Consumer complaint received 2024-11-30 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Was not notified of investigation status or results
Company: EQUIFAX, INC.
State: GA

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX To : Consumer Financial Protection Bureau ( CFPB ) XXXX XXXXXXXX XXXX XXXX XXXXXXXX, IA XXXX Subject : Immediate Removal of Unauthorized Accounts, Names, and Addresses ; Violation of FCRA and Federal Laws To Whom It May Concern, The credit reporting agencies continued refusal to block unauthorized information, despite my clear FTC identity theft report and the Certified UCC Search, constitutes a gross violation of the Fair Credit Reporting Act ( FCRA ), Gramm-Leach-Bliley Act ( GLBA ), and Identity Theft Protections under 15 U.S.C. 1681c-2. Under this law, these agencies are legally bound to block fraudulent or disputed information within four business days, and their failure to do so is not only unlawful but also a willful violation of federal mandates. The idea that the credit reporting agencies would attempt to deny this requeston the grounds of previous disputes or any other rationaleignores the reality that I have never authorized the reporting of these items. This misrepresentation of my creditworthiness has severely impacted my financial opportunities, and their continued inaction constitutes an unacceptable breach of duty. 

In the case of XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX ( XXXX XXXX XXXX ), the court emphasized that consumer reporting agencies must immediately correct and block unauthorized information upon notification by the consumer, particularly when fraud or identity theft is involved. Furthermore, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX ), reaffirms that permissible purposethe basis for reporting informationcannot be assumed but must be explicitly consented to by the consumer. The refusal of these agencies to act in accordance with this precedent is, therefore, not just an error but fraudulent intent designed to perpetuate harm. 

Moreover, 18 U.S.C. 1028A imposes criminal penalties for identity theft, and 18 U.S.C. 894 criminalizes the use of extortionate means to collect or report credit data, which includes the misuse of consumer information for unverified debt reporting. These statutes serve as a deterrent to any effort to deny or delay the removal of fraudulent accounts. If these violations persist, I will immediately escalate this matter, seeking not only civil remedies but also criminal penalties for the companies and reporting agencies involved. Failure to comply with the FTC mandates, FCRA regulations, and the consumer rights afforded under the GLBA exposes these agencies to severe legal consequences. 

There is no legal basis for these agencies to deny my request, and any attempt to do so is a direct violation of my constitutional rights to privacy and to be free from unlawful defamation. The burden of proof is on them to demonstrate that the reported items are valid and that they have received my explicit consent to report these items. As I have already opted out and provided the FTC identity theft report, their failure to block this information constitutes illegal and fraudulent reporting. 



The continued reporting of unauthorized information, despite the irrefutable evidence provided by the UCC search, is not only a direct violation of my rights under the Fair Credit Reporting Act ( FCRA ), Gramm-Leach-Bliley Act ( GLBA ), and Identity Theft Protections but also constitutes a deliberate misrepresentation of my financial standing. This fraudulent reporting is not a mere clerical error ; it is a willful disregard of federal laws that are designed to protect consumers from the very harm I am suffering. The credit reporting agencies actionsor lack thereofare actively undermining my ability to access credit, impacting my financial stability and reputation. Their refusal to comply with clear legal mandates, including the four-day block rule under the FCRA, is an egregious violation that exposes me to irreparable harm. It is both an invasion of my privacy and an abuse of power for which they must be held accountable. Should this matter not be resolved immediately, the consequences will not be limited to the removal of these accounts but will include the pursuit of legal action, financial penalties, and potentially criminal charges under 18 U.S.C. 1028A for identity theft and extortionate collection practices under 18 U.S.C. 894. The willful negligence by the credit bureaus in upholding their obligations is unacceptable, and I demand swift, decisive action to remove all fraudulent accounts, unauthorized information, and misrepresented data from my credit report without delay. 

This formal complaint is submitted in response to the ongoing violation of my consumer rights by Equifax, XXXX, and XXXX. Despite filing an FTC Identity Theft Report, providing a Certified Georgia UCC Search Report, and opting out of any further unauthorized reporting under federal law, the credit reporting agencies have failed to honor their obligations under the Fair Credit Reporting Act ( FCRA ). Their blatant disregard for the law and failure to block unauthorized accounts within the legally mandated four business days has led to severe damage to my financial reputation, and it must be addressed immediately. 

