Letter to Equifax LONG LONG

Discussion in 'Credit Talk' started by kustomkat, Dec 20, 2001.

  1. kustomkat

    kustomkat Well-Known Member

    Hey Guys here is my latest letter to Equifax..
    In response to inquiries not being investigated..
    And all of you wonderfull wirters and knowledgable FCRA people let me know if there is anything I should add...

    December 20, 2001

    To Glenn King
    Consumer Relations Equifax,

    In Aug 2001 I sent in a letter disputing incorrect information contained on my Equifax Credit Report. Among other items being disputed were inquiries. I received a notification back when the investigation was completed some items were deleted some were updated along with an explanation of you policy on inquiries.

    In your explanation you state â?? inquiries are factual record of file accessâ?. Are other accounts listed on oneâ??s report considered factual reporting of account usage? I would assume and hope so. My Equifax report as contained both adverse and positive account ratings from accounts that were not mine over the years. Could it not be assumed that inquiries can be attributed to oneâ??s credit report belonging to an account that is not their account in the first place? I would think so. If you can misplace and misreport accounts, I believe you could do the same with inquiries.

    Let me remind you that as a Credit Reporting Agency, Equifax is bounded in the terms set forth in the FCRA. Also let me remind you that under section § 611 of the FCRA that you are required to investigate the completeness or accuracy of any item of information contained in a consumer's file, not just items that Equifax deems fit to investigate. This includes Names, Addresses, Account Numbers, Account Balances, etc, etc, and INQUIRIES. Being that inquiries can have an effect on the FICO statistical model and BEACON score, you are even more obligated to investigate inquiries. Inquiries pose adverse results in consumer scoring by lower scores and extension of credit by grantors who sometimes deem â??too many inquiries with in a certain amount of hypothetical time adverseâ? and as a reason for denial.

    Again let me remind you § 611 of the FCRA.
    § 611. Procedure in case of disputed accuracy [15 U.S.C. § 1681i](a) Reinvestigations of disputed information.
    (1) Reinvestigation required.
    (A) In general. If the completeness or accuracy of any item of information contained in a consumer's file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly of such dispute, the agency shall reinvestigate free of charge and record the current status of the disputed information, or delete the item from the file in accordance with paragraph (5), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer.

    If I have reason to believe that an inquiry was unauthorized I contact the credit-reporting agency, not the creditor. It is not up to me to investigate items on my credit report. Equifax is responsible by choice of being in business as a Credit Reporting Agency to maintain complete and accurate credit files on consumers for its subscribers.

    Let me also make Equifax aware that if they are claiming â?? inquiries are factual record of file accessâ? then they have not only set up the subscribers for lawsuits for a $1,000 per non-permissible inquiry but also enable a suit to filed against Equifax employees for $5,000 and/or imprisonment for per non-permissible inquiry. (§ 620. Unauthorized disclosures by officers or employees [15 U.S.C. § 1681r] Any officer or employee of a consumer reporting agency who knowingly and willfully provides information concerning an individual from the agency's files to a person not authorized to receive that information shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both.)



    I ask you to investigate these inquiries:

    10/26/2001 DTC-Capital One -No Knowledge of inquiry, I have not applied and do not have account with Capitol One. No knowledge of permissible purpose.

    10/04/2001 Retailer National Bank- No Knowledge of inquiry, I have not applied and do not have account with Retailer National Bank. No knowledge of permissible purpose.

    07/30/2001 Southern California Gas CO- No Knowledge of inquiry. Consent was not give to receive a credit report on me at this time. No knowledge of permissible purpose.

    07/17/2001 EU-Info 1 -Lenders Credit One -No Knowledge of inquiry. I have not applied and do not have account with Lenders Credit One. Consent was not give to receive a credit report on me at this time. No knowledge of permissible purpose.

    07/05/2001 EU-Choicepoint. I have not applied and do not have account with Choicepoint. Consent was not give to receive a credit report on me at this time. No knowledge of permissible purpose.

    06/28/2001 EU-Stand Facts Inc I have not applied and do not have account with Stand Facts Inc. Consent was not give to receive a credit report on me at this time. No knowledge of permissible purpose.

    05/04/2001 Capital One- No Knowledge of inquiry, I have not applied and do not have account with Capitol One. No knowledge of permissible purpose.

    04/20/2001 Ford Motor Credit No Knowledge of inquiry. Consent was not give to receive a credit report on me at this time. No knowledge of permissible purpose.

