Consumer complaint received 2024-02-12 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: GA

Complaint narrative:
Equifax, INC Unlawful Violations intentionally and recklessly committed by Credit Reporting Company/Agency The Credit reporting reporting agency unlawfully declined to block adverse items resulting from trafficking based on their assessment of the validity of my trafficking documentation which is prohibited pursuant to 1022.142 ( e ) ( 4 ). The consumer reporting agency does not have the discretion or the authority to challenge a consumer 's trafficking determination status pertaining to adverse items resulting from a severe form of trafficking in persons.

FCRA 1681s-2 ( b ) requires the furnisher to examine sufficient evidence to determine whether the disputed information is accurate. -Failure to conduct a reasonable investigation. The Adverse information resulting from trafficking was submitted to the ( Equifax ) and denied the block despite a determination already been made by XXXX that information resulted from trafficking in person and was blocked from my consumer report.

12 CFR Part 1022 - Fair Credit Reporting ( Regulation V ), Section 1022.142 -Prohibits the inclusion of adverse information in consumer reporting involving cases of human trafficking. The Credit Reporting Agency violated this rule by including adverse information in my consumer report related to trafficking.

1022.142 ( e ) ( 1 ) Block of adverse information resulting from trafficking and 1022.142 ( c ) -The credit reporting agency failed to block adverse information identified by the consumer that related to trafficking within the ( 4 ) day time requirement,. Submission Receipt Date : 12/12/2023 1022.142 ( e ) ( 2 ) Delayed Notification and Deficiency Resolution : -The credit reporting agency did not properly notify the consumer or attempt to resolve deficiencies within the specified time frame of 5 business days and didnt provide content required under 1022.142 ( f ) ( 2 ). The agency first response wasnt until 01/16/2024, ( 35 ) days after receipt of submission date on 12/12/2023.

1022.142 ( e ) ( 3 ) Violation of Timing Requirements : -The credit reporting agency failed to meet the time requirements for ( 1 ) blocking information within 4 days, ( 2 ) notifying the consumer with 5 days, and ( 3 ) making the final determination with 25 days from receipt of submission. The receipt of submission date ( XX/XX/XXXX ), the CRA first notification to consumer ( XX/XX/XXXX ) 35 days after receipt of submission, and final determination date is still undetermined, ( 62 ) days after receipt of submission.

Illegal Disclosure of Trafficking Information : -The credit reporting agency unlawfully disclosed trafficking information to credit furnishers, causing further harm and damages to the my consumer 's credit reporting statement 1022.142 ( e ) ( 4 ) Improper Rescission of Block : -The credit reporting agency unlawfully declined to block adverse information based on the validity of the facts and circumstances of the consumer trafficking documentation. The consumer provided documentation including a ( victim determination ) under paragraph 1022.142 ( b ) ( 6 ) ( i ). The appropriate proof of identity was confirmed under paragraph 1022.142 ( b ) ( 1 ). Consumer Reporting Agencies didnt provide proper notification using the method of contact specified by the consumer in ( b ) ( 6 ) ( ii ) ( B ) of 1022.142. And they continue to send mail documents to wrong address when my mailing address is stated in my documents.

" Pursuant to 12 U.S. Code 5536, it is unlawful for any covered person or service provider to commit any act or omission in violation of a Federal consumer financial law or to engage in any unfair, deceptive, or abusive act or practice. '' ( 12 U.S. Code 5531 ) Inability of Consumers to Protect their Interests : -As a Consumer Im unable to protect my interests when using financial products or services hosted by the Credit Reporting Company due to limited provider choices and reliance on covered persons ( 18 U.S. Code 241 ) Conspiracy against Rights : -Credit reporting company and furnishers conspired to infringe upon my individual constitutional rights and privileges.

( 15 U.S. Code 1681x, 1681I, and 12 CFR 1022.142 ) Violation of Debt Bondage Repair Act : -The credit reporting company violated the Debt Bondage Repair Act and National Defense Authorization Act by including negative information in the credit report of trafficking survivor. 

( 15 U.S. Code 1681 ( a ), 1681 ( b ) ) Inaccurate and Unfair Credit Reporting : -The credit reporting agency violations of credit reporting requirements resulted in inaccurate and unfair reporting of the consumer 's credit information.

15 U.S. Code 1681c3-Adverse information in cases of trafficking.

-Consumer reporting agency included adverse information in my consumer report despite the case of human trafficking.

Violation of 22 U.S. Code 78 ( Trafficking Victims Protection Act ) : -CRA violated aspects of trafficking outlined In Violation of 22 U.S. Code 78, including my privacy and protection as a trafficking victims.

Unfortunately, as a victim its challenging obtaining the protection, fair treatment and benefits Im entitled to, because of CRA decision to deny my self attestation and determination certification letters. This has resulted in a lack of necessary support for my safety, protection, and overall well-being.

Justice for Victims of Trafficking Act of 2015 ( Sec. 102 ) Trafficking Victims Protection Act allows US citizens and permanent residents who are victims of severe forms of trafficking to access benefits and services without official certification from the Department of Health and Human Services ( HHS ).

Traffking Protection Act of 2000 ( 22 U.S.C. 7102 ) Credit Reporting Agency violated the act which allows trafficking victims to access benefits and services without official certification, amending the Trafficking Victims Protection Act of 2000.

Summary : The credit reporting agency violated multiple laws and regulations, resulting in various damages and hardships for the consumer. These violations include : Unlawfully declining to block adverse information related to trafficking, within the required timeframe despite the consumer providing valid documentation. 
Failure to protect personal information and engage in proper investigation and resolution of fraudulent accounts, leading to financial losses and extensive efforts to resolve the issue. 
Mishandling valid disputes, prolonging the presence of erroneous information, causing ongoing harm. 
Violations of consumer rights, including failure to comply with laws and neglecting investigations, causing harm. 
Employment and housing denials due to inaccurate and damaging information provided by the credit reporting agency. 

Damages and Injuries Homelessness and difficulty finding housing due to inaccurate consumer reports. Declining income and financial hardship, affecting basic needs. Including challenges in accessing healthcare services and mental health support. Lack of stability and employment opportunities. Difficulty obtaining consumer reports when needed. Neglect by credit reporting agencies and data furnishers in resolving trafficking issues. Fear of retaliation and limited credit access, impacting financial freedom. Fear for personal safety and well-being due to income decline and limited credit access. 

The consumer is seeking various forms of compensation and relief, including criminal penalties for the violators, equitable relief, punitive damages, monetary damages under the Fair Credit Reporting Act, compensation for losses, injury, and restitution, and damages for mental, emotional, and financial distress. The violations have caused damage to the consumer 's reputation and credit profile, hindering their ability to access credit for basic needs and overall well-being. Compensatory damages of {$75000.00}. And {$90000.00} for punitive damages as well doing what is right by blocking the adverse items resulting from severe forms of trafficking off my consumer report.

Company response to consumer: Closed with explanation