Consumer complaint received 2024-01-03 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: GA

Complaint narrative:
I previously disputed the following accounts on multiple occasions and did not receive a response from XXXX, XXXX, or Equifax, which within itself, is 100 % grounds for removal of the disputed information. ACCOUNTS : XXXX XXXX XXXXXXXX XXXX XXXX XXXX [ Unverified account : XXXX XXXX are already aware that my personal information was compromised and that this account was fraudulent. This account was not removed four days after receipt of notice. Years ago they vowed to remove this account from my credit report when I first filed a FTC complaint. They continued reporting! If this account continues to report after 45 days of receipt, I will begin to seek monetary relief for damages ] ; XXXX XXXX XXXX XXXX [ Unverified account : This account was removed a couple of times, but keeps coming back. They did not follow reinsertion laws per the FCRA, Section 611 ( a ) ( 5 ) ( B ) ) which I did NOT receive notice within 5 business days, -nor did I consent for the item to be furnished again. Plus, XXXX has openly admitted, and likely on a recorded call, on MULTIPLE occasions that after their investigations had concluded, they found this account to be fraudulent and that it would be removed permanently! Why is it still reporting!!? If this account is not removed from my credit report within 45 days, I will begin to seek monetary relief for damages ] ; XXXX  XXXX [ Unverified Third-Party ; Documentation Requested ; never provided ] ; XXXX XXXXXXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX [ EQUIFAX ] [ Unverified account : Third-Party ; Documentation requested, never provided ] ; XXXX XXXX XXXX XXXXXXXX [ Unverified account ; Third-Party ; Documentation Requested, never provided ] ; XXXX XXXX XXXX XXXX [ Unverified account ; Third-Party ; Documentation Requested, never provided. ] I informed all three Credit reporting agencies, also referred to in this document as, THE CRAS, of the federal laws listed in this complaint, and politely demanded that the they follow the laws during the dispute process, -to which none of THE CRAS adhered to, -and continued to furnish the disputed information. Below are excerpts of FEDERAL LAW, which I have provided to THE CRAS, and trusted and expected them to follow, and to do what is right. [ # XXXX ]. The CRA 's did not follow 15 U.S. Code 1681i, being that they did not respond to my dispute within the allotted time set by the FCRA. ( # 2 ) I gave notice, by informing The CRA 's that there is information being reported that I believe to be inaccurate and or fraudulent. Per 15 U.S. Code 1681s2 section ( a ) ( 1 ) ( A ), it states that a person shall not furnish ANY information relating to a consumer to ANY consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. The CRAS continued reporting the disputed information even upon being notified that information was incorrect and or inaccurate, and even more serious, fraudulent. [ # 3 ] I also informed the CRAS of 15 U.S. Code 1681c2 ( a ), which states that the consumer reporting agency SHALL block the reporting of ANY information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, NOT LATER THAN 4 BUSINESS DAYS. I provided proof and appropriate identity documents, identification of such information, a statement by me informing The CRAS that " the information is not relating to any transactions made by me, the consumer ''. I even filed a case by reporting the fraudulent accounts with FTC.gov, and uploaded documentation, yet, all of these accounts are still somehow reporting by The CRAS. [ # 3 ] Furthermore, due to being a long term victim of identity theft, I informed the CRAS that I was concerned with my privacy being violated, and specifically referred them to 15 U.S. Code 6801, which states that I am supposed to be 100 % " protected from having my nonpublic private information being shared. This federal law specifically states that ( 1 ) it is the policy of the CONGRESS that EACH FINANCIAL INSTITUTION have an affirmative and continuing obligation to respect the privacy of its customers, ( 2 ) to protect the security and confidentiality of those customers nonpublic personal information, ( 3 ) to protect the security and confidentiality of customer records and information, ( 4 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and lastly, ( 5 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. Also