Consumer complaint received 2024-04-12 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: NY

Complaint narrative:
Dear all companies involved my name is XXXX XXXX I have disputed this fraud AUTO LOAN account with XXXX XXXX filed multiple identity theft claiming this account is fraud with the FTC XXXX These negative reporting on my credit is hurting my life financially and progressively as well Iam a federally protected consumer and my rights are in violation also all credit bureaus and companies named are in violations of the fair cares XXXX XXXX its been more than 8 months i ask for credit bureaus to delete and remove negative account listed below Account name : XXXX XXXX XXXX Equifax Account # : XXXX XXXX XXXX Account Type : Installment Installment Installment Account Type - Detail : Auto Loan Auto Loan - Bureau Code : Joint Joint Joint Account Status : Closed Paid Paid Monthly Payment : {$0.00} {$0.00} {$0.00} Date Opened : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Balance : {$0.00} {$0.00} {$0.00} No. of Months ( terms ) : XXXX XXXX XXXX High Credit : {$13000.00} {$13000.00} {$13000.00} Credit Limit : {$0.00} {$0.00} {$0.00} Past Due : {$0.00} {$0.00} {$0.00} Payment Status : Current Current Current Last Reported : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Comments : Closed **CONSUMER STATEMENT** Y ITEM DISPUTED BY CONSUMER Consumer disputes- reinvestigation in progress Date Last Active : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Date of Last Payment : XX/XX/XXXX - XX/XX/XXXX XXXX - XXXX XXXX XXXX XXXX ( XXXX ) - METHOD OF VERIFICATION IF YOU USE THE FIRST XXXX LAWS AND YOUR DISPUTES COME BACK AS ACCURATE, YOU CAN USE THIS LAW TO DEMAND PROOF OF THE INVESTIGATION THAT TOOK PLACE TO VERIFY THE ITEMS IF THEY CREDIT REPORTING AGENCIES CAN NOT PROVIDE IT, THEY MUST DELETE THE ITEMS FROM YOUR REPORT # XXXX - XXXX XXXX XXXX XXXX PERMISSIBLE PURPOSE YOU CAN USE THIS LAW TO CHALLENGE CREDIT REPORTING AGENCIES TO SHOW WHERE YOU PROVIDED WRITTEN PERMISSION FOR A NEGATIVE ITEM TO BE ON YOUR CREDIT REPORT. IF THEY CAN'T PROVIDE IT, YOU CAN LEVERAGE THIS LAW TO HAVE IT DELETED Law XXXX XXXX. XXXX The Act ( Title VI of the Consumer Credit Protection Act ) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report can not be provided to anyone who does not have a purpose specified in the XXXX. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The XXXX and Accurate Credit Transactions Act added many provisions to this XXXX primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau XXXX XXXX the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains XXXX its enforcement authority. 




