Equifax Willfully Violating FCRA, Advise? Executive Contact Fax or Email? Please?

[Anonymous]

Hello credit score builders and credit card lovers. I am new to your family and could really use some help!!!

Anyway, here is my issue:

On December 18, 2016, I faxed Equifax a copy my King County Sherrif's Office Incident Report which a report taken by a deputy of the Sherrif's office. Since I live in unicorporated King County, we have a county sherrifs office, not a city police department.

On December 22, 2016, I called Equifax Fraud Department and informed them that in accordance with the FCRA, Equifax has 4 business days to block information that resulted from identity theft from appearing on my credit report since they received a police report from me. The Equifax Supervisor I spoke to, Daniel Crawford (Employee ID 372520), based out of Manila Phillipines, informed me I sent them an "Incident Report" but am required to send them a "Police Report". He was aware of the FCRA requirement to remove identity theft accounts within 4 business days and said that until I sent him a police report, Equifax will not be removing any identity theft accounts from my credit file. I explain to him that I live in a unincorporated county, we have a sherrif's office and not a police force. He told me the report must say "King County Police Report" and it doesn't. I told him there is no such thing as "King County Police"... After a lot of arguing, he refused to remove the accounts that resulted from identity theft.

On December 22, 2016, I faxed Equifax a cover letter, a FTC identity theft report and a King County Sherrifs Office Incident Report (because that is equivalent to a police report). 

In my opinion, Equifax is in willfull violation of the Fair Credit Reporting Act.

I am purchasing (actually already took it home) a new Toyota vehicle. These two accounts equifax refused/refuses to block/delete are my only negative accounts. Because of Equifax's willful violation of the FCRA, I am going to end up with a 9% interest rate and will pay about $10,000 interest over the life of my loan. 

Does anyone have either an email address or fax number to someone at Equifax that has the ability to delete these two accounts from my credit report, before the dealer finalizes the financing? Maybe like an executive department contact that will remove it quickly.

Honestly, I feel like Equifax should not be allowed to treat individuals this way.. I mean, data furnishers are the true customers of the credit burueas since they pay to have information listed on credit reports and of course, would do what their paying-data-furnishers tell them to do... I feel like suing Equifax for FCRA violations, can anyone recommed a contingency attorney and if it needs to be one near me, I am in the Seattle-Tacoma Area..

December 2016 Scores:  TransUnion: 721   |   Experian: 689   |   Equifax: 627

December  2016 Open Credit Cards: 6   | Total Available Credit: $25,100 |   Installment Loans: 1 

Collections: 0 | No negative accounts except two fraudulent accounts reporting on Equifax | No Public Records | No Missed Payments

August     2016 Scores: TransUnion: 503   |   Experian: 545   |   Equifax: 511

August     2016 Open Credit Cards: 0   |   Total Available Credit: $0          |   Installment Loans: 0

Collections: 16 Unpaid Collections   |  Missed Payments: 19   | Public Records: 2

[RobertEG]

FCRA 605B requires four items in order to reauire a block of information.

1. Appropriate proof of identity of the consumer,

2. A copy of an identity theft report,

3. Identification of the information that is asserted to have resulted from identity theft, and

4. A statement by the consumer that the information is not information relating to any transaction by the consumer. 

FCRA 603(q)(4) defines an identity theft report as a a report that:

"(A)        that alleges an identity theft;

(B)        that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Bureau; and

(C)        the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false. "

If you have included all of the above, and the law enforcement agency is one for which filing of a report subjects the person to criminal penalties, then the CRA is required to block.

The CRA is apparently only contesting whether the filing of your report with the named law enforcement agency subjects you to criminal penalties for any knowingly false statements.

Did the CRA rep present any substantive basis for his conclusion that the named agency was not a law enforcement agency for which false statements give rise to potential criminal penalties, or was his conclusion unsupported?

If you have basis for asserting a violation of the FCRA, you have the option of either filing a formal complaint with the CFPB or filing your own civil action under FCRA 616 if the violation is considered willful noncompliance, or under FCRA 617 if the violation is considered negligent noncompliance. 

I would suggest, prior to taking either action, that you place a renewed call to the CRA and ask to speak to s supervisor, and express your intent to take action if they do not comply.

