Consumer complaint received 2025-05-16 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: VA

Complaint narrative:
Subject : Follow-Up Complaint Regarding Verification of Fraudulent Accounts AND FINAL WARNING FOR INMEDIATE REMOVAL ACCOUNT To Whom It May Concern, I am writing to formally follow up on my previous complaint regarding the failure of EQUIFAX to remove fraudulent accounts from my credit report. Despite my submission of a Police Report and an FTC identity theft report ( FTC Report Number : XXXX ), EQUIFAX has claimed that the disputed accounts have been " verified. '' The following fraudulent accounts remain on my credit report, which I have previously identified as resulting from identity theft : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX According to the Fair Credit Reporting Act ( FCRA ), specifically : XXXX U.S.C. 1681a ( 4 ) : Protects my privacy rights by ensuring that my credit information is accurate and not misrepresented.

15 U.S.C. 1681b ( 2 ) : Details permissible purposes for accessing my credit report, indicating that only authorized parties can access my information.

15 U.S.C. 1681i : Requires credit reporting agencies to conduct a reasonable investigation when information is disputed.

Additionally, I am invoking 15 U.S.C. 609 ( a ) ( 1 ) ( a ) and 15 U.S.C. 609 ( a ) ( 2 ) to request the removal and to demand proof of its verification. Section According to the Fair Credit Reporting Act, Section 609 ( a ) ( 1 ) ( A ), you are required by federal law to verify, through the physical verification of the original signed consumer contract, any and all accounts that you post on a credit report. Otherwise anyone paying for your reporting services could fax, mail or email in a fraudulent account.

Legal Basis and Violations of the FCRA 1. Inaccuracy and Lack of Verification : According to the FCRA, credit bureaus must maintain accurate and verifiable information in credit reports. In this case, the credit bureau has shown a lack of diligence in verifying this account, relying solely on automated systems like e-OSCAR to respond to my dispute. This type of system does not meet the reasonable verification standard required by law, especially in a recurring dispute that significantly impacts my credit history and score.

2. Inconsistencies Across Credit Bureaus : Upon reviewing my reports from the three major credit bureaus, I have found inconsistencies in how this account is reported. These discrepancies indicate systemic errors in the handling and verification of information by EQUIFAX, which further underscores the lack of accuracy and FCRA compliance.

References to Relevant Case Law To support my complaint, I cite the following legal precedents that reinforce the obligation of credit bureaus to conduct thorough and reasonable investigations : Cushman v. Trans Union Corp., 115 F.3d 220 ( 3rd Cir. 1997 ) : This ruling establishes that credit bureaus must conduct reasonable investigations and can not rely solely on automated responses when a consumer disputes the accuracy of reported information.

Henson v. CSC Credit Services, 29 F.3d 280 ( 7th Cir. 1994 ) : The court held that credit bureaus must go beyond data provided by the creditor and conduct additional verification when accuracy is in question.

Johnson v. MBNA America Bank, NA, 357 F.3d 426 ( 4th Cir. 2004 ) : This case emphasizes the responsibility of information furnishers and credit bureaus to conduct exhaustive, non-superficial investigations under the FCRA.

These cases consistently establish that credit reporting agencies must take reasonable steps to ensure the accuracy of information in credit reports and can not rely on automated responses when accuracy is challenged.

Furthermore, under 15 U.S.C. 1681c-2, credit reporting agencies are mandated to block information identified as resulting from identity theft. The claim of " verification '' does not satisfy these requirements, and it is evident that [ Credit Bureau Name ] has not conducted a thorough investigation, nor have they taken the appropriate actions to remove this fraudulent information.

I also believe that the actions of EQUIFAX may constitute a violation of the Truth in Lending Act ( TILA ), as they have failed to adhere to the obligations concerning accurate reporting and consumer rights.

I request that the CFPB investigate this matter further and take necessary actions to ensure that these accounts are properly deleted from my credit report. I also seek guidance on the steps I can take to protect my rights as a consumer in this situation.

Thank you for your prompt attention to this ongoing issue.

Company response to consumer: Closed with non-monetary relief