Summary of complaints
1) Defamation and the Reckless Enablement of Identity Theft
2) Violation of the Identity Theft Victims Assistance Act of Bill 1742
3) Violation of the Computer Fraud and Abuse Act of 1986, Public Law, 18 U.S.C. 1001
4) Failure to Follow Written Instructions
Background information:
Equifax has been issuing credit reports asserting that a Chapter 7 Bankruptcy was filed in 10/1999, and this was tied to my identity.
I have disputed the Chapter 7 identified by Equifax because I worked overseas from 01/1997 to 01 on a contract supporting the Bureau of Diplomatic Security. Former tenants occupied my residence and at a point of time ceased to pay rent. These individuals stole documents and misused my identity information to open a number of accounts during the 1997-1999 time frame. These same individuals were later discovered to have used a bogus SSN to obtain a lease. Evidently, these individuals filed a Chapter 7 using my identity in retaliation for my having initiated eviction proceedings. These individuals are not named herein due to continuing law enforcement investigation.
Specific Items are Detailed as Follows:
COMPLAINT 1): Defamation and the Reckless Enablement of Identity Theft
EVIDENCE: In 10/1999, I was working at the (a US Government facility) in Tunis, Tunisia in support of an engineering project supporting the Bureau of Diplomatic Security and I did not return to the US until 01. Law enforcement personnel presented clear and convincing evidence of this fact to Equifax several months ago. One of the other Credit Bureaus did their own independent research and found that I did not file a Chapter 7 at that or any other time. Also, a letter from a major bank cited their independent investigation that concluded that a particular account was fraudulently opened within the scope of identify theft.
VICTIM IMPACT: Equifax has chosen to disregard the evidence and has failed to cease and desist from reporting this item. This has significantly and unjustly hampered and undermined the capacity to refinance the VA mortgage I worked hard for (in more ways than one) when rates are at record lows. This has also interfered with matters of insurance as well as retirement and education investing.
Equifax has ignored previous affidavits executed in proper form and correspondence, has not responded to private detectives/investigators at work on my case, has ignored evidence presented by law enforcement, and has continued defamation of my identity without cause or provocation.
Their actions have also needlessly victimized my wife and step-child (aged 14), have caused both the waste of otherwise more productive time, and undue duress.
COMPLAINT 2): Violation of the Identity Theft Victims Assistance Act of Bill 1742
EVIDENCE: The Identity Theft Victims Assistance Act of Bill 1742
COMMENTS: The Identity Theft Victims Assistance Act of Bill 1742, was sponsored by Washington Senator Maria Cantwell. This act states the following:
*Clarifies that for victims of identity theft, the statute of limitations for the Fair Credit Reporting Act will be five years
*Requires consumer credit reporting agencies to block reporting of bad credit that arises from identity theft.
It has been nearly five years since the alleged Chapter 7 filing in 1999, and since this was proven to be undertaken by persons other than myself, it should have been stricken. Equifax has wantonly and without consideration violated both the above-stated provisions.
COMPLAINT 3): Violation of the Computer Fraud and Abuse Act of 1986, Public Law, 18 U.S.C. 1001
EVIDENCE: Equifax has disseminated my identity along with incomplete, inaccurate, and irrelevant information via electronic transmission. There are no safeguards to assure the legitimacy of recipients of such information.
COMMENTS: Equifax is not a government agency, rather a for-profit private entity that gains revenue by earning commissions from subscribers. Equifax is paid higher commissions by subscribers if negative items appear in reports when inquiries are made. Thus, if no legitimate negative items are contained in reports, Equifax personnel are given incentives to derive or manufacture such items.
Equifax also gains revenue by providing information to telemarketers and to websites distributing spam emails offering promotions such as pyramid schemes, controlled substances and pornography shipped from offshore addresses, bogus work-at-home schemes, etc.
There is no accountability or concern for the integrity of information because the majority of Equifax personnel are part-timers earning less than minimum wage who are usually there less than six months, possess practically no literacy skills and are absent any training in value judgment.
COMPLAINT 4): Failure to Follow Written Instructions
EVIDENCE: Continued receipt of reports reflecting that clearly reflect that my instructions have not been adhered to.
COMMENTS: The fact that I hold two masters degrees and certification as an Information Assurance Security Officer was never given any consideration. Equifax has also been indifferent to the fact that I am a taxpaying homeowner, registered voter, and a veteran. Clearly written instructions communicated to Equifax have been ignored. Equifax has ignored previous affidavits executed in proper form and correspondence, has not responded to private detectives/investigators at work on my case, has ignored evidence presented, and has continued defamation of my identity without cause or provocation.
Robert
Gaithersburg, Maryland
U.S.A.
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