Consumer complaint received 2025-03-18 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: CA

Complaint narrative:
According to 12 CFR 1006.34 a debt collector must provide consumer with the validation information required by paragraph ( c ) of this section either : Official interpretation of 34 ( b ) ( 5 ) Validation period.

( c ) Validation information. Pursuant to paragraph ( a ) ( 1 ) of this section, a debt collector must provide the following validation information.

( 1 ) Debt collector communication disclosure. The statement required by 1006.18 ( e ).

Official interpretation of 34 ( c ) ( 1 ) Debt collector communication disclosure.

1. Statement required by 1006.18 ( e ). Section 1006.34 ( c ) ( 1 ) provides that validation information includes the statement required by 1006.18 ( e ). Section 1006.18 ( e ) ( 1 ) requires a debt collector to disclose in its initial communication that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose. Section 1006.18 ( e ) ( 2 ) requires a debt collector to disclose in each subsequent communication that the communication is from a debt collector. A debt collector who provides a validation notice as described in 1006.34 ( a ) ( 1 ) ( i ) ( A ) complies with 1006.34 ( c ) ( 1 ) by providing on the validation notice the disclosure required by 1006.18 ( e ) ( 1 ). A debt collector who provides a validation notice as described in 1006.34 ( a ) ( 1 ) ( i ) ( B ) complies with 1006.34 ( c ) ( 1 ) by providing either the disclosure required by 1006.18 ( e ) ( 1 ) or the disclosure required by 1006.18 ( e ) ( 2 ). The following example illustrates the rule : i. XXXX debt collector has an initial communication with the consumer by telephone. Within XXXX days of that initial communication, XXXX debt collector sends the consumer a validation notice using Model Form XXXX in appendix B to this part. XXXX debt collector has complied with 1006.34 ( c ) ( 1 ) even though Model Form B1 includes the disclosure described in 1006.18 ( e ) ( 1 ) rather than the disclosure described in 1006.18 ( e ) ( 2 ).

See interpretation of 34 ( c ) ( 1 ) Debt collector communication disclosure. in Supplement I ( 2 ) Information about the debt. Except as provided in paragraph ( c ) ( 5 ) of this section : ( i ) The debt collectors name and the mailing address at which the debt collector accepts disputes and requests for original-creditor information.

Official interpretation of Paragraph 34 ( c ) ( 2 ) ( i ).

( ii ) The consumers name and mailing address.

Official interpretation of Paragraph 34 ( c ) ( 2 ) ( ii ).

( iii ) If the debt collector is collecting a debt related to a consumer financial product or service as defined in 1006.2 ( f ), the name of the creditor to whom the debt was owed on the itemization date.

Official interpretation of Paragraph 34 ( c ) ( 2 ) ( iii ).

( iv ) The account number, if any, associated with the debt on the itemization date, or a truncated version of that number.

Official interpretation of Paragraph 34 ( c ) ( 2 ) ( iv ).

( v ) The name of the creditor to whom the debt currently is owed.

Official interpretation of Paragraph 34 ( c ) ( 2 ) ( v ).

( vi ) The itemization date.

( vii ) The amount of the debt on the itemization date.

Official interpretation of Paragraph 34 ( c ) ( 2 ) ( vii ).

( viii ) An itemization of the current amount of the debt reflecting interest, fees, payments, and credits since the itemization date. A debt collector may disclose the itemization on a separate page provided in the same communication with a validation notice, if the debt collector includes on the validation notice, where the itemization would have appeared, a statement referring to that separate page.

Official interpretation of Paragraph 34 ( c ) ( 2 ) ( viii ).

( ix ) The current amount of the debt.

Official interpretation of Paragraph 34 ( c ) ( 2 ) ( ix ).

( 3 ) Information about consumer protections.

( i ) The date that the debt collector will consider the end date of the validation period and a statement that, if the consumer notifies the debt collector in writing on or before that date that the debt, or any portion of the debt, is disputed, the debt collector must cease collection of the debt, or the disputed portion of the debt, until the debt collector sends the consumer either verification of the debt or a copy of a judgment.

( ii ) The date that the debt collector will consider the end date of the validation period and a statement that, if the consumer requests in writing on or before that date the name and address of the original creditor, the debt collector must cease collection of the debt until the debt collector sends the consumer the name and address of the original creditor, if different from the current creditor.

( iii ) The date that the debt collector will consider the end date of the validation period and a statement that, unless the consumer contacts the debt collector to dispute the validity of the debt, or any portion of the debt, on or before that date, the debt collector will assume that the debt is valid.

( iv ) If the debt collector is collecting debt related to a consumer financial product or service as defined in 1006.2 ( f ), a statement that informs the consumer that additional information regarding consumer protections in debt collection is available on the Bureaus website at www.cfpb.gov/debt-collection.

( v ) If the debt collector sends the validation notice electronically, a statement explaining how a consumer can, as described in paragraphs ( c ) ( 4 ) ( i ) and ( ii ) of this section, dispute the debt or request original-creditor information electronically.

