Consumer complaint received 2025-07-11 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: NJ

Complaint narrative:
XXXX XXXX XXXX XXXX and Demand for Regulatory Enforcement Against Equifax , Inc . 

This Notice constitutes a formal identity theft complaint and an urgent demand for investigation and enforcement against Equifax XXXX Inc. ( Equifax ) under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., the Lanham Act, 15 U.S.C. 1125, the Identity Theft and Assumption Deterrence Act ( 18 U.S.C. 1028 ), and the Privacy Act of 1974 ( 5 U.S.C. 552a ).

Equifax has willfully and systematically engaged in deceptive and unlawful conduct by : Publishing and maintaining false, inaccurate, and incomplete consumer data despite formal disputes under FCRA 611 ( 15 U.S.C. 1681i ) ; Monetizing my Personally Identifiable Information ( PII ) and federally protected trademark without authorization, in breach of the Lanham Act ; Failing to safeguard sensitive consumer data, culminating in the XXXX data breach that compromised over XXXX XXXX Americans XXXX ; Engaging in aggravated identity theft and unjust enrichment at my expense through the unauthorized sale and distribution of my private data. 

II. FACTUAL BASIS AND BACKGROUND Repeated Failure to Reinstate Accurate Records. 
Despite my disputes submitted pursuant to 15 U.S.C. 1681i ( a ), Equifax has refused to conduct a reasonable reinvestigation and has continued to report inaccurate and unverifiable trade-lines, causing ongoing harm to my credit reputation and financial standing, while maliciously defaming my character. 

Unauthorized Use of Federally Protected Trademark. 
The trade name under which my consumer report is maintained is a federally protected trademark ( USPTO Ser. No. XXXX ). Equifax has leveraged my trademarked identity in its commercial data products without consent, in direct violation of 15 U.S.C. 1125 ( a ).

2017 Data Breach and Continuing Data Misuse.

Equifaxs egregious failure to secure consumer networks led to the XXXX breach. In XXXX re Equifax , Inc . XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX, XXXX ( XXXX XXXX XXXX ), the court recognized that XXXX lax security and negligent patch management constituted actionable misconduct under state and federal law. Yet Equifax persists in using and selling my compromised PII. 

Aggravated Identity Theft and Monetization. 
Equifax has sold my XXXX Social Security number fragments, addresses, and personal identifiersto creditors and marketers without my consent. This conduct constitutes aggravated identity theft under 18 U.S.C. 1028A, particularly where such data has been used to facilitate unauthorized account inquiries and credit decisions.

Unjust Enrichment and Deceptive Practices.

Equifaxs sale of my inaccurate and contested data to third parties for subscription fees constitutes unjust enrichment and breach of its duty of maximum possible accuracy ( 1681e ( b ) ). Equifax profits by distributing data it knows to be false, in willful defiance of multiple certified dispute notices. 

XXXX. SUPPORTING CASE LAW XXXX XXXX Equifax XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) : The XXXX XXXX held that a credit bureaus failure to follow reasonable procedures to assure maximum possible accuracy ( 15 U.S.C. 1681e ( b ) ) gives rise to liability, even absent actual damages. Equifaxs ongoing reporting of false data mirrors the misconduct condemned in Cort. 

XXXX XXXX Equifax Information Services LLC, XXXX XXXX XXXX ( XXXX. XXXX. XXXX ) The court held that Equifax violated FCRA 1681e ( b ) by failing to ensure maximum possible accuracy in its credit reporting and 1681i by failing to conduct proper reinvestigations. The court emphasized XXXX duty to maintain accuracy and its legal exposure when it fails to correct false or disputed data. 

XXXX v. Equifax Information Services XXXX XXXX, XXXX Fed. XXXX. XXXX ( XXXX Cir. XXXX ) In this case, the plaintiff alleged that Equifaxs automated reinvestigation process was defective, resulting in violations of the FCRA. Though class certification was challenged, the court affirmed that a failure to reinvestigate disputed information is a valid basis for FCRA liability. 

In re Equifax , Inc . XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX XXXX ) : This decision underscores Equifaxs negligent security practices and the resulting actionable harm, establishing precedent for imposing significant injunctive and monetary relief against Equifax for data breaches. 

FTC v. Equifax XXXX XXXX XXXX XXXX XXXX, XXXX XXXXXXXX XXXXXXXX ( XXXX ) : The FTC previously found that XXXX deceptive marketing of credit reports violates FCRA requirements. Residual noncompliance demonstrates a pattern of bad faith warranting renewed FTC enforcement. 

In re Equifax XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX, XXXX ( XXXX XXXX XXXX ) : The court affirmed that data brokers like Equifax owe heightened duties to protect XXXX and to remediate breaches. Equifaxs continued distribution of my data post-breach exemplifies ongoing statutory violations. 

IV. LEGAL VIOLATIONS ASSERTED Equifaxs conduct constitutes multiple willful violations of federal law, including : FCRA ( 15 U.S.C. 1681e ( b ), 1681i, 1681n, and 1681o ) : Failure to ensure maximum possible accuracy ; failure to reinvestigate and correct disputed information ; Willful failure to ensure accuracy and correct false data ; Negligent and willful failure to investigate disputes and remove false trade-lines ; Lanham Act ( 15 U.S.C. 1125 ) : Unauthorized commercial use of a federally registered trademark ; false designation of origin ; Identity Theft and Assumption Deterrence Act ( 18 U.S.C. 1028A ) : Aggravated identity theft through sale and misuse of PII ; Privacy Act ( 5 U.S.C. 552a ) : Willful mishandling of private data for commercial benefit ; Common Law Tort : Defamation ( publication of false statements ), conversion, and unjust enrichment.

V. DEMAND FOR RELIEF AND FTC ACTION Initiate a full investigation into Equifaxs identity theft, data breach response, and trademark misuse ; Issue a Civil Investigative Demand ( CID ) to audit Equifaxs dispute procedures, security protocols, and data-marketing practices ; Refer criminal violations ( 18 U.S.C. 1028A ) to the Department of Justice ; Order injunctive relief halting further unauthorized distribution or monetization of my PII and trademark ; Mandate permanent deletion of all inaccurate, outdated, or unauthorized entries in my consumer file ; Civil penalties and fines against Equifax for willful statutory violations ; Damages under 15 U.S.C. 1681n ( a ) ( 1 ) ( A ) for each violation, including statutory, actual, and punitive damages ; Require disclosure of all third parties who have received my report or PII ; Impose maximum civil penalties and restitution authorized under the FCRA, Lanham Act, and Privacy Act for deceptive practices. 

VI. CLOSING NOTICE AND RESERVATION OF RIGHTS Equifaxs blatant disregard for consumer rights and statutory obligations is willful, malicious, and ongoing. I expressly reserve the right to pursue all available civil remedies under 15 U.S.C. 1681n, 1125, and related statutes.

All rights reserved without prejudice, UCC 1-308.

Company response to consumer: Closed with explanation