Consumer complaint received 2025-04-19 00:00:00
Product: Debt or credit management — Student loan debt relief
Issue: Unauthorized withdrawals or charges — 
Company: EQUIFAX, INC.
State: IL

Complaint narrative:
Subject : Legal Notice Concerning XXXX  Unlawful Collection Activity and Third-Party Status To Whom It May Concern, This memorandum is provided as a formal legal assertion that XXXX is operating as a third-party loan servicer and/or debt collector, and is thereby subject to full compliance with all applicable federal and state consumer protection laws, including the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq., the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., and related statutes governing financial servicers.

I. Legal Status of XXXX as a Third-Party Entity XXXX, XXXX XXXX although often referred to as a student loan servicer, is not the original creditor for most federal and private loans it services. When loans are originated by the Department of Education or a private lender and later transferred to XXXX, it becomes a third-party loan servicer a distinction with significant legal consequences. The legal classification of XXXX is not unlike that of a debt collector when it services or collects debts not originally extended by itself, per 15 U.S.C. 1692a ( 6 ). 

Further, any debt that has been sold or assigned to XXXX must be supported by an unbroken and legally verifiable chain of title, as established under UCC 9-406, UCC 3-301 , and relevant federal case law. Absent such legal documentation, XXXX lacks standing to collect or enforce the debt in question. 

XXXX. Legal Violations by XXXX Assuming the debt has been sold, discharged, or otherwise extinguished, any attempt by XXXX to collect constitutes a series of violations under both federal and state laws, including but not limited to : A. Violation of the Fair Debt Collection Practices Act ( FDCPA ) : 1. 15 U.S.C. 1692e False or Misleading Representations : If XXXX continues to collect on a debt that has been sold, settled, or legally discharged, and fails to disclose that it is no longer the creditor or servicer with authority, it engages in deceptive practices.

2. 15 U.S.C. 1692g Failure to Validate Debt : XXXX is legally obligated to validate the debt within XXXX days of initial contact, including the name of the original creditor and a breakdown of the debt. Failure to comply invalidates the legitimacy of the collection. 
3. 15 U.S.C. 1692f Unfair Collection Practices : Continuing to attempt collection without a valid, enforceable interest in the loan constitutes unfair and unconscionable conduct. 

B. Violation of the Fair Credit Reporting Act ( FCRA ) : If XXXX is reporting this debt to credit reporting agencies without the legal authority to do so, and after the debt has been transferred, discharged, or extinguished, it violates 15 U.S.C. 1681s-2, which prohibits the furnishing of inaccurate or outdated information to consumer reporting agencies. 

XXXX Violation of State Consumer Protection Statutes : Most states ( e.g., Californias XXXX Fair Debt Collection Practices Act or New Yorks Debt Collection Procedures Law ) mirror or exceed FDCPA protections. XXXX must be in compliance with the relevant state-specific provisions, including licensure, consumer notice, and verification obligations. 

D. Lack of Legal Standing Under the UCC : Under Uniform Commercial Code 3-301, only a holder in due course may enforce a negotiable instrument. XXXX must prove it is legally entitled to enforce the debt, with documented assignment and authorization. The absence of such renders all collection efforts unenforceable as a matter of law. 

XXXX. Rejection of Feudal or Quasi-Governmental XXXX XXXX is a publicly traded private corporation, not a federal agency, and it does not enjoy sovereign authority or immunity. Although it may be contracted by the U.S. Department of Education, it is not a fiduciary arm of the government, and as such, it is fully subject to civil liability under FDCPA, FCRA, and other statutes. This precludes any claim of sovereign protection or implied enforcement authority. Its operations are commercial in nature, and governed accordingly by contract law, consumer protection laws, and commercial codes. 



IV. Legal Demand for Immediate Erasure of Debt and Remedial Action Given that : The debt has been sold or otherwise transferred ; XXXX has not proven legal standing to enforce it ; The debt may have been discharged or forgiven ; Continued attempts to collect constitute violations of multiple federal and state statutes ; It is hereby demanded that all efforts to collect or report this debt cease immediately, and that the account be permanently removed from all consumer credit reports pursuant to 15 U.S.C. 1681i ( a ).