according to this law, I also informed The CRAS that I was never provided with the opportunity or choice to opt out. By continuing to report this information, it keeps me at risk. ( # 4 ) In addition to # 3, I informed The CRAS that they are in violation of U.S. Code 6802 which speaks on obligations with respect to disclosures of personal information. This law specifically states the following : that A FINANCIAL INSTITUTION may NOT, directly or through any affiliate, disclose to a nonaffiliated party [ ie : XXXX/Equifax ] ANY NONPUBLIC PERSONAL INFORMATION, unless such financial institution provides or has " provided to the consumer a notice that complies with section 6803 of this title [ I NEVER RECEIVED THIS ]. This LAW goes on to state that, In general, A FINANCIAL INSTITUTION may NOT disclose nonpublic personal information to a nonaffiliated third party [ ie : Transunion/ExperianXXXX ], unless ( A ) such FINANCIAL INSTITUTION, CLEARLY AND CONSPICUOUSLY DISCLOSES TO THE CONSUMER, in writing or in electronic form, that such information may be disclosed to such third party ; [ I DID NOT RECEIVE ANY CLEAR AND CONSPICUOUS DISCLOSURES OF ANY KIND. ] ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party [ WAS NEVER GIVEN SUCH OPPORTUNITY OR NOTICE ] ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option, [ I WAS NOT GIVENY ANY EXPLANATIONS OF ANY KIND, NOR OPTIONS TO EXERCISE ; ( D ) with the consent or at the direction of the consumer ; [ I DID NOT PROVIDE CONSENT OF ANY KIND ]. You can find more about this here : 15 U.S. Code 6801, in both sections A and B, which are also being violated. ( # 5 ) I then went on to explain to The CRAS that TRANSACTIONAL INFORMATION, OR EXPERIENCES, between the CONSUMER AND THE FURNISHER are to EXCLUDED FROM CONSUMER REPORTING per federal law -15 U.S. Code ( 2 ). Even by THE CRAS being made aware of this, they still REFUSE to remove any of the disputed information, and have not provided me with ANY physical documentation ( # 6 ) It is really unsetting that I am having this experience with the CRA 's because according to 15 U.S. Code 1681 further findings by CONGRESS, pertaining to the ACCURACY AND FAIRNESS of credit reporting states that, ( 1 ) The banking system is dependent upon fair and accurate credit reporting. INACCURATE CREDIT REPORTS DIRECTLY IMPAIR THE EFFICIENCY OF THE BANKING SYSTEM, AND UNFAIR CREDIT REPORTING METHODS UNDERMINE THE PUBLIC CONFIDENCE WHICH IS ESSENTIAL TO THE CONTINUED FUNCTIONING OF THE BANKING SYSTEM. ( 2 ) An ELABORATE MECHANISM has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, CHARACTER, AND GENERAL REPUTATION OF CONSUMERS. ( 3 ) CONSUMER REPORTING AGENCIES have ASSUMED A VITAL ROLE in assembling and evaluating consumer credit and other information on consumers. ( 4 ) There is a need to insure that consumer reporting agencies exercise their GRAVE RESPONSIBILITIES with fairness, impartiality, and a respect for the consumers right to privacy. It is the purpose of this subchapter to REQUIRE that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is FAIR AND EQUITABLE TO THE CONSUMER, WITH REGARD to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. For further context, please see 15 U.S. Code 1681a - Definitions ; rules of construction to define and make clear distinction of various words being used in the laws. Lastly, although both companies, XXXX and XXXX, have agreed to remove its respective account from my credit report, neither have provided any methods of verifications which I have previously requested on many occasions. Per my right under 15 U.S.C. 1681g, I requested full validation from XXXX, CREDIT COLLECTION, and XXXX XXXX XXXX XXXX, which I have not received. I asked them to disclose all of the documents that they have recorded and or retained at the time of my dispute, and nothing was sent to me, therefore should be DELETED IMMEDIATELY under Section 611 ( a ) ( 5 ) ( A ) ( i ). These companies are also not METRO2 compliant! Lastly, I do not appreciate how my character, reputation, and credit worthiness, are being damaged by the day, as long as these inaccurate, unverified, and fraudulent items continue reporting on my credit report. At this point, depending on the results of this dispute, I am willing to seek relief from the year XXXX when I first disputed, until now, and I am STILL unable to obtain financing due to these matters.

Company response to consumer: Closed with non-monetary relief