Consumer complaint received 2025-02-21 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: EQUIFAX, INC.
State: GA

Complaint narrative:
To Whom It May Concern, This is my final demand for Equifax to immediately remove the fraudulent XXXX XXXX XXXX and XXXX XXXX accounts from my credit report due to multiple serious violations of the Fair Credit Reporting Act ( FCRA ), Truth in Lending Act ( TILA ), Consumer Financial Protection Bureau ( CFPB ) regulations, and Federal Trade Commission ( FTC ) guidelines. 
Despite my XX/XX/XXXX dispute, which included : A valid identity theft report Victim of Data Breach Documentation FCRA 605B Identity Theft Block Request Government-Issued ID for Verification Formal Dispute Letter Equifax has failed to remove the fraudulent accounts, refused to provide verification documentation, and engaged in deceptive stalling tactics, which constitute deliberate noncompliance and willful violations of federal law.

EQUIFAXS VIOLATIONS 1 Failure to Remove Identity Theft Accounts Within XXXX Business Days ( FCRA XXXX, XXXX XXXX. XXXX ) FCRA XXXX requires Equifax to block fraudulent information within XXXX business days upon receiving : A valid identity theft report Proof of identity A formal dispute letter Violation : Equifax has failed to remove the fraudulent accounts despite receiving all required documentation on XX/XX/XXXX. 
Legal Remedy : Immediate deletion required, or Equifax is liable for statutory damages ( {$1000.00} per violation ) + punitive damages under FCRA 616 & 617.

2 Failure to Conduct a Reasonable Reinvestigation ( FCRA 611, 15 U.S.C. 1681i ) FCRA 611 requires credit bureaus to conduct a thorough reinvestigation within 30 days and provide supporting evidence. 
Violation : Equifax has falsely claimed the account was verified but failed to provide : A signed contract proving I authorized this account Payment records or validation from the original creditor A chain of title proving ownership of the account Contact information of the furnisher & proof of communication Legal Remedy : If Equifax can not verify the debt with original documentation, it must delete the account immediately under FCRA 611 ( a ) ( 5 ) ( A ).

3 Improper Dispute Handling Rushed Investigations & No Verification ( TILA 1666b & FCRA 1681e ( b ) ) FCRA 1681e ( b ) requires Equifax to ensure maximum possible accuracy in credit reporting.

TILA 1666b requires Equifax to notify consumers and provide documentation before posting a charge-off or delinquency.

Violation : Equifax has been completing disputes within an unreasonably short timeframe, proving that no real reinvestigation occurred.

Equifax claims verification occurred, but has failed to provide proof.

Immediate Action Required : Provide all records used to verify this account or delete it immediately.

Stop falsely stating that accounts have been verified when no verification has been provided.

4 Stalling Tactics & Deceptive Practices ( FCRA 611 ( a ) ( 1 ) & CFPB UDAAP Laws, 12 U.S.C. 5531 ) FCRA 611 ( a ) ( 1 ) requires disputes to be handled in good faith, with a proper reinvestigation.

12 U.S.C. 5531 ( Consumer Financial Protection Act - UDAAP ) prohibits unfair, deceptive, or abusive practices ( UDAAP ).

Violation : Equifax has : Sent repetitive dispute updates to delay resolution.

Claimed my file could not be located or that more documentation was needed after already receiving everything.

Falsely verified the account without providing supporting documentation.

Immediate Action Required : Cease stalling tactics. If Equifax can not verify, it must delete the account immediately.

5 Reporting Contradictory & Inaccurate Information ( FCRA 1681e ( b ) ) Equifax reported a {$0.00} balance but continued listing the account as a charge-off.

Equifax claims the account was sold but is still reporting it under XXXX XXXX XXXX. 
If the debt was canceled, a 1099-C form should have been issued per IRS regulations ( 26 U.S.C. 6050P ).

No IRS 1099-C form has been provided.

