Consumer complaint received 2025-02-01 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Credit inquiries on your report that you don't recognize
Company: EQUIFAX, INC.
State: MI

Complaint narrative:
We received your complaint. Thank you. 
We will review your complaint. Depending on what we find, we will typically : Send your complaint to the company for a response ; or Send your complaint to another state or federal agency, or help you get in touch with your state or local consumer protection office ; or Let you know if we need more information to continue our work. 
YOUR COMPLAINT I, XXXX XXXX, am a victim of identity theft, request removal and deletion of the listed accounts on my credit report. The fraudulent inquiries are as follows : 1.XXXX XXXXXXXX bank XXXX XXXX XXXX XXXX XX/XX/XXXX, 2. XXXX XXXX bank XXXX XXXX date : XX/XX/XXXX. 3.XXXX XXXX XXXX date : XXXX XXXX. Comprehensive Dispute and Demand for Removal of Fraudulent Credit Inquiries Due to Identity Theft Alleged Violations of the Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ), 18 U.S.C. 1028, and Additional Federal Statutes ; Demand for Fines and Statutory Damages To Whom It May Concern : I write this letter to formally dispute and demand the immediate removal of several fraudulent credit inquiries from my credit file. As a victim of identity theft, I categorically state that I have neither authorized nor initiated the following inquiries : those made by XXXX XXXX Bank XXXX on XX/XX/XXXX ; by XXXX XXXX Bank XXXX on XX/XX/XXXX ; and by XXXX XXXX on XX/XX/XXXX. Their inclusion in my credit file misrepresents my credit history and violates multiple federal statutes, including various provisions of the Fair Credit Reporting Act ( FCRA ), as well as other pertinent federal laws designed to protect consumer rights. This letter is simultaneously being forwarded to the Office of the Comptroller of the Currency ( XXXX ) and Michigan Attorney General XXXX XXXX, thereby ensuring that all relevant legal and regulatory authorities are apprised of these serious violations. I. INTRODUCTION In recent years, the protection of consumer data and the integrity of credit reporting have become paramount concerns within our legal system. The statutory framework provided by the FCRA ( 15 U.S.C. 1681 et seq. ) exists to guarantee that credit reports are both accurate and fair. When fraudulent entries or unauthorized inquiries appear on a consumers file, the law imposes a duty on both credit reporting agencies and furnishers to promptly investigate and correct any inaccuracies. The inclusion of the aforementioned inquiriesresulting from clear cases of identity theftviolates these principles and undermines the consumer protections afforded under federal law. In addition, where violations of the FCRA occur, courts have consistently awarded statutory damages and fines, and I hereby demand such remedies as provided under the law. II. STATUTORY VIOLATIONS AND LEGAL FOUNDATIONS A. Violations Under the Fair Credit Reporting Act The FCRA mandates strict guidelines regarding the accuracy and completeness of information included in consumer credit reports. Several specific provisions are relevant to my dispute : The duty to ensure maximum possible accuracy, as set forth in 15 U.S.C. 1681e, imposes an unequivocal responsibility on both credit reporting agencies and information furnishers to take all reasonable steps to verify that the information they report is accurate. The inclusion of fraudulent credit inquiriesentries that were not initiated by me but rather resulted from identity theftconstitutes a clear failure to adhere to this statutory mandate. Pursuant to 15 U.S.C. 1681i, upon receipt of a consumer dispute, a full, fair, and impartial investigation must be conducted. The failure to verify the authenticity of these inquiries in light of the substantial evidence I have provided regarding identity theft represents a blatant breach of this obligation. Additionally, 15 U.S.C. 1681b, which delineates the responsibilities of furnishers of information, mandates that the data reported be complete and accurate ; the submission of information derived from fraudulent activity flagrantly violates this requirement. Moreover, 15 U.S.C. 1681c expressly prohibits the inclusion of information that results from fraudulent activity or identity theft, and 15 U.S.C. 1681s-2 requires that furnishers conduct a reasonable investigation when a consumer disputes an item and promptly update records thereafter. The continued presence of these unauthorized inquiries, despite my documented evidence of identity theft, violates these provisions and exposes your agency to significant statutory consequences. B. Violations Under Additional Federal Statutes The actions giving rise to these unauthorized inquiries also potentially violate criminal statutes designed to combat identity theft. Specifically, 18 U.S.C. 1028, the Identity Theft and Assumption Deterrence Act, criminalizes the