Consumer complaint received 2025-03-26 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: GA

Complaint narrative:
Dear Equifax Dispute Department, This letter serves as a Final Notice regarding your repeated and willful violations of the Fair Credit Reporting Act ( FCRA ) and other consumer protection laws concerning the fraudulent and unlawfully reported XXXX XXXX XXXX account ( Account # XXXX ) on my credit report. 

Violation of FCRA and Legal Rights I have submitted multiple dispute requests to Equifax and the Consumer Financial Protection Bureau ( CFPB ), including extensive documentation proving the fraudulent nature of the account. However, Equifax has continued to : 1. Fail to Provide the Method of Verification ( MOV ) despite multiple requests, violating FCRA 15 U.S.C. 1681g ( a ) ( 2 ).

2. Ignore Debt Validation Requirements, failing to present any original signed contracts or validation documents, violating FCRA 15 U.S.C. 1681s-2 ( b ).

3. Falsely Claim Verification, despite written confirmation from XXXX XXXX XXXX that they have ceased collection and are no longer reporting this debt.

4. Willful Non-Compliance with Reasonable Investigation Requirements under FCRA 15 U.S.C. 1681i ( a ) ( 1 ) ( A ).

5. Failure to Ensure Maximum Possible Accuracy as required by FCRA 15 U.S.C. 1681e ( b ).

6. Violation of Fair Credit Billing Act ( FCBA ) 15 U.S.C. 1666b, for failing to provide a 21-day advance notice of late payments.

7. Deceptive and Unfair Practices under the FTC Act - 15 U.S.C. 45 ( a ), by stalling the resolution of this dispute and falsely asserting that the account is valid without proper evidence.

Failure to Ensure Accuracy ( FCRA - 15 U.S.C. 1681e ( b ) ) FCRA - 15 U.S.C. 1681e ( b ) - Accuracy of Reports This section states : Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 

This means that Equifax, XXXX, and XXXX have a legal obligation to : 1. Implement reasonable procedures to ensure the accuracy and completeness of the information they report.

2. Verify the authenticity and correctness of the information they receive from creditors and data furnishers.

3. Conduct a thorough reinvestigation if a consumer disputes the accuracy of the information on their credit report.

By falsely updating the historical account information, Equifax is perpetuating inaccurate and misleading information that harms my creditworthiness. Your records should reflect the original delinquency date and not fabricate updates to make the account appear new.

1. Illegal Re-Aging of Debt ( FCRA - 15 U.S.C. 1681c ( a ) ( 4 ) ) Equifax has been continuously updating the historical account data to make it appear as a newer or recently updated account, commonly known as re-aging the debt. This practice is illegal under the FCRA and constitutes a willful violation of my rights. The FCRA strictly prohibits the reporting of outdated or misleading information.

It has come to my attention that the charge-off is being reported month after month on my payment history, which is incorrect. According to the Fair Credit Reporting Act ( FCRA ), negative information such as a charge-off should only be reported once, corresponding to the date it was charged off.

The FCRA requires that credit reporting agencies ensure the accuracy of the information they report ( 15 U.S.C. 1681e ( b ) ). Repeatedly reporting the charge-off each month results in a misleading and inaccurate credit report, which has significantly harmed my credit score.

Additionally, the statute of limitations for reporting a charge-off is seven years from the date of the first delinquency that led to the charge-off ( 15 U.S.C. 1681c ( a ) ( 4 ) ). Continuously reporting this charge-off as a new event each month does not reset the statute of limitations and is improper.

I request that you promptly investigate this account and correct the inaccurate information by removing the repeated entries of the charge-off from my payment history. Please update my credit report accordingly and provide me with a confirmation of these corrections.

I am writing to formally request a 1099-C form ( Cancellation of Debt ) related to the account associated with XXXX XXXX XXXX XXXX is currently being reported on my credit report. If this debt has been forgiven, canceled, or settled for less than the full balance, the IRS 1099-C form is required to be filed under 26 U.S.C. 6050P if the amount of canceled debt exceeds {$600.00}.

In addition to the 1099-C form, I am disputing the accuracy of the debt and requesting verification in compliance with the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S.C. 1681i ( Reinvestigation of Disputed Information ), and 15 U.S.C. 1681s-2 ( Responsibilities of Furnishers of Information ) . I am entitled to request and receive complete documentation to verify the accuracy and legality of this account 's reporting, and I am invoking my rights under [ Your State ] law to receive proper validation of this debt.

