Compliance and has 3 late transactions furnished on my consumer report. According to 15USC 1666 ( b ) a creditor can not report a LATE PAYMENT unless they mailed a notice received 21 days before the late payment was reported, containing information from 15USC 1637 ( B ). Please provide me with the original statement sent to me from the person making the report, 21 days before each late transaction was furnished on my report. 15USC 1681 ( 2 ) ( a ) ( i ) clearly states that my transactions or experience to any person making the report are excluded from my consumer report. If congress states this data is excluded, Why are there late transactions furnished on my report? Please remove this inaccurate data. Company Listed : XXXX XXXX XXXX XXXX Date Reported : XX/XX/XXXX Date Opened Listed : XX/XX/XXXX - Your agency is also in violation of 15USC 1681b ( a ) 3 ( f ) ( i ) for allowing the following person ( s ) to obtain my report without my written authorization and permissible purpose under FCRA guidelines A person shall not use or obtain a consumer report for any purpose unless : 1 ) The Consumer Report is obtained for a purpose for which the consumer report is authorized to be furnished under this section. 2 ) The purpose is certified in accordance with section 1681b ( f ). XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ). According to 15USC 1681 ( b ) c ) Furnishing Reports in connection with credit or insurance transactions that are not initiated by the consumer ( 3 ) Information regarding inquires ; Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish any record of inquires in connection with a credit or insurance transaction that is not initiated by a Consumer. According to the law referenced, EQUIFAX must remove the following unauthorized inquires that were pulled from my report without my written authorization and permissible purpose Immediately : Person : XXXX  Date Of Inquiry : XX/XX/XXXX Person : XXXXXXXX XXXX XXXX XXXXXXXX Date Of Inquiry : XX/XX/XXXX Person : XXXX XXXX XXXX Date Of Inquiry : XX/XX/XXXX Person : XXXX XXXX XXXX Date Of Inquiry : XX/XX/XXXX Person : XXXX XXXX XXXX XXXX  Date Of Inquiry : XX/XX/XXXX Person : XXXX XXXX Date Of Inquiry : XX/XX/XXXX Person : XXXX XXXX Date Of Inquiry : XX/XX/XXXX Person : XXXX XXXX Date Of XXXX : XX/XX/XXXX Person : XXXX XXXX XXXX XXXX  Date Of Inquiry : XX/XX/XXXX According to 15 USC 1681 ( b ) permissible purpose of consumer reports, THE LAW CLEARLY STATES : ( a ) IN GENERAL Subject to subsection ( c ) any consumer reporting agency MAY furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Did I give you written instructions or permissible purpose to furnish this data on my consumer report? If so, provide the original consumer agreement with my signature that gave you written authorization. According to 15USC 1666 ( b ) a creditor can not report a LATE PAYMENT unless they mailed a notice received 21 days before the late payment was reported, containing information from 15USC 1637 ( B ). Please provide me with the original statement from the person or company of the accounts listed above, sent 21 days before each late transaction was reported to you. 15USC 1666 ( b ) CLEARLY STATES - ( 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. 
( 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. Furthermore, the FAIR CREDIT REPORTING ACT 15USC1681 ( 2 ) ( a ) ( i ) ; EXCLUSIONS FROM A CONSUMER REPORT clearly states how transactions and experiences are excluded from my report - EXCLUSIONS except as provided in paragraph ( 3 ), the term consumer report does not include ( a ) Subject to section 1681 ( section 3 ) of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. Transactional history or experience is EXCLUDED from my consumer report, whether it was late or not. According to 15USC1681 ( e ) it is your obligation as a consumer reporting agency to ensure MAXIMUM ACCURACY of my report by making each person or furnisher of data provide an original signed contract with written authorization the consumer gave them to contact you with nonpublic personal information - ( a ) Identity and purposes of credit users Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report - Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. ( c ) Disclosure of consumer reports by users allowed A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report. According to 15USC 1681a ( 5 ) ; ( 5 ) TREATMENT OF INACCURATE OR UNVERIFIABLE INFORMATION ( A ) In general if after any reinvestigation under paragraph ( 1 ) of any information disputed by a Consumer, an item of information is found to be inaccurate, incomplete or can not be verified the Consumer Reporting Agency shall ( i ) Promptly delete that item of information from the file of the consumer, or modify that item of information as appropriate based on the results of the reinvestigation and ( ii ) Promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer. 
Failure to respond satisfactorily with deletion of the data referenced above and send a free copy of my report after the changes have been made will result in legal action against your company for : 1 ) DEFAMATION OF CHARACTER 2 ) NEGLIGENT ENABLEMENT OF IDENTITY THEFT FRAUD 3 ) FAIR DEBT COLLECTIONS PRACTICES ACT 15 USC 1692g violations 4 ) FAIR CREDIT REPORTING ACT 15 USC 1681 violations for willful noncompliance- 616. CIVIL LIABILITY for willful noncompliance as per 15 USC 1681 ( n ).

Company response to consumer: Closed with non-monetary relief