Consumer complaint received 2024-12-08 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:
To : XXXX, Equifax and XXXX I am writing to formally address the ongoing inaccuracies and reporting violations on my credit reports. Despite my previous attempts to resolve these issues, the inaccurate information remains, and the credit bureaus have failed to respond appropriately. The continued inaction and false reporting of my personal information are direct violations of my rights under the Fair Credit Reporting Act ( FCRA ) and other applicable federal and state laws. 

Accounts to be Corrected : XXXX XXXX XXXX XXXX ( XXXX ) The inaccurate information reported by XXXX on my credit report, including incorrect account status, balances, or any other erroneous reporting, must be corrected. If this account has been reported as open or active while it is closed, or if there are any discrepancies with the dates and balance reported, this must be corrected immediately. 

XXXX XXXX  Similarly XXXX XXXX XXXX  has reported inaccurate information on my credit file. This includes any incorrect account status or outstanding balances that do not reflect the actual state of the account. The account status, dates, and balances reported by XXXX XXXX  must be verified and corrected immediately. 

Unauthorized Hard Inquiries Additionally, I have noticed multiple unauthorized hard inquiries that were made to my credit report without my consent. According to 15 U.S.C. 1681b ( c ), no one may obtain a credit report or perform a hard inquiry without my written consent. These inquiries need to be removed immediately as they were made in violation of my rights under the FCRA.

Legal Violations : Failure to Correct Inaccurate Information - 15 U.S. Code 1681 ( e ) : Under 15 U.S. Code 1681 ( e ), you are required to investigate and correct any inaccuracies in my credit report upon receiving a dispute. Despite my prior notifications, the inaccuracies remain uncorrected, violating this provision.

Failure to Provide Results of Investigation - 15 U.S. Code 1681 ( i ) : 15 U.S. Code 1681 ( i ) mandates that you conduct a reasonable investigation upon receiving notice of a dispute and provide the results of that investigation. The continued reporting of false information after I have disputed it is a violation of this statute.

Violation of Consumer Protection Laws- HJR 192, REMED, 1099C & 1099A : The HJR 192 REMED resolution and the 1099C and 1099A guidelines require that if a debt is written off or canceled, it must be reported as such, and a 1099-C form should be issued. I have never received such documentation, and the reporting of this debt as active is a clear violation of these rules.

Failure to Remove Inaccurate Information - FCRA Section 611 ( AX1 ) and FCRA Section 605 ( c ) : FCRA Section 611 ( AX1 ) requires the removal of inaccurate or unverifiable information upon investigation. Furthermore, FCRA Section 605 ( c ) restricts the reporting of certain negative information beyond a specific timeframe, and your continued reporting of this account is in violation of this limitation.

Right to Rescind Credit Transactions- 15 U.S. Code 1635 : According to 15 U.S. Code 1635, I have the right to rescind credit transactions under specific circumstances. The continued erroneous reporting of my credit history disregards this right, particularly regarding debts that may be canceled or rescinded.

Debt Collection Violations- 15 U.S. Code 1692 : Under 15 U.S. Code 1692, debt collectors are prohibited from reporting false or misleading information to credit reporting agencies. The account being reported on my credit file is inaccurate, and there has been no action taken to rectify this violation.

Errors in Credit Report : I find that the following information provided on my credit report is an error. This account was never late or owed any amount ( pursuant to HJR 192 REMED ). You are alleging that I owe a debt without furnishing any proof of this debt, including a full accounting ledger or proof of any 1099s that were filed on behalf of my principal. You have failed to demonstrate that you have followed all relevant laws and regulations for reporting this debt.

Therefore, you must remove this account from my credit report immediately.

It is against the law to report any information that has not been proven accurate. Under Georgia law, including provisions found in Georgia Code Title 7 - Banking and Finance, and under relevant statutes such as Georgias Fair Business Practices Act ( FBPA ), a deficiency claim can not be asserted unless all required notices were properly and timely given, and all allowable redemption and cure time limits were adhered to.

Additionally, as outlined in the Fair Debt Collection Practices Act ( FDCPA ) and Fair Credit Reporting Act ( FCRA ), you are required to adhere to the following provisions : 15 U.S.C. 1692a ( 1-7 ) : Definitions and regulations governing what constitutes fair and unfair practices in debt collection.