Immediate Action Required : Remove these accounts immediately, as Equifax can not legally report a charge-off on a sold debt. 
FINAL DEMAND YOU HAVE XXXX BUSINESS DAYS TO COMPLY I am giving Equifax exactly XXXX business days from the date of this letter to : 1 Immediately and permanently delete the fraudulent XXXX XXXX XXXX XXXX XXXX XXXX accounts. 
2 Provide a written confirmation stating the accounts have been removed and will not be reinserted.

3 Cease all further reporting of these accounts and notify any collection agencies that these accounts must not be sold, reassigned, or reported in any form.

4 Provide the name, title, contact information, and date of conversation with the furnisher if you claim verification was conducted.

5 Stop sending misleading dispute notifications to stall the removal process.

LEGAL ACTION IF YOU FAIL TO COMPLY If Equifax fails to comply within 4 business days, I will take the following actions without further notice : File a Lawsuit Against Equifax in Small Claims or Federal Court Under FCRA 616 & 617, I will sue for : {$1000.00} per violation ( statutory damages ) Additional damages for harm to my creditworthiness Court costs & legal fees File Additional Complaints with Federal and State Agencies Consumer Financial Protection Bureau ( CFPB ) request fines & enforcement action.

Federal Trade Commission ( FTC ) request an investigation into repeat violations.

My State Attorney Generals Office request legal action for consumer protection violations.

Consumer Data Industry Association ( CDIA ) report noncompliance with industry standards.

Publicly Report Equifaxs Noncompliance I will share documented evidence of your failures on consumer protection forums, credit reporting complaint sites, and social media.

Equifaxs failure to act places them in additional violations under federal law. Below are the key laws they have violated, in addition to previous FCRA, FDCPA, and CFPB violations.

1 FAILURE TO BLOCK IDENTITY THEFT ACCOUNTS ( FCRA 605B, 15 U.S.C. 1681c-2 ) Under FCRA 605B, credit reporting agencies must block fraudulent information within 4 business days when a consumer submits : A valid identity theft report Proof of identity A written statement explaining the fraud Violation : Equifax has not blocked or removed the fraudulent accounts despite receiving all required documentation.

Equifaxs refusal to block the accounts constitutes willful noncompliance with federal law.

Legal Remedy : Equifax is liable for statutory damages ( {$1000.00} per violation ), punitive damages, and attorneys fees under FCRA 616 & 617.

2 FAILURE TO PROTECT DATA BREACH VICTIM ( FCRA 628 & FTCs Gramm-Leach-Bliley Act - 15 U.S.C. 6801 ) ( Equifax Data Breach Victim Rights ) FCRA 628 requires Equifax to maintain reasonable security procedures to protect personal consumer information.

Gramm-Leach-Bliley Act ( GLBA ) - 15 U.S.C. 6801 requires financial institutions, including credit bureaus, to safeguard sensitive consumer data. 
Violation : Equifax failed to protect your personal data in the XXXX data breach, exposing your information to identity theft. 
Equifax has refused to remove fraudulent accounts linked to identity theft, despite their legal obligation to protect breach victims.

Legal Remedy : Equifax may be subject to additional lawsuits & regulatory fines for failing to protect breach victims.

File a complaint with the CFPB and FTC, requesting enforcement action against Equifax for failure to assist a data breach victim.

3 UNFAIR & DECEPTIVE BUSINESS PRACTICES ( CFPB UDAAP Laws, 12 U.S.C. 5531 ) Under 12 U.S.C. 5531, the CFPB prohibits credit bureaus from engaging in unfair, deceptive, or abusive acts or practices ( UDAAP ).

Credit bureaus must not mislead consumers, provide inaccurate information, or fail to conduct fair investigations.

Violation : Equifax has falsely claimed it verified your dispute but has not provided verification evidence.

Equifax has engaged in deceptive practices by failing to reinvestigate and using stalling tactics.

Equifax has provided contradictory responses, misleading you about their handling of your dispute.