Unauthorized Accounts : The following accounts are being reported on my credit report without my written consent, authorization, or legal justification. These accounts must be removed immediately : XXXX. XXXX XXXX Account Number : XXXX Date Opened : XX/XX/XXXX Balance : {$650.00} Violation : Unauthorized reporting, no validation provided, and no written consent for reporting. 
XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX  Account Number : XXXX Balance : {$670.00} Violation : No validation provided, unauthorized reporting, and HIPAA violation for disclosing private medical information. 
XXXX XXXX XXXX XXXX XXXX XXXX  ) Account Number : XXXX Balance : {$840.00} Violation : Same as above. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX Account Number : XXXX Balance : {$3900.00} Violation : Same as above. 
XXXX. XXXX XXXX XXXX Account Number : XXXX Balance : Related to a previously removed XXXX XXXX XXXX XXXX. 
XXXX. XXXX XXXX Account Number : XXXX Violation : Unauthorized reporting, late payment reporting without written consent. 

Unauthorized Addresses : The following addresses are being reported without my consent and must be removed immediately : XXXX. XXXX XXXX XXXX XXXX, XXXX, GA XXXX XXXX. XXXX XXXX XXXX XXXX, XXXX, GA XXXX Unauthorized Names : The only name that should be reported on my credit report is XXXX XXXX XXXX. The following unauthorized names must be removed immediately : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Violation of Federal Law : 1. Violation of 15 U.S.C. 1681b ( FCRA Section 604A Section 2 ) : Under this section of the FCRA, consumer reporting agencies may only furnish accounts with explicit written authorization. I have not provided written consent for any of these accounts to be reported on my credit report. This constitutes fraud, misrepresentation of my financial standing, and defamation of character.

2. Violation of 15 U.S.C. 1681c-2 ( Section 605B ) Failure to Block Fraudulent Information : Once I submitted the FTC Identity Theft Report, the credit reporting agencies were legally obligated to block all disputed and fraudulent information from my report within four business days. They have failed to do so, which is a gross violation of my rights under the FCRA.

3. Violation of 15 U.S.C. 6802 ( b ) ( c ) ( Gramm-Leach-Bliley Act ) : The credit reporting agencies and financial institutions are prohibited from disclosing nonpublic personal information to a third party without my explicit written consent. Their failure to comply with my opt-out request is a direct violation of this law. 
4. Violation of 15 U.S.C. 1681e ( b ) ( Accuracy of Reporting ) : Equifax, XXXX, and XXXX are legally required to ensure the accuracy of the information reported. Their failure to block fraudulent accounts, names, and addresses from my credit report is a violation of this obligation. 

Legal Precedents and Supporting Case Law : 1. Pintos v. Pacific Creditors Assn, 605 F.3d 665 ( XXXX XXXX XXXX  ) : The FCRA mandates that consumer consent be obtained before reporting any information. Unauthorized use of credit information without consumer consent is a violation of federal law. 
2. Harris v. Equifax, XXXX XXXX XXXX ( XXXX XXXX XXXX ) : The failure to remove unauthorized information constitutes a violation of the FCRA. 
3. FTC v. Accusearch Inc., 570 F.3d 1187 ( XXXXXXXX XXXX XXXXXXXX ) : The FTC has the authority to enforce actions against entities that engage in unfair or deceptive practices, including unauthorized reporting of consumer information. 

Severe Consequences for Noncompliance : If these unauthorized accounts, addresses, and names are not removed from my credit report within four business days, the following legal actions will be taken : 1. FTC Complaint : I will file a formal complaint with the FTC for violating federal law regarding unauthorized and inaccurate reporting. 
2. Lawsuit for Violations of FCRA, GLBA, and Other Applicable Laws : Willful noncompliance will result in statutory damages, including fines of up to {$1000.00} per violation under FCRA 1681n, along with possible punitive damages for fraud. 
3. Filing an Arbitration Claim : I will pursue arbitration for breach of fiduciary duty and violations of my legal rights, including claims for damages related to defamation, emotional distress, and financial harm caused by these fraudulent entries. 
4. Court Fees and Arbitration Fees : In addition to the penalties above, the companies and credit reporting agencies may face court and arbitration fees totaling {$500.00} to {$3000.00} per claim. If this matter is not resolved promptly, I will pursue these claims in full to ensure my rights are upheld and that proper compensation is provided. 

Resolution Request : I demand the following actions be taken immediately : 1. Immediate Removal of All Unauthorized Accounts, Addresses, and Names from my credit report, as mandated by federal law. 
2. Written Confirmation from each credit bureau acknowledging the unauthorized nature of these accounts and confirming their permanent removal. 
3. Verification of Compliance : Each credit bureau must implement improvements to ensure that unauthorized reporting does not occur in the future. 

Conclusion : As a victim of fraudulent and unauthorized reporting, I am entitled to immediate removal of these inaccuracies from my credit report. The credit reporting agencies have ignored their legal obligations, misrepresented my creditworthiness, and caused significant harm to my financial reputation. I expect full compliance with these demands and a resolution within four ( 4 ) business days. If not, I will pursue all legal remedies, including escalating this matter to regulatory authorities.

Company response to consumer: Closed with explanation