Consumer complaint received 2025-01-05 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: NY

Complaint narrative:
HELLO, I AM NOT DOING WELL I AM VERY STRESSED OUT. I recently did an investigation on my credit report and i am verifying that these NEGATIVE accounts are not mines.

I am disputing incorrect personal information listed in my credit report. Under the Fair Credit Reporting Act ( FCRA, Section 609 and 611 ), I am entitled to have my credit report reflect accurate, complete, and verifiable information.

The following personal data is incorrect in my credit report : Name : The name listed is incorrect. My correct name is [ XXXXXXXX XXXX XXXXXXXX ]. 
Address : The address listed is incorrect. My correct address is [ ] XXXX XXXX XXXX XXXX XXXX XXXX Social Security Number : XXXX The Social Security Number listed is incorrect. 
Date of Birth : XX/XX/XXXX The date of birth listed is incorrect. 
I am attaching the following documents to verify my correct information : [ Attach copy of ID, passport, utility bill, etc. ] Please correct or remove the inaccurate information as required by the FCRA. If the information can not be verified, it must be deleted from my credit report.

Hard Inquiries : 15 USC 1681b ( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by the consumer ( 3 ) Information regarding inquiries ; Except as provided in section 15 USC 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.

The following inquiries are a result of identity theft and were not initiated by me. I demand that they are deleted immediately : XXXX XXXX XXXX date of inquiry : XX/XX/XXXX XXXX  date of inquiry : XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX date of inquiry : XX/XX/XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX date of inquiry XXXX 18 U.S.C. 1028A.

IN GENERAL. Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. An identification of me has been used without my permission to open several accounts that have damaged my reputation and damaged my mode of living because you furnished a consumer report without my written permission as stated by Federal Law.

You have aided this fraud by not verifying these accounts.

Congress states 15 USC 1681 Fair Credit Reporting Act ( a ) Accuracy and fairness of credit reports ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and respect for the consumers right to privacy.My identity has been stolen, and you are hereby put on notice.

Aggravated Identity Theft pursuant to 18 U.S.C. 1028A.

Section 604 ( a ) - Authorization for Credit Inquiries : This section states that any credit inquiry ( hard inquiry ) can only be made with the explicit consent of the consumer. If any of the inquiries were made without your consent, you can argue that they are invalid and should be removed.I am also sending you the police report and the letters to dispute. 

Late Payment 15 USC 1666b ( 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. 

XXXX XXXX XXXX Never Sent the periodic statement along with the disclosures from section 1637 ( b ). 
I have requested proof that this information was mailed or delivered 21 days before the payment due date and this information was requested in good faith pursuant rule 1002 and It was never provided. 
15 USC 1666b and its requirements set the standards and the guidance for a creditor to treat a payment as late, yet they are reporting a payment as late and they did not comply with the law! 
This is unfair, illegal, fraudulent, and not equitable to me as a consumer! 
XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
FDCPA 811 [ 15 USC 1692i ] Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall -- ( 1 ) in the case of an action to enforce an interest in real property securing the consumer 's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity -- ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action. 
( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors.

By the way, if you ever decide to turn this alleged debt over to an attorney to collect and violate my rights under the FDCPA 15USC 1692 even further, just keep in mind that an attorney can not be a debt collector and a debt collector can not be an attorney. 
FDCPA 807 [ 15 USC 1692 ( e ) ( 3 ) ] False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : The false representation or implication that any individual is an attorney or that any communication is from an attorney. 
With all that was said above, for each VIOLATION of the FDCPA that you have committed I am entitled to {$1000.00} per violation. You dont believe me? Ok, let me show you what the law says : FDCPA 813 [ 15 USC 1692k ] Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of -- ( XXXX ) any actual damage sustained by such person as a result of such failure ; Charge off : The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. 
I pulled my Consumer reports from ( Equifax, XXXX & XXXX ) and I notice you have furnished an account there as a charge off { / collections. } Charge off definition : Charge-off. Write off of a debt and termination of servicing activity without release of liability. A charge-off is a decision by the Agency to remove debt from Agency receivables , however, future payments may be received. 
Write off : a write-off of debt is cancellation of a debt in the account books of a creditor. When a creditor writes off a debt and charges the debtor on the extra amount after the written off debt, it can be taken as evidence that the debtor is discharged from that written off debt. 
FCRA Violation : Under 15 U.S. Code 1681e ( b ), consumer reporting agencies must follow reasonable procedures to ensure maximum possible accuracy of the information reported. Your report of my account as " charged off '' or " canceled '' while simultaneously classifying the account as a " collection '' is contradictory and legally inaccurate. 
Charge-off Definition and Tax Obligations : As I mentioned in my previous correspondence, according to IRS definitions and general credit reporting guidelines , an account that has been " charged off '' requires the issuance of a 1099-C form, as such debt is considered canceled for tax purposes. The failure to issue this form, as you yourselves have confirmed, reinforces the inaccuracy of your report. Additionally, attempting to collect on a canceled debt constitutes a deceptive practice and may be construed as tax fraud.

Inaccuracy of the Reported Information : According to 15 U.S. Code 1681s-2 ( a ) ( 1 ) ( A ), an entity reporting information to a consumer reporting agency must not provide information it knows or has reason to believe is inaccurate. Since I have informed you of the inaccuracies in the reported information, your obligation is to correct it. Your failure to do so represents a direct violation of the FCRA. 
Liability for Willful Noncompliance : Pursuant to 15 U.S. Code 1681n, any willful violation of the provisions of the FCRA may result in civil liability, including punitive damages and the costs associated with legal action. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX made the security frezze letter for XXXX and I want them to freeze me and send me the letter as proof

Company response to consumer: Closed with non-monetary relief