Consumer complaint received 2024-05-24 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: TX

Complaint narrative:
Both EQUIFAX and XXXX have violated 15 U.S. Code 1681n - Civil liability for willful noncompliance. 
I submitted a police report to EQUIFAX and XXXX which outlined that my sensitive, personable identifiable documents ( State Driver 's License, Social Security Card, several banking credit and/or debit cards ) were stolen and likely used by unknown, unidentified person ( s ) who have applied for credit, loans and the like which has NEGATIVELY affected my personal credit files and credit scores of EQUIFAX and XXXX. Additionally, I sent documented proof that EQUIFAX sent me confirming that I was a victim of their XXXX  data breach. This breach also contained my sensitive personable identifiable information such as Name and Social Security Number to name a few - with which cyber criminals likely have used to apply for credit, loans and the like which has NEGATIVELY affected my personal credit files and credit scores of EQUIFAX and XXXX. Both EQUIFAX and XXXX have concluded their respective investigations and have equally denied my request to remove the negative items from my credit file within their respective systems, despite the documented admission of fault and negligence by EQUIFAX of said data breach. The response from both EQUIFAX and XXXX summarized that XXXX XXXX XXXX was not an account that was reporting on my credit files within each their respective systems. Both EQUIFAX and XXXX failed to acknowledge and/or totally ignored the likelihood of cyber criminals using my data from the XXXX & XXXX data breach to apply for credit, loans and the like, resulting in negative information being applied to my credit files. Conversely, a third party ( XXXX ) has complied and honored my requests to remove said negative information from my credit files within the XXXX system. To advance my claim regarding the EQUIFAX and XXXX- it is now understood that both EQUIFAX and XXXX have WILLFULLY VIOLATED Section 609 of the Fair Credit Reporting Act ( 15 U.S. Code 1681n ) - Civil liability for willful noncompliance. 
Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( XXXX ) ( 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} ; ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( XXXX ) such amount of punitive damages as the court may allow ; and ( XXXX ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. 

The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. 
-- - This is an additional and final request for EQUIFAX and XXXX to remove negative items from my credit file effective immediately upon receipt of this claim. Failure to remove negative items from my credit file that I deem satisfactorily shall prompt me to pursue legal action for awards equal to or greater than {$1000.00} for EACH NEGATIVE ITEM being reported on my credit files of both EQUIFAX and XXXX pursuant to Section 609 of the Fair Credit Reporting Act ( 15 U.S. Code 1681n ). -- - Since both EQUIFAX and XXXX have reported that each has concluded their investigations and have taken advantage of and exhausted the legal allotted time frame for research and investigation - my aforementioned deletion request is expected to be honored within 5-10 business days from receipt of this claim after which point I shall begin taking legal action as previously mentioned.

Company response to consumer: Closed with explanation