unauthorized use of another individuals personal identifying information. The fraudulent inquiries in my credit file are the direct result of such misuse, thereby implicating this statute. The law provides for fines and penalties in connection with violations of 18 U.S.C. 1028, and any failure to correct these violations may subject your agency to further legal and financial consequences. III. CASE LAW SUPPORTING CONSUMER RIGHTS AND THE AWARD OF STATUTORY DAMAGES The legal framework supporting my claims is reinforced by significant judicial precedents that have consistently favored consumers in disputes concerning the accuracy of credit information and the imposition of fines for non-compliance with the FCRA. In Safeco Insurance Company v. Burr, 551 U.S. 47 ( 2007 ), the United States Supreme Court underscored the importance of strict adherence to the FCRAs mandates. The Court held that an incomplete or improperly conducted investigation of disputed credit items is a violation of the consumers rights under the FCRA. This decision reinforces the expectation that credit reporting agencies must fully and impartially investigate any disputed entries. Similarly, in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 ( 2016 ), the Court clarified that consumers are entitled to full remedies when inaccurate information adversely affects their credit opportunities. In numerous cases following these decisions, courts have awarded statutory damages, which in some instances may reach up to {$1000.00} per violation. The fraudulent inquiries reported in my file, which have had a material adverse effect on my creditworthiness, clearly justify the imposition of such fines and statutory damages. District court decisions, including Doe v. Capital One Bank and Doe v. TBOM MILESTO, have consistently held that furnishers bear the burden of verifying the legitimacy of all credit inquiries. Failure to do soparticularly in instances involving clear cases of identity theftexposes the responsible entities to statutory damages and injunctive relief. Additionally, cases such as Irwin v. TransUnion Corp. have firmly established that a consumers right to an accurate credit report is paramount, obligating credit reporting agencies to correct errors promptly and accurately. IV. DETAILED ANALYSIS OF THE FRAUDULENT INQUIRIES A. The Unauthorized Inquiries and Their Impact The unauthorized inquiries made by XXXX XXXX Bank XXXX on XX/XX/XXXX, and XX/XX/XXXX, along with the inquiry made by XXXX XXXX on XX/XX/XXXX, have been improperly recorded in my credit file without my consent. Their inclusion not only distorts my credit history but also has an adverse effect on my creditworthiness. Such discrepancies may lead to higher interest rates, credit denials, or other unfavorable financial consequences. It is well established that the presence of fraudulent inquiries significantly diminishes a consumers ability to secure credit, thereby causing measurable financial harm. B. The Evidentiary Record and Supporting Documentation To substantiate my claims of identity theft and the resulting fraudulent inquiries, I have enclosed the following supporting documentation : A copy of the identity theft report filed with the Federal Trade Commission, which unequivocally demonstrates that my personal information has been misused. A copy of my government-issued identification, verifying my identity and confirming that the information in my dispute is accurate. Additional affidavits and supporting documentation from relevant authorities that validate that the fraudulent inquiries were not initiated by me and constitute a clear violation of federal law. This comprehensive evidentiary record leaves no doubt as to the fraudulent nature of the inquiries and the need for their immediate removal. V. THE REQUIREMENTS OF A FULLY COMPREHENSIVE INVESTIGATION Under XXXX U.S.C. 1681i, your agency is obligated to conduct a full, fair, and impartial investigation into any disputed credit information. Such an investigation must include : A verification process to determine the authenticity of all reported inquiries. Direct communication with the furnishers of the disputed information to ascertain the source and legitimacy of each inquiry. A thorough review of all available evidence, including the identity theft report and supporting documentation provided herein. Immediate corrective action to remove any information found to be fraudulent or the result of unauthorized activity. Failure to conduct this investigation in strict accordance with the FCRA and relevant judicial mandates will not only be considered a violation of federal law but will also justify the imposition of statutory fines and the pursuit of further legal remedies. VI. THE LEGAL CONSEQUENCES OF NON-COMPLIANCE AND THE DEMAND FOR FINES Should your agency fail to remove these fraudulent inquiries and correct my credit file in a timely manner, I will pursue all available legal remedies. Under the FCRA, I am