XXXX XXXX XXXX : Responsibilities of furnishers of information to consumer reporting agencies Text contains those laws in effect on XX/XX/XXXX From Title XXXX AND TRADE CHAPTER XXXX CREDIT PROTECTION SUBCHAPTER III-CREDIT REPORTING AGENCIES Jump To : Source Credit Prior Provisions Effective Date XXXX. Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( XXXX ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or consciously avoids knowing that the information is inaccurate. 
( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if- ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. 
( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address. 
( XXXX ) Duty to correct and update information A person who- ( A ) regularly and in the ordinary course of business furnishes information to XXXX or more consumer reporting agencies about the person 's transactions or experiences with any consumer ; and ( B ) has furnished to a consumer reporting agency information that the person determines is not complete or accurate, shall promptly notify the consumer reporting agency of that determination and provide to the agency any corrections to that information, or any additional information, that is necessary to make the information provided by the person to the agency complete and accurate, and shall not thereafter furnish to the agency any of the information that remains not complete or accurate. 
( XXXX ) Duty to provide notice of dispute If the completeness or accuracy of any information furnished by any person to any consumer reporting agency is disputed to such person by a consumer, the person XXXX not furnish the information to any consumer reporting agency without notice that such information is disputed by the consumer. 
( XXXX ) Duty to provide notice of closed accounts A person who regularly and in the ordinary course of business furnishes information to a consumer reporting agency regarding a consumer who has a credit account with that person shall notify the agency of the voluntary closure of the account by the consumer, in information regularly furnished for the period in which the account is closed. 
( XXXX ) Duty to provide notice of delinquency of accounts A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the month and year of the commencement of the delinquency that immediately preceded the action. 
( b ) Duties of furnishers of information upon notice of dispute ( XXXX ) In general After receiving notice pursuant to section XXXX ( a ) ( XXXX ) of this title of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer reporting agency, the person shall- ( A ) conduct an investigation with respect to the disputed information ; ( B ) review all relevant information provided by the consumer reporting agency pursuant to section XXXX ( a ) ( XXXX ) of this title ; ( C ) report the results of the investigation to the consumer reporting agency ; and ( D ) if the investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis. 
( XXXX ) Deadline A person shall complete all investigations, reviews, and reports required under paragraph ( XXXX ) regarding information provided by the person to a consumer reporting agency, before the expiration of the period under section XXXX ( a ) ( XXXX ) of this title within which the consumer reporting agency is required to complete actions required by that section regarding that information. 
( c ) Limitation on liability Sections XXXX and XXXX of this title do not apply to any failure to comply with subsection ( a ) of this section, except as provided in section XXXX ( c ) ( XXXX ) ( B ) of this title. 
( d ) Limitation on enforcement Subsection ( a ) of this section shall be enforced exclusively under section XXXX of this title by the XXXX agencies and officials and the XXXX officials identified in that section. 
( Pub. XXXX XXXX, title VI, XXXX, as added Pub. XXXX XXXX, XXXX. A, title XXXX, XXXX ( a ) ( XXXX ), XXXX XXXX, XXXX, XXXX XXXX. XXXX. ) XXXX XXXX Code XXXX - Loan guarantees XXXX XXXX Notes XXXX | next ( a ) Congressional policy It is the policy of the XXXX to assist in the introduction into the Nations transportation fleet of electric and hybrid vehicles and to assure that qualified small business concerns and other qualified borrowers are not excluded from participation in such development due to lack of adequate capital. Accordingly, it is the policy of the XXXX to provide guarantees of loans made for such purposes. 

( b ) Encouragement of commercial production ; purpose of loans In order to encourage the commercial production of electric and hybrid vehicles, the XXXX of XXXX is authorized to guarantee, and to enter into commitments to guarantee, principal and interest on loans made by lenders to qualified borrowers, primarily small business concerns, for the purposes of ( XXXX ) research and development related to electric and hybrid vehicle technology ; ( XXXX ) prototype development for such vehicles and parts thereof ; ( XXXX ) construction of capital equipment related to research on, and development and production of, electric and hybrid vehicles and components; or ( XXXX ) initial operating expenses associated with the development and production of electric and hybrid vehicles and components. 
( c ) Maximum amount of loan guarantee Any guarantee under this section shall apply only to so much of the principal amount of the loan involved as does not exceed XXXX percentum of the aggregate cost of the activity with respect to which the loan is made. 

( d ) Terms and conditions of guarantee Loan guarantees under this section shall be on such terms and conditions as the Secretary of XXXX determines, except that a guarantee shall be made under this section only if ( XXXX ) the loan bears interest at a rate not to exceed such annual percent on the principal obligation outstanding as the Secretary of XXXX determines to be reasonable, taking into account the range of interest rates prevailing in the private sector for similar loans and risks by the United States ; ( XXXX ) the terms of such loan require full repayment over a period not to exceed 15 years ; ( XXXX ) in the judgment of the Secretary of XXXX, the amount of the loan ( when combined with amounts available to the qualified borrower from other sources ) will be sufficient to carry out the activity with respect to which the loan is made ; XXXX XXXX. XXXX - XXXX XXXX - XXXX XXXX XXXX. XXXX and XXXX XXXX. Transactions other than under an open end credit plan Current as of XX/XX/XXXX | Updated by FindLaw Staff ( a ) Required disclosures by creditor For each consumer credit transaction other than under an open end credit plan, the creditor shall disclose each of the following items, to the extent applicable : ( XXXX ) The identity of the creditor required to make disclosure. 

