Consumer complaint received 2024-11-29 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: FL

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, FL XXXX Date : XX/XX/XXXX To : Consumer Financial Protection Bureau ( CFPB ) Equifax Information Services LLC XXXX XXXX XXXX XXXX XXXX. 
XXXX XXXX Subject : Rebuttal and Demand for Immediate Removal of Unauthorized, Inaccurate, and Misrepresented Accounts and Information To Whom It May Concern, First to XXXX Dear XXXX, Your response declining to block unauthorized and inaccurate information on my consumer report under Section 605B of the Fair Credit Reporting Act ( FCRA ) is wholly unacceptable, unlawful, and demonstrative of bad faith. The grounds cited in your denial are baseless and reflect a gross misrepresentation of my rights under federal law. 
Violations of Federal Law 1. Misinterpretation of Section 605B of the FCRA Section 605B explicitly requires credit reporting agencies to block information resulting from identity theft or fraud within four business days upon receiving a proper identity theft report and proof of identity. Nowhere does the statute allow for denial based on : A history of payments made.

Previous disputes unrelated to fraud.

Whether the account predates the fraud report.

The purpose of Section 605B is to shield victims of fraud or unauthorized reporting from further harm, regardless of the accounts age, dispute history, or payment record. XXXX interpretation disregards the intent of the law and creates an unlawful barrier to exercising my consumer rights. 
XXXX. Unsupported Accusation of Material Misrepresentation Your allegation that my block request constitutes a misrepresentation of material fact is defamatory, unsubstantiated, and without merit. I have provided : A valid FTC Identity Theft Report. 
Proof of my identity. 
Evidence of unauthorized reporting. 
These documents fulfill all statutory requirements under 15 U.S.C. 1681c-2. XXXX insinuation that I have misrepresented facts is a reckless and malicious attempt to shirk your legal obligations. 
XXXX. Improper Assumptions About Goods or Services Received The claim that I obtained possession of goods, services, or money as a result of the transaction is irrelevant and speculative. Even if true, this does not absolve XXXX of its duty to block unauthorized information under Section 605B. 
If a creditor alleges that goods or services were obtained, they must seek legal remedies directly with the consumer, rather than leveraging unauthorized reporting to coerce repayment. 
Reporting such information without permissible purpose or my consent remains a violation of 15 U.S.C. 1681b. 
XXXX. Breach of FCRA Obligations and Bad Faith Actions TransUnions refusal to block the identified information, despite my full compliance with FCRA requirements, constitutes : Willful noncompliance under 15 U.S.C. 1681n, exposing XXXX to statutory and punitive damages. 
Negligent noncompliance under 15 U.S.C. 1681o, entitling me to recover actual damages, attorney fees, and court costs. 
Case Law Supporting My Claims Harris v. Mexican Specialty Foods , Inc., 564 F.3d 1301 ( 11th Cir. 2009 ) : The court held that entities must comply with statutory obligations when presented with evidence of identity theft, regardless of the entitys subjective interpretations.

Dalton v. Capital Associated Indus., Inc. , 257 F.3d 409 ( 4th Cir. 2001 ) : Consumer reporting agencies have a duty to ensure maximum possible accuracy and to comply fully with the FCRA when consumers dispute unauthorized information.

Pintos v. Pacific Creditors Assn, 605 F.3d 665 ( 9th Cir. 2010 ) : Reinforces that permissible purpose must be strictly adhered to, and reporting unauthorized or disputed information without consent is unlawful.