I would not rely on the opinion of a first-line phone rep.

[Anonymous]

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@Anonymous wrote:

Hello credit score builders and credit card lovers. I am new to your family and could really use some help!!!

Anyway, here is my issue:

On December 18, 2016, I faxed Equifax a copy my King County Sherrif's Office Incident Report which a report taken by a deputy of the Sherrif's office. Since I live in unicorporated King , we have a county sherrifs office, not a city police department.

---

Just wondering... although the rep may have been stuck on the name of the law enforcement agency, is it possible that the real problem is that your report is titled an "...Incident.." report and not an "...Identity Theft..." report? To me they're not the same.  

The point made by the previous poster is more substantial - I would think that the report filed has to be such that it would deter anyone from making false allegations of theft just to get items removed from their CRs. I am not saying yours is a false allegation, only there would have to be something in place that would threaten criminal charges if the report was made falsely.  

Can you confirm with your sherrif's office if the report you filed meets that requirement? Also, maybe inquire with the Sheriff's dept. and EQ Fraud dept. if there is a specific report that has to be completed for identity theft incidents. Just a suggestion.

Good luck!

[Anonymous]

1. There are criminal penalities for filing a dishonest report with the King County Sherrifs Office.

2. This was not a front-line represenative. This was a supervisor I was transferred to after asking to speak to someone in the USA, but turned out to be a "supervisor" in the Phillipines. 

3. Do you have a contact at Equifax?

[Anonymous]

Here is information from the report: 

Title: KING COUNTY SHERIFF'S OFFICE SUMMARY INCIDENT REPORT

Incident Code: 189

Incident Type: Identity Theft

Here is the report I was provided by the King County Sherrifs Office: https://www.scribd.com/document/335034653/Police-Report-Redacted

[Anonymous]

Equifax Fraud Dept:

1-888-766-0008 (select 3)

You should also first file a report online if you haven't already. Do a Google search for Equifax Fraud department. You will see the # above and a link to file online. 

As far as the non-state side supervisor, search myfico for how to handle foreign customer service. There are tips in those post that may prove helpful to you getting to a state-side representative. Best of luck!.

[sirwilliamstar]

Sue them!

[nolamike]

GSavin,

The other advice is on the money, but the one thing I want to suggest is that you call again and tell the operation (if they are in the P.I.) that you wish to speak to a MANAGER in the U.S.

Do NOT accept anyone who will not verify they are in the U.S. keep pushing that point.

Check your state laws and see if you are in a One Party Permission state for Recording phone calls. Even if you are not, record the call because it will say "this call may be recorded..." at the beginning which needs to be captured on your tape recording. If someone demands that they are going to record your call nothing prevents you from doing the same not even state law. Besides it would be a federal jurisdiction issue since the call is first sent to the PI.

Tell the american rep you are recording if your state law prohibits one party permission. IF they say they don't want to talk to you make sure that is captured on the tape and tell them give me a MANAGER.

equifax global customer service number is (i believe) 888 261 9735 if you have not tried it

try these numbers if you have to. I am not sure how good they are, so let us know if they work for you. (they come from http://elliott.org/company-contacts/equifax/ )

Executive Contacts

Primary Contact
Lisa Willis
Customer service manager for executive dispute
1550 Peachtree St NE
Atlanta , GA 30309-2402
(678) 795-7507
lisa.willis@equifax.com

Also, try:
Robert Bell
Managing director
robert.bell@equifax.com

Secondary Contact
Celestina Gobin
Customer service dispute resolutions supervisor
1550 Peachtree St NE
Atlanta , GA 30309-2402
(404) 885-8105
celestina.gobin@equifax.com

Jason Flemish
VP Global Customer Care
1550 Peachtree St NE
Atlanta , GA 30309-2402
(678) 795-7760
jason.flemish@equifax.com

Tony Weeks
SVP Global Consumer and Business
(678) 795-7625
anthony.weeks@equifax.com

Chief Executive
Richard F. Smith
CEO
1550 Peachtree St NE
Atlanta , GA 30309-2402
(404) 885-8000
richard.smith@equifax.com

make sure you tell them about your PI experience.