Consumer complaint received 2024-12-11 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: FL

Complaint narrative:
Subject : Violation of FCRA Unauthorized Reinstatement of Fraudulent Account Dispute Department, I am writing to formally dispute the inaccurate and unauthorized reinstatement of a fraudulent account on my credit report, which constitutes a clear violation of the Fair Credit Reporting Act ( FCRA ). 

Details of the Dispute : Item in Dispute : XXXX XXXX  Account Background : I submitted an identity theft report to your bureau, requesting the removal of the aforementioned XXXX XXXX  account from my credit report. This account was a result of identity theft, and I never authorized or opened any account with XXXX XXXX. Following my report, the fraudulent account was correctly removed from my credit file. 

However, I discovered that this fraudulent account was reinstated without my knowledge or consent. I was not notified of this reinstatement, which is a direct violation of my rights under the FCRA. 

Legal Basis for Dispute : Under the FCRA, specifically 15 U.S.C. 1681i, credit bureaus are required to conduct a reasonable investigation when a consumer disputes the accuracy of information in their credit report. Upon verification, any information found to be inaccurate or unverifiable must be promptly removed.

Furthermore, 15 U.S.C. 1681s-2 mandates that furnishers of information ( e.g., XXXX XXXX ) must provide accurate information and notify credit bureaus of any changes, including the removal of fraudulent accounts. 

Violation Details : Failure to Correct Information : Despite the removal of the fraudulent account, your bureau reinstated it without proper verification or notification, violating 15 U.S.C. 1681i ( a ).

Inadequate Investigation : The reinstatement suggests that a reasonable investigation was not conducted, as required by the FCRA. 

Lack of Notification : The FCRA requires that consumers be notified of any adverse actions or changes to their credit reports. I did not receive any such notification regarding the reinstatement. 

Relevant Case Law : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : The court held that inaccurate information on a credit report must be corrected or removed, and failure to do so violates the FCRA. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : Reinforces the necessity for accurate and verifiable information in consumer credit reports. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  : Emphasizes the responsibility of credit bureaus to ensure the accuracy of the information they report. 

Demand for Action : In accordance with the FCRA, I hereby demand the following : Immediate and Permanent Removal : Permanently delete the fraudulent XXXX XXXX  account from my credit report. 

Written Confirmation : Provide written confirmation of the removal of this account within 30 days of receipt of this letter. 

Cease Further Reporting : Ensure that this fraudulent account is not reinstated in the future. 

Consequences of Non-Compliance : Failure to comply with this request will leave me no choice but to take further legal action to protect my rights. This may include : Filing a complaint with the Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ). 
Initiating legal proceedings for statutory damages, including actual damages, punitive damages, and attorneys fees as provided under 15 U.S.C. 1681n. 
Seeking coverage for any additional costs incurred due to this violation. 
Conclusion : I trust that you will address this matter with the urgency and seriousness it deserves. Ensuring the accuracy and integrity of my credit report is paramount, and I expect full compliance with the FCRA. 

Please direct all correspondence regarding this matter to my address listed above. I anticipate your prompt response and resolution. 

Thank you for your immediate attention to this serious matter. Your failure to notify me of this reinstated item is a clear violations of FCRA and thus it warrants my demand under FCRA that this item be permanently removed and deleted from my credit report

Company response to consumer: Closed with non-monetary relief