Consumer complaint received 2023-08-02
Company: EQUIFAX, INC.
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
On XX/XX/XXXX, I was informed that XXXX closed both of my accounts because they stated I was in default. Neither account has ever been 30 days late. Due to financial issues, I have fallen a bit behind but I always made the payment before 30 days. I have never missed a payment. 

On XX/XX/XXXX, I went on XXXX 's website to attempt to make a payment to avoid any 30 day lates. XXXX was reporting that there were no payments due on either account. Please see attached picture. 

On XX/XX/XXXX, XXXX Bank reported my credit card as a charge off. Once again, I have never been 30 days late with XXXX. For the past 3 months, I have been making the payments around 28 days late but NEVER 30 days late. On XX/XX/XXXX, XXXX XXXX charged off the account and reported the inaccurate negative information to XXXX, Equifax and XXXX. Their actions were improper. On XX/XX/XXXX, the account was only 28 days behind. When I logged in to make an additional payment on XX/XX/XXXX, the account was no longer listed on the website because they had discharged it. Payments are due on the 2nd of each month. There is no record of this account ever being 30 days late nor have they reported it late. 

In accordance with the Fair Credit Reporting Act, the accounts below have violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. 

XXXX Bank : Account # XXXX XXXX XXXX XXXX. Account XXXX : XXXX XXXX, Account # XXXX XXXX XXXX XXXX. Account XXXX : XXXX XXXX, has violated my rights. 

15 U.S.C. 1681 602 ( a ) ( 1-4 ) states ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.

15 U.S.C. 1681b Section 604 ( a ) ( 2 ) states any consumer reporting agency can not furnish an account without my written instructions.

15 U.S.C. 1681c ( a ) ( 5 ) Section states no consumer reporting agency may make any consumer report containing any of the following items of information. Any other adverse item of information, other than records of convictions of crimes which antedates the repo
rt by more than seven years.

15 U.S.C. 1681s-2 ( a ) ( 1 ) states a person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.

Company response to consumer: Closed with explanation