Official interpretation of Paragraph 34 ( c ) ( 3 ) ( v ).

( 4 ) Consumer-response information. The following information, segregated from the validation information required by paragraphs ( c ) ( 1 ) through ( 3 ) of this section and from any optional information included pursuant to paragraphs ( d ) ( 3 ) ( i ), ( ii ), ( iii ) ( A ), ( iv ), ( v ), ( vi ) ( A ), ( vii ), and ( viii ) of this section, and, if provided on a validation notice, located at the bottom of the notice under the headings, How do you want to respond? and Check all that apply : : Official interpretation of 34 ( c ) ( 4 ) Consumer-response information.

( i ) Dispute prompts. The following statements, listed in the following order, and using the following phrasing or substantially similar phrasing, each next to a prompt : ( A ) I want to dispute the debt because I think : ; ( B ) This is not my debt. ; ( C ) The amount is wrong. ; and ( D ) Other ( please describe on reverse or attach additional information ).

( ii ) Original-creditor information prompt. The statement, I want you to send me the name and address of the original creditor., using that phrase or a substantially similar phrase, next to a prompt.

( iii ) Mailing addresses. Mailing addresses for the consumer and the debt collector, which are the debt collectors and the consumers names and mailing addresses as disclosed pursuant to 1006.34 ( c ) ( 2 ) ( i ) and ( ii ).

( 5 ) Special rule for certain residential mortgage debt. For residential mortgage debt, if a periodic statement is required under Regulation Z, 12 CFR 1026.41, at the time a debt collector provides the validation notice, a debt collector need not provide the validation information required by paragraphs ( c ) ( 2 ) ( vi ) through ( viii ) of this section if the debt collector : Official interpretation of 34 ( c ) ( 5 ) Special rule for certain residential mortgage debt.

( i ) Provides the consumer, in the same communication with the validation notice, a copy of the most recent periodic statement provided to the consumer under Regulation Z, 12 CFR 1026.41 ( b ) ; and ( ii ) Includes on the validation notice, where the validation information required by paragraphs ( c ) ( 2 ) ( vi ) through ( viii ) of this section would have appeared, a statement referring to that periodic statement.

( d ) Form of validation information.

( 1 ) In general. The validation information required by paragraph ( c ) of this section must be clear and conspicuous.

15 U.S. Code 1681c2 - Block of information resulting from identity theft.

( a ) Block Except as otherwise provided in this section, a 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 after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer.

( b ) Notification A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section; and ( 4 ) of the effective dates of the block.

( c ) Authority to decline or rescind ( 1 ) In general A consumer reporting agency may decline to block, or may rescind any block, of information relating to a consumer under this section, if the consumer reporting agency reasonably determines that ( A ) the information was blocked in error or a block was requested by the consumer in error ; ( B ) the information was blocked, or a block was requested by the consumer, on the basis of a material misrepresentation of fact by the consumer relevant to the request to block ; or ( C ) the consumer obtained possession of goods, services, or money as a result of the blocked transaction or transactions.

( 2 ) Notification to consumer If a block of information is declined or rescinded under this subsection, the affected consumer shall be notified promptly, in the same manner as consumers are notified of the reinsertion of information under section 1681i ( a ) ( 5 ) ( B ) of this title.

( 3 ) Significance of block For purposes of this subsection, if a consumer reporting agency rescinds a block, the presence of information in the file of a consumer prior to the blocking of such information is not evidence of whether the consumer knew or should have known that the consumer obtained possession of any goods, services, or money as a result of the block.

( d ) Exception for resellers ( 1 ) No reseller file This section shall not apply to a consumer reporting agency, if the consumer reporting agency ( A ) is a reseller ; ( B ) is not, at the time of the request of the consumer under subsection ( a ), otherwise furnishing or reselling a consumer report concerning the information identified by the consumer ; and ( C ) informs the consumer, by any means, that the consumer may report the identity theft to the Bureau to obtain consumer information regarding identity theft.

( 2 ) Reseller with file The sole obligation of the consumer reporting agency under this section, with regard to any request of a consumer under this section, shall be to block the consumer report maintained by the consumer reporting agency from any subsequent use, if ( A ) the consumer, in accordance with the provisions of subsection ( a ), identifies, to a consumer reporting agency, information in the file of the consumer that resulted from identity theft ; and ( B ) the consumer reporting agency is a reseller of the identified information.

( 3 ) Notice In carrying out its obligation under paragraph ( 2 ), the reseller shall promptly provide a notice to the consumer of the decision to block the file. Such notice shall contain the name, address, and telephone number of each consumer reporting agency from which the consumer information was obtained for resale.

( e ) Exception for verification companies The provisions of this section do not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, except that, beginning 4 business days after receipt of information described in paragraphs ( 1 ) through ( 3 ) of subsection ( a ), a check services company shall not report to a national consumer reporting agency described in section 1681a ( p ) of this title, any information identified in the subject identity theft report as resulting from identity theft.

Company response to consumer: Closed with explanation