Consumer complaint received 2025-05-13 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: EQUIFAX, INC.
State: TX

Complaint narrative:
This letter constitutes my formal invocation of binding arbitration proceedings pursuant to the Jury Trial Waiver and Arbitration Clause in the alleged Consumer Installment Loan Agreement dated XX/XX/XXXX, superseding my prior arbitration demand dated XX/XX/XXXX. I demand the immediate removal of the fraudulent debt associated with account number XXXX from my credit report, as well as the cessation of all collection activities. This debt is the result of identity theft, and your continued reporting violates the Fair Credit Reporting Act ( FCRA ), the Fair Debt Collection Practices Act ( FDCPA ), the Truth in Lending Act ( TILA ), and the Texas Finance Code. Your failure to provide a requested audio recording, which you claim ties me to this loan, further undermines your position and raises concerns about its authenticity. Copies of this letter are being sent to the Consumer Financial Protection Bureau ( CFPB ) and Experian to ensure oversight and compliance. I demand this debt be removed from my credit report immediately, and failure to comply will result in further legal action through arbitration, additional regulatory complaints, and a lawsuit for damages. 

Evidence of Identity Theft and Your Inadequate Investigation I have consistently asserted that I am a victim of identity theft, as documented in my FTC Identity Theft Report ( FTC Report Number : XXXX, dated XX/XX/XXXX ), which explicitly names XXXX as a fraudulent account with an original balance of {$5000.00}. I first notified you of this fraud on XX/XX/XXXX, via email to XXXX, attaching my FTC Identity Theft Report. On XX/XX/XXXX, I sent a formal dispute letter enclosing the FTC report, proof of identity, and the FTCs Notice XXXX Furnishers, demanding the accounts closure and removal from my credit files. Despite this, your investigation concluded on XX/XX/XXXX, that no fraud occurred, without providing any substantive details. When I followed up on XX/XX/XXXX, requesting specifics, you refused to disclose them, citing confidentiality, which violates your duty to provide a meaningful investigation under 15 U.S.C. 1681s-2 ( b ) of the FCRA.

Your refusal to provide a wet ink signature or other verifiable evidence of my consent further undermines your position. I explicitly stated in my XX/XX/XXXX, email that I have no documents and demanded proof of my signature, which you have failed to produce. This lack of transparency and failure to substantiate the debts validity also violates 15 U.S.C. 1692g of the FDCPA, which requires proper validation upon request. 

Failure to Provide Requested Recording and Authenticity Concerns As part of your investigation, you claimed to have evidence tying me to this loan, specifically an audio recording. I requested this recording on XX/XX/XXXX, to verify its authenticity, but you refused to provide it, citing confidentiality. This refusal violates your obligation under 15 U.S.C. 1692g to validate the debt with concrete evidence upon request. Your failure to produce the recording raises serious doubts about its legitimacy and whether it can be substantiated as genuine. Without access to the recording, along with its metadata and a verifiable chain of custody, I can not confirm its authenticity, further supporting my assertion of identity theft. Your lack of transparency suggests potential deceptive practices, undermining your claim that this loan is legitimate. 

Arbitration and Violations of TILA and Regulation Z I am formally invoking arbitration to resolve this dispute, as required by the terms of the alleged loan agreement, and I expect your immediate cooperation to avoid further escalation. Your deceptive practice of attributing this loan to me without my consentand failing to provide verifiable evidence to support your claimconstitutes an unconscionable act under the Truth in Lending Act ( TILA ), 15 U.S.C. 1601 et seq., and Regulation Z, 12 C.F.R. Part 1026, which require clear disclosure and consent for credit transactions. Your refusal to resolve this matter through proper channels has necessitated this arbitration invocation, where I will seek actual damages, statutory damages, and attorneys fees under 15 U.S.C. 1640. 

Violations of Federal and State Laws Your actions violate multiple provisions of federal and state law : FCRA Violations ( 15 U.S.C. 1681 et seq. ) : Under 15 U.S.C. 1681s-2 ( b ), you are required to investigate disputes and delete fraudulent information. Your failure to remove this debt from my credit report after multiple disputes constitutes a willful violation. Under 15 U.S.C. 1681i, you have failed to ensure the accuracy of reported information by continuing to report this fraudulent debt.