Legal Remedy : Demand immediate removal of the fraudulent accounts & compensation for XXXX deceptive practices. 
File a complaint with the CFPB and FTC, requesting enforcement action for UDAAP violations. 
4 VIOLATION OF FTC RED FLAGS RULE ( 16 C.F.R. 681.1 ) The FTCs Red Flags Rule requires Equifax to have identity theft detection and prevention policies.

CRAs must investigate and respond properly when an identity theft victim submits a fraud report.

Violation : Equifax failed to act on your valid identity theft claim, violating the FTCs requirements for fraud prevention.

Equifaxs refusal to assist you despite knowledge of their own data breach shows willful negligence.

Legal Remedy : File an FTC complaint for violation of Red Flags Rule.

Request an investigation into Equifaxs failure to follow fraud prevention protocols.

5 FAILURE TO PROVIDE SUPPORTING DOCUMENTATION ( FCRA 609 & 611 ) Under FCRA 609 & 611, credit reporting agencies must provide a copy of all documents used to verify a disputed account upon request.

Violation : Equifax has failed to provide any proof that this account belongs to you.

No signed contract, payment history, or chain of title has been provided.

Equifax is falsely claiming verification without any supporting evidence.

Legal Remedy : If Equifax can not provide documentation, they must delete the account immediately under FCRA 611 ( a ) ( 5 ).

Failure to provide documentation entitles you to statutory damages and legal action.

6 IMPROPER REPORTING OF CHARGE-OFF WITHOUT A 1099-C ( IRS Code 6050P ) Under IRS Code 6050P, a creditor must issue a 1099-C form if a charge-off exceeds {$600.00}.

If a debt is canceled or written off, it should not be reported as owed.

Violation : Equifax is reporting the account as a charge-off but has not provided proof of a 1099-C form. 
If the debt was sold, XXXX should no longer report it, and Equifax is misrepresenting the account status. 
Legal Remedy : If no 1099-C was issued, demand the account be removed immediately for improper tax reporting.

Report Equifax to the IRS for noncompliance with debt cancellation reporting.

7 VIOLATION OF FDCPA CONTINUED REPORTING OF A SOLD OR UNVERIFIED DEBT ( 15 U.S.C. 1692e ( 2 ) ( A ) ) ( Applicable if the debt is now held by a collection agency ) FDCPA 807 ( 15 U.S.C. 1692XXXX ( XXXX ) ( A ) ) prohibits misrepresenting the legal status of a debt. 
If XXXX sold the account, Equifax can not legally report it as a charge-off under Nissans name. 
Violation : Equifax is reporting a charged-off account under XXXX, despite claiming the debt was sold.

If Nissan no longer owns the debt, it is illegal to report it under their name.

Legal Remedy : Demand Equifax remove the account immediately or provide proof of ownership.

File an FDCPA complaint if they refuse to remove a debt that was sold. 
FINAL DEMAND YOU HAVE XXXX BUSINESS DAYS TO COMPLY I am giving Equifax exactly XXXX business days from the date of this letter to : 1 Immediately and permanently delete the fraudulent XXXX XXXX XXXX XXXX XXXX XXXX accounts. 
2 Provide a written confirmation stating the accounts have been removed and will not be reinserted.

3 Provide all documentation used to verify this account, including : Signed contract proving I authorized the account Payment records or validation from the original creditor Chain of title proving ownership of the account Contact information of the furnisher & proof of communication 4 Cease all further reporting of these accounts.

5 Stop sending misleading dispute notifications to stall the removal process.

LEGAL ACTION IF YOU FAIL TO COMPLY If Equifax fails to comply within XXXX business days, I will take the following actions without further notice : File a Lawsuit Against Equifax in Small Claims or XXXX XXXX XXXX a complaint with the CFPB, FTC, and State Attorney General Report Equifax to the IRS for improper debt reporting

Company response to consumer: Closed with explanation