Fraudulent Intent and Financial Motive Your denial demonstrates fraudulent intent to continue reporting unauthorized and inaccurate information for financial gain. Credit reporting agencies profit from the reporting of consumer information to third parties, including creditors and collectors, who pay for such data. By refusing to block disputed items : XXXX is perpetuating harm to me as a consumer while unjustly profiting. 
This constitutes fraud under 18 U.S.C. 1001 and extortion under 18 U.S.C. 894, as you are leveraging inaccurate information to benefit financially at my expense. 
Demand for Immediate Action I demand that XXXX immediately : 1. Block all unauthorized and inaccurate accounts and information on my consumer report, as outlined in my original request. 
XXXX. Provide a written acknowledgment of the block and confirmation that no further unauthorized reporting will occur. 
XXXX. Cease any false or defamatory allegations of material misrepresentation against me. 
Failure to comply will result in the following : A formal complaint to the CFPB, FTC, and my states Attorney Generals office for violations of the FCRA and fraudulent practices. 
Legal action seeking statutory damages, punitive damages, and attorneys fees under 15 U.S.C. 1681n and 1681o. 
Additional claims for defamation and emotional distress caused by XXXX bad-faith actions. 


This letter serves as a formal rebuttal and demand for immediate compliance with federal law concerning the unauthorized, inaccurate, and fraudulent reporting of accounts, names, addresses, and other personal information on my consumer report. Your ongoing violations of my federal rights have caused significant harm to my financial standing and emotional well-being. 
Unauthorized Names and Addresses Reporting Only the following name and address are authorized to report on my consumer report : Name : XXXX XXXX XXXX Address : XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX, FL XXXX The following unauthorized names and addresses must be removed immediately : Unauthorized Names : XXXX XXXX XXXX XXXX  XXXX Unauthorized Addresses : XXXX XXXX XXXX, XXXX XXXX, FL XXXX XXXX XXXX  XXXX XXXX XXXX XXXX, XXXX These unauthorized entries are false and were reported without my informed written consent, violating my rights under the Fair Credit Reporting Act ( FCRA ) and other federal statutes. 
Accounts Reporting Unauthorized and Inaccurate Information The following accounts are being reported in direct violation of federal law, misrepresenting my creditworthiness and defaming my financial standing : XXXX. XXXX XXXX Account Number : XXXX The account was closed by the creditor due to billing inquiries. However, it is still inaccurately reported as open with late payments that were unauthorized and never substantiated. 
XXXX. XXXX XXXX XXXX  XXXX Account Number : XXXX The account was fully paid and closed, yet an inaccurate late payment is being reported, which misrepresents my creditworthiness and violates my opt-out request. 
XXXX. XXXX Account Number : XXXX XXXX unauthorized and inaccurate information despite my opt-out request under 15 U.S.C. 6802. 
XXXX. XXXX XXXX XXXX Account  Number : XXXX XXXX. XXXX XXXX XXXX Account Number : XXXX XXXX. XXXX XXXX XXXX XXXX  XXXX : XXXX These accounts have been unlawfully reported without proper verification, disclosures, or permissible purpose. 
Violations of Federal Law 1. Failure to Block Information Under 15 U.S.C. 1681c-2 The FCRA mandates that consumer reporting agencies block disputed information within four business days upon receiving proper documentation, such as an FTC Identity Theft Report and proof of identity. Your continued reporting of unauthorized and inaccurate information violates this legal requirement.

2. Fraudulent Reporting Without Consent ( 15 U.S.C. 1681b and 1681 Section 604a ( 2 ) ) Under the FCRA, consumer reporting agencies may only furnish a consumer report with the explicit written instructions of the consumer. I have never provided written authorization for the reporting of these accounts, names, or addresses. Your actions constitute fraudulent misrepresentation and defamation of my creditworthiness.

3. Violation of Opt-Out Rights ( 15 U.S.C. 6802 ( b ) ( c ) ) As detailed in my opt-out notice, I have exercised my right to prevent the disclosure of nonpublic personal information. Your failure to honor this request and your continued reporting of unauthorized information violates the Gramm-Leach-Bliley Act ( GLBA ).

4. Breach of Fiduciary Duty and Contractual Obligations Your disregard for federal law and refusal to protect my personal information represent a breach of fiduciary duty and contractual obligations. Reporting false and unauthorized information for financial gain is an egregious violation of consumer trust.