FDCPA Violations ( 15 U.S.C. 1692 et seq. ) : Your continued collection efforts violate 15 U.S.C. 1692c ( c ) by ignoring my requests to cease communication ( e.g., XX/XX/XXXX, dispute letter ), 15 U.S.C. 1692e ( 8 ) by reporting a disputed debt without noting the dispute, and 15 U.S.C. 1692g by failing to provide proper validation, including the requested recording.

TILA and Regulation Z Violations ( 15 U.S.C. 1601 et seq., 12 C.F.R. Part 1026 ) : Attributing this loan to me without my consent, and failing to provide verifiable evidence, violates TILAs requirement for clear disclosure and authorization. 



Texas Finance Code, Chapter 306 : Your actions violate Texas consumer credit regulations by pursuing a debt that is not legally owed and continuing to report it. 

Real-Life Case Law Supporting My Position Your conduct aligns with violations found in prior legal cases : In Saunders v. Branch Banking & Trust Co. , 526 F.3d 142 ( 4th Cir. 2008 ), the court held that a furnishers failure to conduct a reasonable investigation under the FCRA after a dispute resulted in liability for damages. Your inadequate investigation and refusal to disclose evidence mirror this misconduct.

In Drew v. Equifax Info. Servs., LLC , 690 F.3d 1100 ( 9th Cir. 2012 ), the court awarded damages for emotional distress caused by improper credit reporting. I have stated ( e.g., XX/XX/XXXX, email to XXXX XXXX ) that this ordeal has taken a toll on my mental health and blocked me from providing for my family, entitling me to similar damages. 



In Thomas v. TransUnion LLC, 197 F. Supp. 2d 1213 ( D. Or. 2002 ), the court ruled that failure to remove a fraudulent account after an identity theft report violated the FCRA. My FTC Identity Theft Report obligates you to remove this debt immediately.

In Cortez v. Trans Union , LLC, 617 F.3d 688 ( 3d Cir. 2010 ), the court upheld damages under TILA for deceptive credit practices, supporting my claim that your actions, including failing to provide verifiable evidence, violate TILA and Regulation Z. 

Impact on My Credit and Life This fraudulent debt has caused my XXXX XXXX to severely decrease, as noted in my XX/XX/XXXX, CFPB complaint, preventing me from obtaining new credit lines and causing significant financial stress. The Experian report ( XX/XX/XXXX ) lists this account as charged off with a balance of {$6400.00}, damaging my creditworthiness. This aligns with the harm recognized in Drew v. Equifax, justifying both removal of the debt and damages for emotional distress.

Demands I demand the following actions within 10 days of receipt of this letter : Immediate Removal : Remove the account ( XXXX ) from all credit reports, including Experian, TransUnion, and Equifax. 



Cease Collection : Stop all collection activities immediately.

Provide Recording and Verify Authenticity : Provide the audio recording you claim ties me to this loan, along with its metadata and chain of custody, to verify its authenticity. Failure to do so will be taken as evidence of potential fabrication.

Written Confirmation : Provide written confirmation of compliance with these demands. 



Investigation Disclosure : Disclose the findings and methodology of your investigation, as required by 15 U.S.C. 1681i, despite your prior refusal.

Arbitration Cooperation : Acknowledge this invocation of arbitration and select an arbitration organization ( XXXX or XXXX ) or agree to a local arbitrator, as required by the loan agreement. 

Revocation of Permission and Legal Consequences Pursuant to 15 U.S.C. 1692e ( 8 ), I revoke any permission for you to report this debt to any credit bureau. Your failure to comply will result in : Pursuit of remedies through arbitration, including actual damages, statutory damages, and attorneys fees under 15 U.S.C. 1640 ( TILA ) and 15 U.S.C. 1681n ( FCRA ).

Further complaints to the CFPB, FTC, and Texas Attorney General, which may lead to regulatory penalties.

Reporting to the Federal Deposit Insurance Corporation ( FDIC ), as my initial complaint was referred to them on XX/XX/XXXX. 

Certification and Intent to Pursue Legal Action Under penalty of perjury, I certify the accuracy of this letter and my identity theft claim. I intend to pursue all legal remedies through arbitration and, if necessary, additional litigation for violations of the FCRA, FDCPA, TILA, and Texas state laws if my demands are not met. I have retained all correspondence, CFPB complaints, the FTC Identity Theft Report, and my arbitration demand as evidence. 

You are on notice of your legal obligations. Act immediately to avoid further liability. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with non-monetary relief