15 U.S.C. 1692e ( 1-12 ) : Prohibits false or misleading representations in connection with debt collection.

15 U.S.C. 1692g ( a-c ) : Requires validation of debts upon request, including the provision of evidence supporting any alleged debt.

15 U.S.C. 1666 : Governs billing errors and prohibits creditors from imposing unauthorized fees.

15 U.S.C. 1681 ( a ) : Requires accurate reporting of information and protection of consumer privacy. 

Supreme Court Cases : XXXX XXXX XXXX. Ramirez, 141 S. Ct. 2190 ( 2021 ) : The U.S. Supreme Court XXXX XXXX XXXX XXXX Ramirez emphasized that a consumer reporting agency must ensure the accuracy and reliability of the information it provides to others. If the information being reported is inaccurate, the consumer has the right to dispute and seek correction. This case reinforces my right to challenge and have corrected any inaccuracies that are being reported about my credit file.

Spokeo , Inc. v. Robins, 136 S. Ct. 1540 ( 2016 ) : In Spokeo v. Robins, the Supreme Court held that a consumer must demonstrate a concrete injury in order to bring a claim under the FCRA. The Court made it clear that when a consumer 's personal information is misused, especially in ways that can harm their financial reputation, they are entitled to seek legal remedies. The inaccurate reporting and unauthorized hard inquiries on my credit report have caused harm, and I am entitled to seek remedies under these precedents.

Consequences of Non-Compliance : The alleged claim of a deficiency is null and void, and any continued collection activities or reporting of this invalid claim on my credit reports will be considered a violation of the FDCPA and FCRA.

If you fail to comply with the above requests, I reserve all rights to seek damages against all parties involved under applicable state, federal, and Georgia-specific remedies.

Legal Demand : Under the FCRA and Georgia law, you are required by law to ensure the accuracy of all information reported. The continued failure to correct these inaccuracies despite repeated notifications is a direct violation of federal consumer protection laws. 

In addition to correcting the inaccuracies, I am entitled to damages under the FCRA, including actual damages, punitive damages up to {$1000.00}, and attorney fees. Moreover, I am entitled to damages for XXXX XXXX  in the amount of {$10000.00} due to the ongoing distress caused by the inaccurate reporting and the misuse of my personal information. 

Total Damages : Actual Damages : To be determined based on the impact this has had on my financial health. 

Punitive Damages : Up to {$1000.00} under the FCRA. 
Attorney Fees : To be determined. 
XXXX XXXX : {$10000.00} each for emotional distress caused by the continued reporting of inaccurate information, unauthorized use of my data, and the failure to correct these errors. 

Risk of Further Legal Claims : As a data furnishing company involved in the buying, selling, transferring, and securitizing accounts and personal information, you are privately profiting off my personal information. This practice not only increases the risk of data breaches but also raises concerns about identity theft. 

These activities expose you to the potential for legal claims due to mishandling consumer data and may place you at significant risk for further legal consequences. I want to make it clear that continuing these practices could expose you to claims related to past data breaches, identity theft, and violations of consumer protection laws.

If this situation is not resolved promptly, you may face additional claims for damages resulting from these violations.

Corrective Action Required : Immediate Removal of the inaccurate information from my credit reports, including the incorrect account status, dates, and balances on all three credit bureaus.

Verification of Debt : Provide proof that the reported debt is accurate, and if it is a written-off account, issue a 1099-C form as required.

Investigation Results : Provide written confirmation that a reasonable investigation has been conducted, and include the results of the investigation and any corrective actions taken.

Removal of Unauthorized Hard Inquiries : All unauthorized hard inquiries on my credit report must be immediately removed, as they were made without my written consent.

Deadline for Resolution : Please correct these errors and provide the requested documentation within 7 days of receipt of this letter. Failure to comply will leave me no choice but to file complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and pursue legal action to seek damages under the FCRA, Georgia law, and other applicable state and federal laws. 

Conclusion : The continued reporting of these inaccuracies, failure to respond to my disputes, and the false reporting of my personal information have caused significant harm. I expect these issues to be addressed immediately, and I look forward to your prompt resolution of this matter.

Company response to consumer: Closed with explanation