Consumer complaint received 2022-10-14
Company: EQUIFAX, INC.
State: PA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
I contacted XXXX, XXXX, and now XXXX XXXX ( TODAY ) to put them on notice about the following. 

I submitted a dispute with XXXX about violations on my consumer report about illegal late payment transactions they did not resolve my issues by deleting the late payments. They claimed that it meets their FCRA requirements when it does not. I sent XXXX and Equifax the same notices as well as XXXX XXXX 

All three consumer agencies and XXXX XXXX are in violation of 15 US Code 1681a ( d ) ( 1 ) The definition of a Consumer Report is : In general. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title. So, why are the consumer reporting agencies including XXXX XXXX REPORTING LATE PAYMENT TRANSACTIONS So, According to the law ( 15 US Code 1681a ( d ) ( 1 ) A Consumer Report does not include FICO scores or Vantage Scores and if that is the case and according to you late payment history is included in my FICO and Vantage Scores why are you reporting late payments on my consumer report when it's part of FICO scores and Vantage Scores. Also, according to FAIR CREDIT REPORTING ACT 15 USC 1681 ( 2 ) ( a ) ( i ) Exclusions from a consumer credit report CLEARLY STATES : ( 2 ) EXCLUSIONS. Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) Subject to section 1681s-3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. 
Late payments are also considered transactions which should not be included in my consumer file XXXX you are in clear violation of the law 15 US Code 1681a ( d ) ( 1 ) and 15 USC 1681 ( 2 ) ( a ) ( i ) I am demanding that you delete the above late payments from the above account immediately or I will escalate this matter to taking legal action and report you to the CFPB and Attorney General. 
The reporting of such information that is not supposed to be in my consumer file has caused severe damage to my character, my reputation, my general mode of living and my ability to obtain credit for personal and house purposes. 
Failure to respond satisfactorily with deletion of the above referenced account ( s ), and sending out a free copy of my report after the changes have been made will result in legal actions being taken against your company, for which I will also be seeking {$1000.00} per violation for : 1.Defamation of Character ( per se ) 2.Negligent Enablement of Identity Fraud 3.Fair Debt Collections Practices Act 15 USC 1692g violations 4.Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ]

Company response to consumer: Closed with explanation