Written Communication Only : Please be advised that I am requesting written communication only regarding this matter.

I do not wish to receive any phone calls or other forms of communication. Any correspondence should be directed to the address listed above. This request is made pursuant to my right under 15 U.S.C. 1692c ( c ) of the Fair Debt Collection Practices Act ( FDCPA ), which entitles me to request that all communication from you be in writing.

Requests for Documentation : 1. 1099-C Form : 2. If the debt has been discharged, forgiven, or settled for less than the full amount, I request that you provide a copy of the 1099-C form filed with the IRS. This form is required when the forgiven amount exceeds {$600.00}. If you have not filed this form, or if you can not provide it, I will assume that the debt has been discharged and should no longer be reported as owed on my credit report. Failure to file the 1099-C may constitute fraudulent reporting of the debt.

3. Authenticated Double-Entry Accounting Records : In addition to the 1099-C, I am requesting full double-entry accounting records for the account in question. This should include a detailed breakdown that shows all transactions, including the original balance, payments, interest, fees, and any other adjustments made to the account. Please ensure that the records comply with standard accounting practices, and provide authenticated evidence of the debt, rather than a simple list of charges or account statements. The court ruling in Chaudhry v. Gallerizzo, 174 F.3d 394 ( 4th Cir.

1999 ), states that debt collectors must provide verified and authenticated documentation, not merely conclusory statements.

4. Proof of Legal Right to Report and Collect the Debt : I also request authenticated evidence, in compliance with Georgia Fair Business Practices Act ( O.C.G.A. 10-1-390 ) law, that you have the legal right to report and collect this debt. This should include the original signed contract or agreement showing my obligation to pay the debt and your legal right to enforce collection and report it to the credit bureaus. In Spears v. Brennan, 745 N.E.2d 862 ( Ind.

Ct. App. 2001 ), the court held that creditors must provide original signed documentation to prove the validity of a debt. Failure to provide this evidence could result in violations of both state and federal consumer protection laws.

Request for Deletion if Evidence is Not Provided : If you are unable to provide the requested documentation or proof of the debt, I request that you immediately delete this account from my credit report in compliance with 15 U.S.C. 1681i and 15 U.S.C. 1681s-2. Under these provisions, you are required to investigate and correct any inaccuracies in the information you report to consumer reporting agencies.

Failure to respond to this request, or failure to provide the required documentation, will compel me to take further action. I will file a formal complaint with the Consumer Financial Protection Bureau ( CFPB ), pursue legal remedies, and, if applicable, file a Suspicious Activity Report ( SAR ) with the IRS under FinCEN Form 111 for potential fraud if you continue to report inaccurate or unverified information.

Please respond within 30 days of receipt of this letter. I look forward to receiving the requested documentation or confirmation that the account has been deleted from my report Specific Documentation and Information Requests As per my previous demands and legal requirements, I formally request that Equifax provide the following within 15 days of receipt of this notice : 1. Method of Verification ( MOV ) : Documentation proving the exact source and method used to verify the disputed account.

Contact information for the furnisher, including name, address, and telephone number.

2. Chain of Title Documentation : Proof of ownership transfer from XXXX XXXX XXXX to XXXX XXXX XXXX, including sale and assignment agreements. 
XXXX. Debt Validation Documents : Signed contract or agreement allegedly linking me to the debt.

Complete payment history and charge-off notices.

Proof of any pre-repossession notices ( UCC 9-611 ) and post-sale notices ( UCC 9-613 ).

4. Proof of Compliance with FCRA and FDCPA Requirements : Complete records of all communications between Equifax and the data furnisher ( XXXX and/or XXXX XXXX XXXX XXXX 
Evidence of compliance with the 21-day notice requirement before reporting late payments, as per the FCBA 15 U.S.C. 1666b.

1. Immediate Deletion of the Fraudulent Account from my credit report.

2. Written Confirmation that the disputed item has been permanently removed.

3. Compensation for Willful Violations : I am demanding {$1000.00} per violation as stipulated under FCRA 15 U.S.C. 1681n for willful and negligent non-compliance, totaling a minimum of {$5000.00} for the continuous harm caused by the failure to properly investigate and the perpetuation of inaccurate reporting.

Company response to consumer: Closed with explanation