Failure to comply will result in formal complaints to the : Consumer Financial Protection Bureau ( CFPB ) Federal Trade Commission ( FTC ) State Attorney Generals Office and may result in civil litigation seeking injunctive relief, statutory damages, and attorneys fees under 15 U.S.C. 1692k.

Heres your DEPT OF ED account list sorted in alphabetical order by the account number : Under the Fair Credit Reporting Act ( FCRA ), 15 U.S. Code 1681c ( a ) ( 4 ), credit reporting agencies are prohibited from including [ a ] ccounts placed for collection or charged to profit and loss which antedate the report by more than seven years. The seven-year period begins 180 days after the date of the first delinquency that led to the account being charged off or placed in collections ( FCRA 605 ( c ) ).

Based on the documentation in my records, the date of first delinquency for this debt was on or around various dates. Therefore, the seven-year period has long since expired, and this item should no longer appear on my credit report. 

Furthermore, if this debt is being pursued for collection and is beyond the applicable state statute of limitations for legal action, any attempt to collect may also violate the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S. Code 1692e ( 2 ) ( A ), which prohibits misrepresentation of the legal status of a debt.

I request that you immediately : 1. Delete this item from my credit report, as it is obsolete and in violation of federal law.

2. Cease all collection efforts, as the debt is time-barred.

3. Provide me with written confirmation of the actions taken. 

If you continue to report or pursue this debt without verifying its accuracy and legal standing, I am prepared to file complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), and my state attorney general. 

1. DEPT OF ED XXXX XXXX Remaining Balance : {$4600.00} Age of Account : XXXX XXXX XXXX. DEPT OF ED XXXX XXXX Remaining Balance : {$2800.00} Age of Account : XXXX XXXX XXXX. DEPT OF ED XXXX XXXX Remaining Balance : {$1900.00} Age of Account : XXXX XXXX XXXX. DEPT OF ED XXXX XXXX Remaining Balance : {$2200.00} Age of Account : XXXX XXXX XXXX. DEPT OF ED XXXX XXXX Remaining Balance : {$1900.00} Age of Account : XXXX XXXX XXXX. DEPT OF ED XXXX XXXX Remaining Balance : {$5600.00} Age of Account : XXXX XXXX XXXX. DEPT OF ED XXXX XXXX Remaining Balance : {$3800.00} Age of Account : XXXX XXXX XXXX. DEPT OF ED XXXX XXXX Remaining Balance : {$6600.00} Age of Account : XXXX XXXX XXXX. DEPT OF ED XXXX XXXX Remaining Balance : {$12000.00} Age of Account : XXXX XXXX XXXX. DEPT OF ED XXXX XXXX Remaining Balance : {$12000.00} Age of Account : XXXX XXXX XXXX. DEPT OF ED XXXX XXXX Remaining Balance : {$6300.00} Age of Account : XXXX XXXX XXXX. DEPT OF ED XXXX XXXX Remaining Balance : {$17000.00} Age of Account : XXXX XXXX XXXX. DEPT OF ED XXXX XXXX Remaining Balance : {$29000.00} Age of Account : XXXX XXXX XXXX. DEPT OF ED XXXX XXXX Remaining Balance : {$11000.00} Age of Account : XXXX XXXX XXXX. DEPT OF ED XXXX XXXX Remaining Balance : {$11000.00} Age of Account : XXXX XXXX XXXX. DEPT OF ED XXXX XXXX Remaining Balance : {$920.00} Age of Account : XXXX XXXX XXXX. DEPT OF ED XXXX XXXX Remaining Balance : {$9100.00} Age of Account : XXXX XXXX XXXX. DEPT OF ED XXXX XXXX Remaining Balance : {$7800.00} Age of Account : XXXX

Company response to consumer: Closed with non-monetary relief