Consumer complaint received 2024-02-19 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: EQUIFAX, INC.
State: CA

Complaint narrative:
I previously filed a complaint through the CFPB regarding XXXX XXXX XXXX ( XXXX ) account # XXXX, asking XXXX to provide me and the three credit bureaus with a full validation of alleged debt regarding a XXXX, XXXX XXXX XXXX from account number ending in # XXXX, but XXXX has not provided me, the CFPB or the three bureaus with validation of alleged debt that includes full accounting and an original contract with my wet signature or a contract binding me to XXXX, proving that XXXX lent me credit for which I owe a debt. They have not been able to provide this to me directly, nor in response to my previous CFPB complaint. They cant provide this because they dont have it. Despite my efforts, however, inaccurate information continues to be reported, which has had a significant impact on my creditworthiness and financial standing. Therefore, under the Fair Credit Reporting Act ( FCRA ), my rights have been violated. In doing my due diligence, I also provided XXXX an official opt out letter for their records through my CFPB complaint, which they failed to recognize as they stated in their response letter with the following : ... there is not an option for you to opt out of the credit reporting of the account. According to 16 CFR 313.7 - Form of opt out notice to consumers ; opt out methods, section ( f ) Continuing right to opt out, however, it states that A consumer may exercise the right to opt out at any time. So, if there is no opting out as XXXX has so unapologetically confirmed, then I can not be considered a consumer in contract with them because there is, in fact, no contract binding me to them. 

XXXX reported a collection in my name while knowing that they can not validate this alleged debt. This act of inaccurate reporting directly impairs the efficiency of the banking system and undermines the public confidence, which is essential to the continued functioning of the banking system and violates 15 USC 1681 ( a ) ( 1 ). Equifax, XXXX and XXXX have reported this collection to my credit report and credit file without having received proper proof and validation of this alleged debt, which is their obligation under 15 USC 1681 ( a ) ( 3 ). This is also a violation of the FCRA because not only have I not authorized XXXX to report any such information with the reporting agencies, but I also never gave my written consent to XXXX to add anything to my consumer report ( Public Law 90-321 ( 82 Stat. 146 ) ). Furthermore, the Privacy Act of 1974 reconfirms this violation in 5 USC 552a, ( b ) Conditions of DisclosureNo agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains. 

According to 15 USC 1681 ( a ) ( 3 ), Equifax, XXXX and XXXX have assumed a vital role in assembling and evaluating consumer credit and other information on consumers ; however, they are also in violation of this statute. Equifax, XXXX and XXXX are not fulfilling their vital role in assembling pertinent information because they have not asked XXXX to provide a full validation of this alleged debt ; however, they have reported this derogatory collection to my credit report and credit file without having done proper due diligence, resulting in a negative effect of a persons ( my ) financial relationship with other institutions. 15 USC 1681 ( b ) requires that reasonable procedures be adopted by consumer reporting agencies to meet the needs of commerce for consumer credit both fairly and equitably, in regards to accuracy and relevancy. Therefore, Equifax, XXXX and XXXX are not adopting reasonable procedures, nor the needs of commerce for consumers regarding the accuracy of this alleged debt, resulting in my credit report reflecting a collection request, which might only be accurate and relevant if XXXX provided a full validation of debt by way of an original contract or a contract binding me to XXXX, which ( as I stated above ) does not exist. 

Additionally, per 15 USC 1681n, Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ( 2 ) such amount of punitive damages as the court may allow. Therefore, I am demanding immediate deletion of XXXXs account from my Equifax, XXXX and XXXX credit reports, as well as {$1000.00} in damages from each of the three bureaus for at least three violations, totaling {$3000.00}. If this matter is not resolved promptly and satisfactorily, I may be compelled to file additional complaints with the FTC regarding how information is illegally collected from third parties to the detriment of the consumer, how inaccurate information is hastily processed onto credit reports with intentionally difficult remedies and how all three credit reporting bureaus fail to adequately address factual errors in reports. If this issue is not resolved, I am prepared to pursue legal action to safeguard my rights under the FCRA. Furthermore, I am also equipped to address violations made by each parent company with the SEC regarding securities violations. Lets all play fair here. Again, please remove this derogatory collection. I appreciate your prompt attention to this matter and expect a timely resolution.

Company response to consumer: Closed with explanation