    03/29/2001 CB&T. No Knowledge of inquiry. Consent was not give to receive a credit report on me at this time. No knowledge of permissible purpose.

    03/28/2001 Lending Tree, Inc. No Knowledge of inquiry. Consent was not give to receive a credit report on me at this time. No knowledge of permissible purpose.

    03/21/2001 Capital One- No Knowledge of inquiry, I have not applied and do not have account with Capitol One. No knowledge of permissible purpose.

    02/19/2001 Capital One Bank (capstone) - No Knowledge of inquiry, I have not applied and do not have account with Capitol One. No knowledge of permissible purpose.

    10/17/2000 SAFECO Insurance. No Knowledge of inquiry. Consent was not give to receive a credit report on me at this time. No knowledge of permissible purpose.

    Let this letter serve notice that failure to investigate these inquiries will result in the filing of a law suite in district court to seek damages from your credit reporting agency for Non-permissible Credit Report Disclosures, Negligent Enablement of Identity Fraud, Reporting incorrect unverifiable information. Also be aware that this letter is also being forwarded to Local Consumer Advocate Groups, The Federal Trade Commission, My State Senators, My Local State Representatives, and other local and national authorities.

    Thank You in advance for your opportunity to serve me.


    Kevin McBride
     
  2. Saar

    Saar Banned

    I believe nothing short of a class action can change their policy regarding investigating inquiries.


    Saar
     
  3. KHM

    KHM Well-Known Member

    What I don't understand is EXP allows you to do it right online, TU for some of us, allow you to do it, WHAT IS WRONG WITH EQF? How do we go about a class action? How many people are needed? I'm sure if certain amt. of people are needed there are enough here who would go for it.
    KHM
     
  4. kustomkat

    kustomkat Well-Known Member

    I would join a class action...
    I think you need just a few people...

    Kev
     
  5. superadman

    superadman Banned

    I would gladly join such a class action
     
  6. author_22

    author_22 Well-Known Member

    Count me in.
     
  7. Erica

    Erica Well-Known Member

    me too!
     
  8. Saar

    Saar Banned

  9. kustomkat

    kustomkat Well-Known Member

    So should we all start Signing up for that...?????


    Or just one of us..

    Kev
     
  10. KHM

    KHM Well-Known Member

    Ok I am going to that site and put in my complaint, it will look something like this.

    I am interested in learning how to go about filing a class action lawsuit against Equifax credit reporting agency. The FCRA states that the consumer can dispute inaccurate information with the CRA's. It also states that the CRA MUST investigate the items. I recently sent a letter to Equifax regarding some unauthorized inquires on my credit report. In return I received a letter from Equifax stating inquiries are factual and will not be removed, please contact the creditors. When I contact the creditors they tell me to contact the CRA's and dispute it with them. FCRA states the CRA may only provide my report to someone with a permissible business purpose. I am sure there are many others who feel as though Equifax is breaking the law. What are we going to do about this?
    Sincerely
    ME

    sound good? I thin k if we all write something to this nature, we will be able to get SOMETHING going!
    KHM
     
  11. Christi

    Christi Well-Known Member

    I'm in and someone should post on bayouse, yahoo and other boards getting more people to come to the link and join in as well or however, whatever needs to be done.
     
  12. Saar

    Saar Banned

    Only if you want this resolved.


    Saar
     
  13. superadman

    superadman Banned

    I am definitely in! And I will certainly help spread the word. They don't call me superadman for nothing.
     
  14. Saar

    Saar Banned

    To be more precise:

    The main FCRA violation here is that the bureaus refuse to let one dispute the fact that an inquiry was made for a permissible purpose. Yet INQs are coded so, in a way that is invisible to the consumer.

    As Marie once said, the fact they actually have a form-letter saying they do not dispute INQs will make it easier to prove a WILLFUL violation of the FCRA (as opposed to one caused by negligence).


    Saar
     
  15. KHM

    KHM Well-Known Member

    Has anybody else done their part on classaction.com? I am curious as to how many of us it will take to get something going. I am also curious if anyone is victim of identity fraud that tried to dispute inquiries with EQF.
    KHM
     
  16. Christi

    Christi Well-Known Member

    I went to the site and typed in my information. I like your bottom line Learning the Fico..priceless :)
     
  17. JohnOG

    JohnOG Well-Known Member

    Has anything every happened as of yet on beginning this class action law suit?
     

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