Consumer complaint received 2025-01-28 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:
I am filing a complaint against XXXX, XXXX, and Equifax for violations of my consumer rights under the Privacy Act of 1974, the Fair Credit Reporting Act ( FCRA ), and the Consumer Financial Protection Act. Despite sending an official opt-out notification to XXXX XXXX and XXXX XXXX XXXX in XX/XX/XXXX2024, these credit bureaus continue to report inaccurate and unauthorized information from third-party collection agencies that purchased my private information. 

Summary of the Complaint : Opt-Out Notification : In XX/XX/XXXX 2024, I sent an opt-out notification to XX/XX/XXXX XXXX and XXXX XXXX XXXX, requesting that they cease sharing my private information with third-party credit reporting agencies. They received my request and should have complied by no longer reporting my information. 

Violation of My Opt-Out Rights : Despite my opt-out request, XXXX, XXXX, and Equifax have allowed these companies to report unauthorized and inaccurate items on my credit report. This is a clear violation of 15 U.S.C. 6802, which gives me the right to stop third parties from accessing and reporting my private information.

Violation of the Privacy Act of 1974 : Allowing third-party collection agencies to purchase my private information and then report it on my credit report is a violation of the Privacy Act of 1974 ( 5 U.S.C. 552a ). This act protects individuals ' personal data, and these agencies are unlawfully disclosing and using my private information without my consent.

Failure to Conduct Proper Investigations : When I disputed the inaccuracies, XXXX, XXXX, and Equifax failed to conduct proper investigations as required by 15 U.S.C. 1681i. Instead, they allowed these inaccurate items to remain on my credit report without proving that the information was authorized or accurate. This constitutes a sham investigation under the FCRA.

Inaccurate Reporting : The third-party collection agencies continue to report inaccurate information on my credit file, which violates 15 U.S.C. 1681e ( b ). This section requires that all information reported on a consumers credit file must be accurate, but these items are not only inaccurate but also unauthorized.

Reinsertion of Removed Items : If any of the disputed items are removed from my credit report and later reinserted without my consent or proper verification, I will consider it a violation of 15 U.S.C. 1681s-2 ( a ) ( 5 ). If these items are reinserted after removal, XXXX, XXXX, and Equifax are required to notify me within 5 business days and provide a notice of the reinsertion as per 15 U.S.C. 1681i ( a ) ( 6 ). Reinsertion without proper notification and proof of authorization is a violation of the FCRA.

Violations : Violation of 15 U.S.C. 6802 ( Opt-Out Rights ) : I sent a lawful opt-out request in XX/XX/XXXX 2024, which was received by XX/XX/XXXXXXXX and XXXX XXXX XXXX, prohibiting them from sharing my information with third-party companies. The continued reporting by XXXX, XXXX, and Equifax violates my privacy rights under this law. 

Violation of the Privacy Act of 1974 ( 5 U.S.C. 552a ) : By allowing third-party collection agencies to purchase and report my private data without my consent, XXXX, XXXX, and Equifax are violating the Privacy Act of 1974, which regulates the disclosure and sharing of personal information. This is an unlawful disclosure of my private data to unauthorized entities.

Violation of 15 U.S.C. 1681e ( b ) ( Accuracy of Information ) : The continued reporting of inaccurate and unauthorized information by XXXX XXXX and XXXX XXXX XXXX through XXXX, XXXX, and Equifax is a violation of 15 U.S.C. 1681e ( b ), which requires that information reported to credit agencies must be accurate and complete.

Violation of 15 U.S.C. 1681i ( Failure to Investigate Disputes ) : XXXX, XXXX, and Equifax have failed to investigate my disputes properly under 15 U.S.C. 1681i. They have not verified the accuracy of the disputed information or provided proof that the information was authorized by me.

Violation of 15 U.S.C. 1681h ( e ) ( Notice of Dispute ) : I have not received any notices of dispute from XXXX, XXXX, or Equifax, as required by 15 U.S.C. 1681h ( e ). These notices should be issued when inaccuracies are reported by third-party collection agencies.

Violation of 15 U.S.C. 1681s-2 ( a ) ( 5 ) ( Reinsertion of Information ) : If any disputed items are removed from my credit report and later reinserted, XXXX, XXXX, and Equifax must provide written notice to me within 5 business days. Failure to provide notice of reinsertion, or reinsertion without proper documentation of authorization, is a violation of 15 U.S.C. 1681s-2 ( a ) ( 5 ).

Violation of FCRA Section 611 ( a ) ( 5 ) ( Documentation Used to Verify Accuracy ) : Under FCRA Section 611 ( a ) ( 5 ) ( 15 U.S.C. 1681i ( a ) ( 5 ) ), if a credit reporting agency conducts an investigation and decides to keep a disputed item on a consumer 's credit report, it must provide the consumer with the documentation used to verify the accuracy of that item. This includes providing the original signed wet signature from the creditor or collection agency that authorized the reporting of the disputed information. 

I am requesting XXXX, XXXX, and Equifax to provide me with : A copy of all documentation used to verify the disputed information, A signed wet signature from the creditor or collection agency confirming that the information was authorized by me, as required by law. 
If they can not provide this documentation, then the disputed items must be removed from my credit report immediately. The failure to provide such documentation violates my rights under 15 U.S.C. 1681i ( a ) ( 5 ). 


Request for Resolution : Immediate Cease Reporting : I request that XXXX, XXXX, and Equifax stop allowing third-party collection agencies to report inaccurate and unauthorized items on my credit report, in violation of my opt-out rights and the Privacy Act of 1974. 
Proper Investigation and Verification : I request that these credit reporting agencies conduct proper and thorough investigations of the disputed items, as required by FCRA Section 611 ( 15 U.S.C. 1681i ), and provide proof of my authorization for these items to be reported. If they can not provide such proof, I expect the items to be removed from my credit report immediately.

Compliance with the Privacy Act of 1974 : I request that XXXX, XXXX, and Equifax ensure they are fully compliant with the Privacy Act of XXXX, protecting my private information from unauthorized disclosure to third-party collection agencies. 

Notification of Reinsertion : If any disputed items are reinserted after being removed, I expect XXXX, XXXX, and Equifax to notify me within 5 business days as required by 15 U.S.C. 1681i ( a ) ( 6 ) and 15 U.S.C. 1681s-2 ( a ) ( 5 ). 

Provide Documentation : I request that XXXX, XXXX, and Equifax provide the documentation used to verify the disputed items, including the signed wet signature from the creditor or collection agency authorizing the reporting of the information, as per FCRA Section 611 ( 15 U.S.C. 1681i ( a ) ( 5 ) ).

Take Enforcement Action : If the requested actions are not taken within the appropriate time frame, I ask that the CFPB investigate and take enforcement action against XXXX, XXXX, and Equifax for violations of my privacy rights and the FCRA. 

I respectfully ask that the CFPB investigate this matter and take appropriate action to enforce my rights as outlined above. If this issue is not resolved in a timely manner, I will consider pursuing further legal action. 

Thank you for your attention to this matter. I look forward to your prompt response.

Company response to consumer: Closed with non-monetary relief