Consumer complaint received 2024-11-24 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: EQUIFAX, INC.
State: FL

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX XX/XX/XXXX To : Consumer Financial Protection Bureau ( CFPB ) XXXX Equifax XXXX Subject : Formal Complaint and Demand for Immediate Removal of Unauthorized and Misrepresented Accounts Dear Sir/Madam, This formal complaint is to address unauthorized, inaccurate, and misrepresented accounts being reported on my credit file. The continued reporting of these accounts violates federal law and deprives me of my rights as a consumer under the Fair Credit Reporting Act ( FCRA ) and other applicable laws. The accounts, addresses, aliases, phone numbers and employment information Companies and agencies and Equifax XXXX and XXXX listed below are being reported without my informed consent or proper disclosure, resulting in significant harm to my creditworthiness and financial stability. Unauthorized information are : Other Address XXXX XXXX XXXX XXXX XXXX FORT XXXX, FL XXXX Date Reported XX/XX/XXXX Other Address XXXX XXXX XXXX XXXX APT XXXX XXXX, FL XXXX XXXX Reported XX/XX/XXXX Other Address XXXX XXXX XXXX XXXX XXXX XXXX XXXX, OH XXXX XXXX Reported XX/XX/XXXX Other Address XXXX XXXX XXXX XXXX, PA XXXX XXXX Reported XX/XX/XXXX Other XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX Date Reported XX/XX/XXXX Other Address XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX Date Reported XX/XX/XXXX Other Address XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX Date Reported XX/XX/XXXX Other Address XXXX XXXX XXXX XXXX XXXX XXXX PA XXXX Date Reported XX/XX/XXXX Other Address XXXX XXXX XXXX XXXX, PA XXXX XXXX Reported XX/XX/XXXX Other Address XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX NY XXXX Date Reported XX/XX/XXXX Other Address XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX Other Address XXXX XXXX XXXX XXXX XXXX XXXX, PA XXXX Date Reported XX/XX/XXXX Phone Numbers Phone Number XXXX XXXX ) XXXX Phone Number ( XXXX ) XXXX Phone Number ( XXXX ) XXXX Phone Number ( XXXX ) XXXX Phone Number ( XXXX ) XXXX Phone Number ( XXXX ) XXXX Phone Number ( XXXX ) XXXX Phone Number ( XXXX ) XXXX Phone Number ( XXXX ) XXXX Phone Number ( XXXX ) XXXX Phone Number ( XXXX ) XXXX Employers Employer XXXX XXXX Date Verified XX/XX/XXXX XXXX XXXX Occupation XXXX  Date Verified XX/XX/XXXX Date Hired XX/XX/XXXX XXXX XXXX Date Verified XX/XX/XXXX XXXX XXXX XXXX Date Verified XX/XX/XXXX Breach of Fiduciary Duty : Duty of Good Faith and Fair Dealing : As established in Stilwell v. Trutanich , 178 Cal.App.4th 1226 ( 2009 ), fiduciaries owe a duty to act in good faith and avoid actions that harm the interests of the consumer. The failure to provide clear disclosures breaches this duty. Misrepresentation and Concealment : Failing to disclose what, when, and how information would be reported is an act of concealment that deprives the consumer of the opportunity to make informed decisions, violating the fiduciary obligation to act transparently and fairly. 2. Breach of Contract : Lack of Informed Consent : As established in Doe v. Network Solutions, LLC, 135 Cal.App.4th 134 ( 2005 ), a contract that lacks mutual understanding of material terms, such as reporting obligations, is unenforceable and void. Ambiguous Terms : Agreements that fail to explicitly disclose the reporting process and its consequences violate principles of contract law, as ambiguities are typically construed against the drafting party ( California Civil Code 1654 ). Accounts in Question XXXX XXXX XXXX XXXX Account Number : XXXX Violation : Misrepresented as an auto loan when it was a credit sale. This misclassification drastically affects my credit standing and constitutes a deceptive practice under 15 U.S.C. 45 ( a ) ( FTC Act ). Furthermore, 18 U.S.C. 894 prohibits collection through extortionate means, which includes misrepresentation to coerce payment. XXXX XXXX  Account Number : XXXX Violation : The reporting of this account lacks proper disclosures and informed consent. Without clear terms explaining what information would be reported and its consequences, the agreement is ambiguous and fails to meet consumer protection standards. XXXX XXXX XXXX  XXXX XXXX Account XXXX : XXXX XXXX XXXX XXXX XXXX XXXX Violation : These student loans are being reported without clarity on terms or proper disclosures. Additionally, 18 U.S.C. 894 applies here, as XXXX is attempting to collect without providing lawful validation or proof of the debts accuracy. Hard Inquiries XXXX XXXX XXXX ( XX/XX/XXXX ) XXXX XXXX XXXX ( XX/XX/XXXX ) Violation : These inquiries were performed without my explicit written consent, violating 15 U.S.C. 1681b, which governs permissible purposes for accessing a consumer report. Key Violations and Legal Arguments 1. Misrepresentation of Accounts ( Auto Loan as Credit Sale ) : XXXX XXXX XXXX XXXX misrepresented a credit sale as an auto loan. Misclassifications harm consumers by inflating debt-to-income ratios and misrepresenting their financial standing. Such practices are actionable under : 18 U.S.C. 894 : Collection by extortionate means, including coercive misrepresentation. FTC Act ( 15 U.S.C. 45 ( a ) ) : Prohibits unfair or deceptive practices in commerce. 