entitled to seek statutory damages for each violation. Courts have awarded fines up to {$1000.00} per violation in cases where consumers have suffered harm due to inaccurate or fraudulent credit reporting. In addition, criminal penalties under 18 U.S.C. 1028 may be applied in connection with the misuse of my personal identifying information. By ignoring these statutory requirements, your agency exposes itself to not only civil liability in the form of statutory damages and fines but also potential criminal sanctions. I hereby demand that, in addition to the immediate removal of the fraudulent inquiries, your agency acknowledges its liability for these violations and initiates the process of calculating and remitting all applicable fines and statutory damages as provided under federal law. VII. THE IMPACT ON MY CREDIT WORTHINESS AND THE BROADER IMPLICATIONS The wrongful inclusion of these fraudulent inquiries has severely undermined my creditworthiness and financial standing. Credit reports are used by lenders, employers, and landlords to assess an individuals reliability. The presence of inaccurate and fraudulent information adversely affects my ability to secure credit, potentially leading to higher interest rates or outright credit denials. Furthermore, systemic failures to prevent or promptly correct such errors compromise consumer confidence in the credit reporting system. It is imperative that your agency act decisively to uphold the integrity of consumer credit data and prevent further harm to individuals like myself. VIII. REGULATORY OVERSIGHT AND THE INVOLVEMENT OF AUTHORITIES In addition to addressing this dispute through your internal processes, I have taken the step of notifying the following regulatory authorities to ensure that this matter receives the full attention it warrants : I am copying this correspondence to the Office of the Comptroller of the Currency ( OCC ), including the Comptroller, and to Michigan Attorney General XXXX XXXX. Their involvement underscores the severity of these discrepancies and the legal obligations imposed on your agency. I expect full cooperation and immediate action in rectifying these violations, as regulatory oversight will not tolerate further non-compliance. IX. DEMAND FOR REMEDIAL ACTION AND FINANCIAL PENALTIES Given the comprehensive analysis of the statutory violations, supporting case law, and the demonstrable harm caused by the fraudulent inquiries in my credit file, I demand that your agency take the following remedial actions immediately : Initiate a comprehensive investigation into the disputed inquiries in strict compliance with 15 U.S.C. 1681i. Remove the unauthorized inquiries made by XXXX XXXX Bank XXXX on XX/XX/XXXX ; XXXX XXXX Bank XXXX on XX/XX/XXXX ; and XXXX XXXX on XX/XX/XXXX, from my credit file without delay. Update my credit report to accurately reflect my true credit history, ensuring that no fraudulent or unauthorized entries remain. Notify all relevant furnishers of these corrections, thereby ensuring that all recordsboth within your possession and those maintained by third partiesare promptly updated in full compliance with the FCRA. Provide written confirmation of the corrective actions taken and furnish me with an updated copy of my credit report reflecting these changes. Acknowledge in writing the statutory violations committed and the consequent imposition of fines and statutory damages up to {$1000.00} per violation as provided under the FCRA and related statutes. Initiate the process for the calculation and remittance of all applicable fines and statutory damages to compensate for the harm inflicted by the wrongful reporting of these fraudulent inquiries. X. CONCLUSION The inclusion of fraudulent credit inquiries resulting from identity theft is a matter of grave concern that violates the statutory obligations established under the FCRA and related federal laws. These violations have not only distorted my credit history but have also caused significant financial harm. The supporting documentation provided herein is incontrovertible and demands immediate remedial action. I expect your agency to act promptly, decisively, and in strict accordance with federal law. Failure to do so will compel me to pursue all available legal remedies, including the imposition of statutory fines, the pursuit of injunctive relief, and cooperation with regulatory authorities in further legal actions. I respectfully request that you treat this matter with the utmost urgency and respond in writing confirming the removal of the fraudulent inquiries, detailing the corrective measures taken, and acknowledging your agencys liability for fines and statutory damages. Should you require any further documentation or information to facilitate your investigation, please contact me immediately at the telephone number or email address provided above. I look forward to your prompt and favorable response.

Company response to consumer: Closed with explanation