5. Fraudulent Intent and Financial Exploitation ( 18 U.S.C. 894 ) Under this statute, any attempt to collect or punish for nonpayment using extortionate means, including false reporting or misrepresentation, is illegal and punishable by fines and imprisonment. Your actions demonstrate fraudulent intent and financial exploitation for profit.

Demand for Immediate Action I demand the following actions be taken without delay : 1. Immediate Removal of All Unauthorized Accounts, Names, and Addresses All disputed items must be permanently removed from my consumer report across Equifax, XXXX, and XXXX. 
XXXX. Written Confirmation of Compliance Provide written confirmation of the removal of unauthorized information and an acknowledgment of the inaccuracies. 
XXXX. Assurance of Compliance with Federal Laws Confirm your compliance with the FCRA, GLBA, and other applicable federal laws to prevent further violations.

Severe Consequences for Noncompliance Failure to comply with these demands will result in immediate escalation, including : Filing additional complaints with the CFPB, FTC, and relevant state agencies.

Pursuing legal action for violations of the FCRA, GLBA, and federal fraud statutes.

Seeking statutory, actual, and punitive damages for financial and emotional harm caused by your unlawful practices.

Recovering court and arbitration fees resulting from your negligence and misconduct.

Fair Resolution To resolve this matter fairly and promptly, I expect the following : XXXX. All unauthorized, inaccurate, and fraudulent information must be blocked within four business days. 
XXXX. XXXX, Equifax, and XXXX must cease reporting unauthorized accounts, names, and addresses to prevent further harm. 
XXXX. Written assurance that my consumer rights under federal law will be honored moving forward. 
Violations of Federal Law and Due Process XXXX. Failure to Block Information Under 15 U.S.C. 1681c-2 Under FCRA Section 605B, consumer reporting agencies are mandated to block the reporting of information resulting from identity theft within four business days of receiving appropriate documentation, including an FTC Identity Theft Report. I have submitted all required documentation, including proof of identity and address, yet you continue to report these items. This failure to act within the legally prescribed timeframe constitutes a blatant violation of federal law.

2. Misrepresentation of Material Facts By refusing to block the disputed accounts, XXXX is perpetuating inaccuracies and misrepresentations on my consumer report. Misrepresentation, whether intentional or negligent, is a form of fraud under federal law. Your actions infringe on my rights to fairness and accuracy under 15 U.S.C. 1681e ( b ), which mandates reasonable procedures to assure maximum possible accuracy. 
XXXX. Violation of Due Process and Fraudulent Intent Your refusal to block unauthorized information despite proper notice and documentation violates my fundamental right to due process. Moreover, your financial gain from reporting this informationthrough data sales and subscriptionsconstitutes fraudulent intent and a direct conflict of interest. Under 18 U.S.C. 1001, knowingly and willfully falsifying or concealing material facts in this manner is punishable by fines and imprisonment. 
XXXX. Unfair and Deceptive Practices Under 15 U.S.C. 45 Your continued reporting of disputed and unauthorized information without proper investigation or resolution constitutes unfair and deceptive practices under the Federal Trade Commission ( FTC ) Act. These practices undermine consumer trust and cause undue financial harm, including damage to my creditworthiness and reputation.

Legal Precedents Supporting My Claims Dalton v. Capital Associated Industries, Inc. ( 257 F.3d 409 ) : Established that consumer reporting agencies are liable for failing to investigate disputed information adequately and must ensure the accuracy of consumer reports.

Pintos v. Pacific Creditors Assn ( 605 F.3d 665 ) : Reinforced that permissible purpose under the FCRA must be strictly adhered to and that reporting agencies bear responsibility for ensuring accurate and authorized reporting.

FTC v. Equifax Inc. ( 2020 ) : Highlighted the FTCs authority to penalize credit reporting agencies for failing to comply with FCRA obligations, including ensuring the accuracy and integrity of consumer reports. 

