Consumer complaint received 2024-05-31 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: NJ

Complaint narrative:
I am writing to formally request the immediate removal of an erroneous account reported by XXXX XXXX XXXX XXXX XXXX XXXX, account number XXXX from my credit report. Despite my numerous attempts to resolve this issue over the past year through multiple disputes, XXXX ( XXXX XXXX ) has consistently failed to produce the original promissory note and instrument of indebtedness that validates this alleged debt. 

According to the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681, credit reporting agencies are required to ensure the accuracy and integrity of the information included in consumer reports. Specifically, under 15 U.S.C. 1681i, credit bureaus must reinvestigate the accuracy of the disputed information, and if the information can not be verified, it must be deleted. Aidvantage inability to provide the necessary documentation to substantiate this debt clearly indicates that this account is unverifiable and thus must be removed. 

The failure to provide a promissory note and original instrument of indebtedness also contravenes the provisions under the Truth in Lending Act ( TILA ), 15 U.S.C. 1601 et seq., which mandates clear documentation and transparency of loan agreements. The absence of these critical documents raises substantial doubt about the legitimacy of the reported debt. 

Furthermore, the Federal Trade Commission ( FTC ) has repeatedly affirmed in various rulings that credit reporting agencies must delete unverifiable information. In the landmark case of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ), the court underscored the necessity of credit bureaus conducting a reasonable reinvestigation into disputed debts. The court ruled that failure to perform such an investigation or to correct inaccuracies constitutes a violation of the FCRA. This case sets a clear precedent for the requirement to remove unverifiable accounts, such as the one in question. 

Moreover, the case of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ), further emphasizes that consumers are entitled to accurate credit reporting and that credit reporting agencies must take action to correct or delete unverifiable information from their reports. 

Given these legal precedents and the clear violation of federal law, I demand the immediate deletion of the disputed account from my credit report. I request that you provide written confirmation of the removal within 30 days of receipt of this letter. Failure to comply will leave me no choice but to escalate this matter by filing complaints with the FTC and possibly pursuing legal action for damages resulting from this negligent reporting. 

For your convenience, I have also included copies of my identification and recent credit reports showing the disputed account. I trust that you will handle this matter with the urgency and seriousness it deserves. Thank you for your prompt attention to this issue.

Company response to consumer: Closed with non-monetary relief