Consumer complaint received 2022-04-20
Company: EQUIFAX, INC.
State: MA
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:
BILLING ERROR DISPUTE FCBA XXXX Claims as of XX/XX/XXXX, Substantial Intentional Misrepresentation/ Bad Business Practices : XXXX XXXX continues to Assert False Claims while failing to provide evidence other than a false billing statement. The only evidence that can validate this " alleged debt and justification for the Administrative Chargeback '' is PROOF that I indeed breached the contract regarding Early Termination. XXXX XXXX has NEVER provided this evidence. However, I have successfully proven that it proves this merchant 's fraudulent and deceptive business practices increase revenue and extort profits. 
XXXX XXXX continues to assert that the charges were valid due to the early termination of my service before the promotional expiration period in breach of contract, justifying the chargeback of the gift card and outstanding debt of {$170.00}. My documents prove that I satisfied the requirements to earn the promotional gift card, with an open account date of XX/XX/XXXX, verified by contract and XXXX hard inquiry credit check. My attached evidence proves I had service-connected for the minimum 90 days UNDER A PREPAID NO ANNUAL CONTRACT TERMS OF THE {$450.00} BYOD promotion from XXXX XXXX. Any reference to current terms and conditions of their promotional gift cards is irrelevant and does not apply to this case. See attached. Finally, this misrepresentation has denied my Due Process and Expeditious review of my arbitration claim. 
Accordingly, I maintain my False Claims and FCRA violation assertions, and I. Breach of contract means that the company made you a promise ( either verbally, through a contract, or implied in their actions ) and then did not live up to that promise. 
1. include making it hard for you to receive some benefit of a deal or promotion with the company 2. the company tries to charge fees or impose requirements hidden in the fine print so you wouldnt know they were there. 
I was wrongfully and deceptively charged back for adjusted rebate promotion credits which were used in Good Faith and accordance and compliance with XXXX XXXX XXXX XXXX regarding acceptable use of gift cards ( promo rebate ), resulting in an outstanding balance, referral to the credit agency, punitive charges, in contravention of the predefined policy and violation of my customer rights. 
As of today, XX/XX/XXXX, XXXX HAS PRODUCED NO EVIDENCE TO SUPPORT OR VALIDATE THE EFT CHARGES. Additionally, when requested by the FCC, XXXX asked for an extension of 14 days to produce these documents. Despite my repeated disputes, NO ONE GAVE ME AN EXTENSION before O NEGATIVE REPORTING TO CREDIT BUREAUS NOR SENDING ME TO COLLECTIONS DURING THE BILLING DISPUTE PROCESS. 
[ FCC Consumer Inquiries and Complaints ] Re : False Credit Billing and FCRA Violation Complaint against XXXX ________________________________________ FCC XXXX Tue, XXXX XXXX, XXXX, at XXXX AM Reply-To : FCC XXXX To : XXXX XXXX XXXX # # - Please type your reply above this line - # # This ticket ( # XXXX ) has been updated. 
Hi XXXX, Your carrier has requested an extension of time to respond to your complaint. The Commission has granted your page a 14-day extension to respond to your complaint. 
Once we hear back from your carrier, we will reach out to you again. 
Thank you for your submission. 




THE FACTS REMAIN AS FOLLOWS : My account closure directly results from network incompatibility of an upgraded device on the network after replacing a lost phone and limited options and need for a phone. After repeated attempts to present the contradicting XXXX regarding gift card acceptable use, I am therefore forced to submit this Notice of Dispute. 
On XXXX, XXXX XXXX XXXX representative XXXX sent an email stating that my dispute had been denied and that no additional concessions would be made when no concessions have been made to date, and XXXX failed to honor the XXXX that they defined. When entering this contract, I agreed before porting services out with a {$0.00} balance and a {$130.00} credit balance. I was directed contact XXXX XXXX XXXX to discuss payment options, where I again petitioned for reconsideration and was presented with a settlement that included the following provisions : 1. Add the IMEI number to the database 2. Gather account details 3. Call to discuss port and favorable incentive to return to XXXX XXXX. 
On XXXX, XXXX XXXX XXXX Department representative, Al ref # XXXX, reneged on our verbal agreement on the recorded line, breached the terms of the deal, and punitively sent me to collections. 
On XXXX, I received notice of debt collections. On XXXX, I spoke with XXXX at XXXX, where he would have the back office investigate the miscommunication and follow up with me. No action has occurred, and I have until XXXX to dispute the creditor. 
FCBA COMPLAINT VIOLATION CHARGES XXXX XXXX, XXXX, Equifax, and XXXX violate the Fair Credit Billing Act ( FCBA ), 15 U.S.C. 1601-1667f, and the Truth in Lending Act 's ( TILA ) unauthorized use provision, 15 U.S.C. 1643, Within 60 days of receipt of a written notice of error, the FCBA requires a creditor to 1 ) acknowledge receipt of the dispute in writing within 30 days ; and 2 ) within two billing cycles, or no later than 90 days, either correct the account or investigate, and provide a written explanation as to why the statement is correct.

By its acts and practices as hereinabove described, the Respondents have violated the FCBA as follows, without limitation : a. By failing to make appropriate corrections on credit account ending.

b. By committing multiple billing errors ; and c. By failing to conduct a reasonable investigation.

By its acts and practices as hereinabove described, the Respondents have violated the TILA as follows, without limitation : a. By failing to make the proper allocations, adjustments, and timely credits to Plaintiffs account.

b. Violated the compliance requirements under the FCBA billing errors dispute and investigation process As a result of their unlawful conduct, I spent countless hours, often missing work, communicating with several agents and supervisors, and became increasingly worried and confused by the misinformation provided by XXXX XXXX and three credit reporting agencies. 
After undergoing XXXX and still aggrieved by this unresolved ongoing billing dispute, I grew more stressed and aggravated by the Respondents inability to coordinate a resolution and suffered sleepless nights and anxiety due to the Respondents unfair, deceptive, and abusive practices. 
The Respondents are liable for statutory penalties and actual damages sustained due to the Respondents ' violations of the FCBA and TILA and attorneys ' fees and costs and fines for the delay. denial of due process during the arbitration process in violation of Sections 1031 and 1036 of the CFPA, 12 U.S.C. 5531, 5536 RESOLUTION SOUGHT 1. CONSUMER REDRESS 2. INJUNCTIVE RELIEF due to substantial misrepresentations during Arbitration Process to delay and deny expedited due process and resolution before adverse action and physical, emotional, and economic injuries sustained by me ( Complainant ) Case # XXXX XXXX XXXX 3. Full enforcement, protection, and damages under CFPB, FTC, AND FCC LAWS 4. Investigation into UDAAP violations and review of business practices to confirm compliance with the law ( Sections 1031 and 1036 of the CFPA, 12 U.S.C. 5531, 5536 ) 5. Make account and credit reporting corrections 6. DELETE THE CREDIT COLLECTIONS ACCOUNT FROM ALL 3 REPORTS 7. Reimbursement for payments made erroneously based upon inaccurate billing, collections harassment, and coercion and extortion resulting from FCRA violations and adverse credit reporting 8. Damages for emotional, physical, psychological stress and duress resulting from XXXX Substantial Misrepresentations of UDAAP practices, and failure to provide accurate and reliable information 9. Punitive damages ( penalties and fees ) up to a maximum of {$10000.00} for continuing to engage in unfair acts or practices in violation of Sections 1031 and 1036 of the CFPA, 12 U.S.C. 5531, 5536.

Company response to consumer: Closed with explanation