Consumer complaint received 2024-11-14 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: EQUIFAX, INC.
State: FL

Complaint narrative:
Confirmation # XXXX Subject : Follow-Up Dispute on Bankruptcy Record Verification Failure to comply with and this is the proof than show the violation totally all law written to FCAR, FCDRA AND TILA. 
Dear Sir/Madam, I am writing to address your recent response regarding the bankruptcy record on my credit report, which you stated has been verified. I must express my concerns that your verification process does not comply with several legal requirements under the Fair Credit Reporting Act ( FCRA ) and other related codes. 
Pursuant to the Fair Credit Reporting Act, ( FCRA ), 15 USC 1681 ( 7 ) credit reporting agencies are obligated to provide a description of the investigation within 15 days of receiving a consumers dispute. Additionally, under the Truth in Lending Act ( TILA ), 15 USC 1601, it is imperative that all credit information provided is accurate and transparent to protect consumer rights.

Legal Concerns : 15 U.S.C. 1681 a ( 4 ) - Privacy Rights : The verification process employed does not appear to adhere to the privacy protection requirements outlined under this section. My right to privacy under the FCRA has not been upheld. 
15 U.S.C. 1681 b ( 2 ) Permissible Purposes : The information used to verify the bankruptcy must be for permissible purposes and comply with established procedures. The process by which this record was verified appears to have failed to meet these standards.

15 U.S.C. 609 ( a ) ( 1 ) ( a ) Consumer Rights : According to this section, I am entitled to request the removal of inaccurate or outdated information from my credit report. Your verification response has not sufficiently addressed inaccuracies or provided valid justification for retaining this record.

15 U.S.C. 609 ( a ) ( 2 ) Proof of Verification : I am entitled to request proof of the verification of the bankruptcy record. The verification provided was insufficient and does not meet the requirements for proving the accuracy and legitimacy of the record.

Title 15, Charter 41- Federal Consumer Protections : The failure to provide adequate proof and the apparent disregard for my rights under FCRA indicate a violation of federal consumer protection laws. 
Public Law 91-506, Title VI, Section 611, and Subsections A-D : This law stipulates the procedures for the removal of inaccurate or incomplete information from credit reports. Your response and verification process did not comply with these provisions, necessitating the removal of the bankruptcy record.

15 U.S.C. 1681 I ( 7 ) Description of investigation : Pursuant to the FCRA, credit reporting agencies are obligate to provide a description of the investigation within 15 days of receiving a consumers dispute. To date, I have not received this required information. 
15 U.S.C. 609 ( a ) ( 1 ) ( a ) Verification Requirement : Per the FCRA, you are required by federal law to verify all accounts and public information through physical verification of the original signed consumer contract and/or judgments. Without such verification, there is a risk that erroneous or fraudulent information could be included in credit reports. Given the lack of adequate verification, I request the removal of this unauthorized public record information.

Additionally attached is the response letter form the Bankruptcy court of the southern district of Florida stating that the United States Bankruptcy does not transmit or initiate conveyance of data to the credit reporting agencies.

Per the FCRA 623 ( a ) ( 5 ) : If the Credit Bureau can not VALIDATE the information with the ORIGINAL CREDITOR, they must remove said information form the consumer credit file. 

Action Required : The details of the bankruptcy record in question are : Bankruptcy Account Number : XXXX filed on XX/XX/2022 DELETE BANKRUPTCY AND EVERYTHING ACCOUNT INCLUDED UNDER BANKRUPTCY OR I request a detailed explanation of the verification process used, including specific documentation and proof that complies with the requirements set forth by FCRA and related statutes. If adequate proof is not provided within 30 days, I will be compelled to file a complaint with the Federal Trade Commission ( FTC ) and the Consumer Financial Protection Bureau CFPB regarding this matter. 
Please address these issues promptly and provide a detailed response within the timeframe required by law. If necessary, I am prepared to escalate this matter. I look forward to your response. 
XXXX XXXX

Company response to consumer: Closed with explanation