Consumer complaint received 2025-06-29 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: EQUIFAX, INC.
State: MO

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX, MO XXXX Date : XX/XX/XXXX Equifax Information Services LLC XXXX. XXXX XXXX XXXX, GA XXXX Subject : Final Legal Notice Failure to Verify, Reinvestigate, or Delete Fraudulent XXXX XXXX Account Violations of FCRA & Legal Demand for Immediate Deletion Dear Equifax Compliance Department, This correspondence constitutes my final legal demand concerning the fraudulent XXXX XXXX account appearing on my Equifax credit report. I am writing to place you on notice that you are now in violation of the Fair Credit Reporting Act ( FCRA ) and other federal statutes due to your continued reporting of inaccurate and unverified data, despite multiple formal disputes and requests for verification. 

On XX/XX/XXXX, I submitted a written request to Equifax for the Method of Verification ( MOV ) regarding this account pursuant to 15 U.S.C. 1681i ( a ) ( 6 ) ( B ) ( iii ). As of XX/XX/XXXX, I had not received the required documentation. On that same date, I filed a formal complaint with the Consumer Financial Protection Bureau ( CFPB ) requesting deletion of the account. As of today, XX/XX/XXXX, the account remains on my credit report, and you have failed to comply with the law.

1. Violation of FCRA 1681i ( a ) ( 6 ) ( B ) ( iii ) Failure to Provide Method of Verification You are legally required to provide the consumer with : A description of procedures used in the reinvestigation ; The name, title, and contact of the person at the furnisher ( XXXX XXXX ) who verified the account ; The date, time, and communication record of the verification ; Copies of any documents used to verify the disputed information. 

Despite my formal MOV request made on XX/XX/XXXX, you failed to provide any such information within the 15-day statutory period, which ended on or around XXXX XXXX XXXX. This constitutes a direct violation of 15 U.S.C. 1681i ( a ) ( 6 ) ( B ) ( iii ).

2. Violation of FCRA 1681i ( a ) ( 1 ) ( A ) No Reasonable Reinvestigation Conducted The law requires that a CRA conduct a reasonable reinvestigation to determine the accuracy of any disputed information. A reinvestigation is not reasonable if it simply parrots the furnishers claims via e-OSCAR or automated systems.

Supporting Case Law : Cushman v. Trans Union Corp., 115 F.3d 220 ( 3d Cir. 1997 ) : Credit bureaus must do more than passively accept information from furnishers.

Gorman v. Wolpoff & Abramson, LLP, 584 F.3d 1147 ( 9th Cir. 2009 ) : Independent verification is required by CRAs. 

If your investigation relied on automated confirmations from XXXX XXXX without documentary support ( e.g., a wet-ink signature or digital application ), you failed to meet this legal standard.

3. Violation of FCRA 1681i ( a ) ( 5 ) ( A ) Unverifiable Data Must Be Deleted The FCRA mandates : If, after any reinvestigation ..., the information is found to be inaccurate or can not be verified, the information shall be promptly deleted. 

Your continued reporting of this XXXX XXXX account without producing any verification documents means the item can not be verified, and therefore must be removed under federal law.

4. Violation of FCRA 1681c-2 ( a ) Failure to Block Fraudulent Identity Theft Information I have submitted a formal identity theft report, a government-issued ID, and proof of residence as required. Under FCRA 605B / 15 U.S.C. 1681c-2 ( a ) : A consumer reporting agency shall block the reporting of any information identified in the consumers report as resulting from identity theft not later than 4 business days after receiving appropriate documentation.

Case Law : Peart v. Shippie, No. 06-1495 ( E.D. Pa. 2007 ) : A CRA must block such accounts within the timeframe, regardless of whether the furnisher insists the account is valid.

Your failure to block this item is a blatant violation of this statute.

5. Applicable Penalties Under Federal Law You are now exposed to civil liability for : Statute Description Penalty FCRA 1681n Willful Noncompliance Statutory damages up to {$1000.00} per violation, punitive damages, attorneys fees FCRA 1681o Negligent Noncompliance Actual damages, costs, attorneys fees FDCPA 1692k ( if applicable via third-party collector ) False debt reporting Statutory damages up to {$1000.00} per violation, actual damages, legal fees 6. Supporting Legal Precedents Cortez v. Trans Union , LLC, 617 F.3d 688 ( 3d Cir. 2010 ) Holding XXXX  liable for failure to verify and correct. 

Dennis v. BEH-1, LLC, 520 F.3d 1066 ( 9th Cir. 2008 ) Deletion required where data could not be verified.

In re Equifax Inc. Customer Data Breach, MDL No. 2800 ( N.D. Ga. 2019 ) Equifax paid {$570.00} million for FCRA violations.

Final Legal Demands You are hereby given seven ( 4 ) calendar days from the date of this letter to comply with the following : Permanently delete the fraudulent XXXX XXXX account from my Equifax credit report ; Provide written confirmation of deletion ; Certify that the item will not be reinserted without strict compliance with FCRA 1681i ( a ) ( 5 ) ( B ) ; Provide the complete Method of Verification, which was due in response to my XX/XX/XXXX request ; Respond directly to the CFPB complaint filed on XX/XX/XXXX, with documentary evidence or confirmation of deletion. 

If You Fail to Act If you fail to comply with these demands, I will pursue : A civil action in federal court for FCRA violations ; Additional filings with the CFPB, FTC, and State Attorney General ; A request for injunctive relief, statutory and punitive damages, and attorneys fees. 

Sincerely, XXXX XXXX XXXX [ Signature, if mailing ] XXXX XXXX XXXX XXXX  XXXX, MO XXXX

Company response to consumer: Closed with explanation