( XXXX ) ( A ) The amount financed, using that term, which shall be the amount of credit of which the consumer has actual use. This amount shall be computed as follows, but the computations need not be disclosed and shall not be disclosed with the disclosures conspicuously segregated in accordance with subsection ( b ) ( XXXX ) : ( i ) take the principal amount of the loan or the cash price less downpayment and trade-in; ( ii ) add any charges which are not part of the finance charge or of the principal amount of the loan and which are financed by the consumer, including the cost of any items excluded from the finance charge pursuant to section XXXX of this title; and ( iii ) subtract any charges which are part of the finance charge but which will be paid by the consumer before or at the time of the consummation of the transaction, or have been withheld from the proceeds of the credit. 

( B ) In conjunction with the disclosure of the amount financed, a creditor shall provide a statement of the consumer 's right to obtain, upon a written request, a written itemization of the amount financed. The statement shall include spaces for a yes and no indication to be initialed by the consumer to indicate whether the consumer wants a written itemization of the amount financed. Upon receiving an affirmative indication, the creditor shall provide, at the time other disclosures are required to be furnished, a written itemization of the amount financed. For the purposes of this subparagraph, itemization of the amount financed means a disclosure of the following items, to the extent applicable : ( i ) the amount that is or will be paid directly to the consumer ; ( ii ) the amount that is or will be credited to the consumer 's account to discharge obligations owed to the creditor ; ( iii ) each amount that is or will be paid to third persons by the creditor on the consumer 's behalf, together with an identification of or reference to the third person; and ( iv ) the total amount of any charges described in the preceding subparagraph ( A ) ( XXXX ). 

( XXXX ) The finance charge, not itemized, using that term. 

( XXXX ) The finance charge expressed as an annual percentage rate, using that term. This shall not be required if the amount financed does not exceed {$75.00} and the finance charge does not exceed {$5.00}, or if the amount financed exceeds {$75.00} and the finance charge does not exceed {$7.00}. 

( XXXX ) The sum of the amount financed and the finance charge, which shall be termed the total of payments. 

( XXXX ) The number, amount, and due dates or period of payments scheduled to repay the total of payments. 

( XXXX ) In a sale of property or services in which the seller is the creditor required to disclose pursuant to section XXXX ( b ) of this title, the total sale price, using that term, which shall be the total of the cash price of the property or services, additional charges, and the finance charge. 

( XXXX ) Descriptive explanations of the terms amount financed, finance charge, annual percentage rate, total of payments, and total sale price as specified by the XXXX. The descriptive explanation of total sale price shall include reference to the amount of the downpayment. 

( XXXX ) Where the credit is secured, a statement that a security interest has been taken in ( A ) the property which is purchased as part of the credit transaction, or ( B ) property not purchased as part of the credit transaction identified by item or type. 

( XXXX ) Any dollar charge or percentage amount which XXXX be imposed by a creditor solely on account of a late payment, other than a deferral or extension charge. 

( XXXX ) A statement indicating whether or not the consumer is entitled to a rebate of any finance charge upon refinancing or prepayment in full pursuant to acceleration or otherwise, if the obligation involves a precomputed finance charge. A statement indicating whether or not a penalty will be imposed in those same circumstances if the obligation involves a finance charge computed from time to time by application of a rate to the unpaid principal balance. 

( XXXX ) A statement that the consumer should refer to the appropriate contract document for any information such document provides about nonpayment, default, the right to accelerate the maturity of the debt, and prepayment rebates and penalties. 

( XXXX ) In any residential mortgage transaction, a statement indicating whether a subsequent purchaser or assignee of the consumer XXXX assume the debt obligation on its original terms and conditions. 

( XXXX ) In the case of any variable interest rate residential mortgage transaction, in disclosures provided at application as prescribed by the XXXX for a variable rate transaction secured by the consumer 's principal dwelling, at the option of the creditor, a statement that the periodic payments XXXX increase or decrease substantially, and the maximum interest rate and payment for a {$10000.00} loan originated at a recent interest rate, as determined by the XXXX, assuming the maximum periodic increases in rates and payments under the program, or a historical example illustrating the effects of interest rate changes implemented according to the loan program. 

( XXXX ) In the case of a consumer credit transaction that is secured by the principal dwelling of the consumer, in which the extension of credit XXXX exceed the fair market value of the dwelling, a clear and conspicuous statement that--

Company response to consumer: Closed with explanation