Credit reporting agencies such as XXXX, Equifax, and XXXX, along with any involved furnishers of information, could face significant court and arbitration fees, damages, and penalties under various federal statutes for fraudulent practices and violations involving your consumer report. Below is an outline of potential financial consequences for their actions : Federal Statutory Damages and Penalties XXXX. Fair Credit Reporting Act ( FCRA ) - 15 U.S.C. 1681 Willful Noncompliance ( 15 U.S.C. 1681n ) : Statutory damages : Up to {$1000.00} per violation.

Punitive damages : Awarded at the courts discretion for egregious violations.

Attorneys fees and court costs : Fully recoverable.

Negligent Noncompliance ( 15 U.S.C. 1681o ) : Actual damages : Includes financial harm, emotional distress, and loss of credit opportunities.

Attorneys fees and court costs : Fully recoverable.

2. Equal Credit Opportunity Act ( ECOA ) - 15 U.S.C. 1691e Actual damages : Includes harm caused by discriminatory or retaliatory actions ( e.g., closure of accounts or adverse actions ). 
Statutory damages : Up to {$10000.00} per violation. 
Class action liability : Up to {$500000.00} or 1 % of the violators net worth, whichever is less. 
Attorneys fees and court costs : Fully recoverable.

3. Gramm-Leach-Bliley Act ( GLBA ) - 15 U.S.C. 6801-6809 Violations for unauthorized disclosures of nonpublic personal information : Fines up to {$100000.00} per violation for financial institutions.

Individual liability : Officers or directors of institutions can face fines up to {$10000.00} per violation.

4. Identity Theft Penalties- 18 U.S.C. 1028 Unauthorized reporting of information that amounts to identity theft : Fines as determined under federal guidelines.

Imprisonment for up to 15 years for knowingly misusing personal information.

5. Fraudulent Collection Practices - 18 U.S.C. 894 Extortionate collection of credit through misrepresentation or coercion : Fines : Unlimited under federal discretion.

Imprisonment : Up to 20 years for willful violations.

Court and Arbitration Fees 1. Filing Fees Federal or state court filing fees for claims under the FCRA typically range from {$400.00} to {$500.00} per case.

Arbitration filing fees, depending on the arbitrator ( e.g., XXXX or XXXX ), typically range from {$750.00} to {$2000.00}, but these costs are usually shifted to the violator under consumer protection laws. 
XXXX. Arbitrators Fees Arbitrators hourly rates range from {$300.00} to {$600.00} per hour, depending on the complexity of the case and the jurisdiction. These fees are often shifted entirely to the violator. 
XXXX. Expert Witness Fees Expert witnesses for demonstrating financial harm or violations of federal law may charge {$200.00} to {$500.00} per hour, with total costs reaching {$10000.00} to {$20000.00} or more.

4. Attorneys Fees Under the FCRA, FDCPA, and ECOA, prevailing consumers are entitled to recover full attorneys fees, which often range from {$200.00} to {$600.00} per hour, resulting in total fees of {$10000.00} to {$100000.00} or more for complex cases.

5. Court-Imposed Sanctions Courts can impose sanctions for bad faith litigation tactics or refusal to comply with discovery requests. These sanctions can include additional fines, covering opposing counsels fees, or striking the defendants pleadings.

Class Action Liability If multiple consumers are affected by similar violations, credit reporting agencies could face : Settlements or judgments in the millions, based on the number of affected individuals and the severity of the violations.

Increased liability for statutory and punitive damages.

Conclusion Credit reporting agencies and furnishers that violate federal laws by reporting unauthorized, inaccurate, or fraudulent information could face extensive financial penalties, including but not limited to : Statutory and actual damages under the FCRA.

Punitive damages for willful noncompliance.

Attorneys fees and court/arbitration costs.

Class action settlements if violations impact a large group of consumers.

These potential consequences highlight the severity of their actions and should compel them to comply immediately with your demands to block and remove unauthorized informati

Company response to consumer: Closed with non-monetary relief