2. Failure to Provide Disclosures and Informed Consent : Both XXXX  and the XXXX XXXX XXXXXXXX failed to provide the following essential disclosures, rendering their agreements ambiguous and invalid : What will be reported ( e.g., payment history, balances ). When it will be reported ( e.g., monthly, upon delinquency ). How reporting affects creditworthiness ( e.g., score impact ). Without these disclosures, consumers can not provide informed consent. This is a violation of : 15 U.S.C. 1681b : Requires permissible purpose for reporting. Pintos v. Pacific Creditors Association, 605 F.3d 665 ( 9th Cir. 2010 ) : Establishes the need for explicit consumer consent for reporting. 3. Failure to Block Unauthorized Information ( FCRA 605B ) : The accounts in question were disputed through an FTC Identity Theft Report. Under 15 U.S.C. 1681c-2, credit reporting agencies are required to block disputed information within four business days. Failure to comply constitutes a breach of federal law. 4. Ambiguous Agreements and Unfair Practices : The absence of transparency in agreements violates : Safeco Ins. Co. of America v. Burr, 551 U.S. 47 ( 2007 ) : Liability for negligence in credit reporting. Cox v. AIG Financial Advisors , Inc., 2013 WL 2180964 ( E.D. Mich. 2013 ) : Obligation to ensure accurate reporting. All accounts, Alaises, addresses, phone numbers and employment information thats unauthorized to be reporting are : Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681b : Mandates that consumer reporting agencies and furnishers have a permissible purpose and the explicit consent of the consumer for reporting information. Failure to disclose critical information invalidates the agreement, rendering the reporting unauthorized and deceptive. 2. Pintos v. Pacific Creditors Association, 605 F.3d 665 ( 9th Cir. 2010 ) : Establishes that permissible purpose for reporting requires clear and explicit consumer consent, which can not be implied or assumed. 3. Truth in Lending Act ( TILA ), 15 U.S.C. 1631 : Requires lenders to provide clear and conspicuous disclosures regarding credit terms. Non-compliance with this provision can invalidate agreements and expose the creditor to penalties. 4. Federal Trade Commission Act ( FTC Act ), 15 U.S.C. 45 ( a ) : Prohibits unfair or deceptive practices in commerce, including misrepresentation or failure to disclose material terms of a consumer agreement. Penalties and Consequences for Non-Compliance : Under the FCRA, violations of disclosure and consent requirements can result in penalties up to {$1000.00} per violation, in addition to punitive damages for willful noncompliance ( 15 U.S.C. 1681n ). The TILA imposes statutory damages of up to {$5000.00} per violation, plus attorneys fees, for failure to meet disclosure requirements. The FTC Act grants authority to seek injunctive relief and impose civil penalties of up to {$50000.00} per violation ( 15 U.S.C. 45 ( m ) ( 1 ) ( A ) ). Impact of These Violations The continued reporting of unauthorized and misrepresented accounts has caused : Damage to my creditworthiness, resulting in denial of financial opportunities. Emotional distress due to persistent financial instability. Defamation of character, as these accounts inaccurately portray my financial obligations. Demand for Immediate Action I am requesting the following corrective actions : 1. Immediate Removal of Accounts : Remove the accounts listed above from my credit file across all credit bureaus. 2. Cessation of Collection Activities : Cease all collection and reporting activities related to these accounts, as they lack proper validation and violate federal law. 3. Written Confirmation : Provide written confirmation that these accounts have been permanently removed and will not reappear on my credit file. 4. Disclosure of Verification Methods : Provide detailed documentation of the methods used to verify the accuracy of these accounts, as required under FCRA 611.

Company response to consumer: Closed with non-monetary relief