Consumer complaint received 2023-01-23
Company: EQUIFAX, INC.
State: IL
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:
To Whom It May Concern, I am writing to file a complaint against XXXX XXXX ( Partial account number : XXXX ), for violating various provisions of the Fair Credit Reporting Act ( FCRA ) and to request the consumer financial protection bureau to follow up on my requests for information. I asked this credit reporting company to investigate this report and they also failed to do an actual investigation. I hope that this time the request for information in this complaint will resolve any inaccuracies when submitted. The Fair Credit Reporting Act ( FCRA ) requires that collection companies provide validation and verification of debt before collecting on it. Specifically, Section 609 ( a ) of the FCRA requires that a consumer reporting agency ( CRA ) such as a collections company provide a consumer with such information upon request. I requested validation and verification of the debt they collected and never received it. In this complaint, because my request was never responded to, again, I am officially requesting validation and verification of the debt that was collected by XXXX XXXX. 

Detailed Request for validation of the debt : I am requesting a validation of the debt that was collected by XXXX XXXX  along with this complaint. The Truth in Lending Act ( TILA ), which is part of the Consumer Credit Protection Act ( CCPA ) of 1968, requires creditors to disclose important information about the cost and terms of credit to consumers before they enter into a credit transaction. This helps consumers understand the terms and costs of a credit transaction and make informed decisions about whether to enter into the transaction. Debt collectors, on the other hand, are regulated by the Fair Debt Collection Practices Act ( FDCPA ), which regulates their behavior and communication with consumers. 

In any request for validation of the debt, these laws work in tandem. TILA addresses issues between a creditor and a consumer, while the FDCPA addresses issues between a debt collector and a consumer. In this case, XXXX XXXX assumed the role of collector for esurance. I am requesting detailed proof that the debt was valid, including a copy of the original contract or agreement with my wet signature, and a detailed and signed contract or agreement that the debt collector had the legal right to collect on the debt, including the signed terms between the creditor ( esurance ) and collector ( XXXX XXXX ), the amount of the debt, and the name, address, and phone number of the original creditor. 

Under the FDCPA, Section 809 ( a ) states that a debt collector ( XXXX XXXX  ) must provide validation of the debt to the consumer within five days of the initial communication. I did not receive this validation, which constitutes a violation of the law. Furthermore, the failure to validate this debt violates the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S.C. 1692g ( b ). I request XXXX XXXX  to send me the validation of this debt as requested above. If XXXX XXXX  fails to validate the debt, I dispute the reporting of this debt, and request XXXX XXXX XXXX to contact the credit reporting agencies to remove the debt report from my credit report, as per 15 U.S.C. 1681s-2 ( a ). However, if XXXX XXXX  can validate the debt with the above request, I will accept the reporting as accurate. 

Detailed Request for verification of the debt : I am also writing within this complaint, a direct and official request for information from XXXX XXXX  regarding the original contract of the debt that they collected. Pursuant to the Fair Credit Reporting Act ( FCRA ), as a consumer, I have the right to request verification of the debt. The information I am requesting ( 15 items ) includes : The original creditor 's name and account number associated with the debt The name and address associated with the debt The date the account was opened and the date it was charged off or sent to collections The date the account was first reported as delinquent to the original creditor ( original default date ) Itemized billing and payment history associated with this debt The original amount of the debt and the current balance A signed copy of the original contract or agreement, including any terms and conditions that were agreed upon A signed agreement/contract that shows the debt has been assigned or sold to the collection agency The signed terms of debt assignment to the collections agency by the original creditor Information about any interest, fees, or penalties that have been added to the debt Signed proof of ownership of this alleged debt, including documentation or proof that the collection agency has the legal right to collect the debt, such as a signed copy of the original contract or loan agreement The current account number associated with the debt A breakdown of any fees or interest that have been added to the debt Information on any previous collection agencies that attempted to collect the debt The statute of limitations on the debt in Illinois. 

The FCRA requires XXXX XXXX  to provide this information within 30 days of receipt of this request ( 15 U.S.C. 1692g ( a ) ). Any failure to verify this debt as requested above violates the FCRA, specifically 15 U.S.C. 1692g ( b ). In the event that XXXX XXXX  fails to verify the debt, I dispute the reporting of this debt and request XXXX XXXX  to contact the credit reporting agencies to remove the debt report from my credit report, as per 15 U.S.C. 1681s-2 ( a ). However, if XXXX XXXX  can verify the debt with the above request, I will accept the reporting as accurate. 

It is important for XXXX XXXX  to note the written nature of these requests for validation and verification of information on the debt. Similarly, the responses must be made in writing, and failure by XXXX XXXX  to comply with these requests may result in a violation of the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ). Furthermore, these requests are in line with the FCRA which requires the collections agency to provide me with the documentation that I have requested. Specifically, FCRA Section 609 ( a ) ( 1 ) requires that XXXX XXXX  must provide me with the information that is used to calculate my credit score. 

Lastly, within this complaint, I am writing to express my concern about the abuse that I have suffered at the hands of XXXX XXXX. I am calling on the Consumer Financial Protection Bureau ( CFPB ) to closely monitor their practices and hold XXXX XXXX accountable for their actions. The Fair Credit Reporting Act ( FCRA ) requires credit reporting agencies to reinvestigate credit reports when they receive notice of a dispute, as per 15 U.S.C. 1681i ( a ) ( 1 ) ( B ). I believe that the CFPB has an important role to play in ensuring that credit reporting agencies comply with this requirement and that consumers like myself are protected from unfair treatment. I respectfully request the CFPB to require an update of my credit report to reflect the accurate reporting anticipated out of this complaint. Just like all Americans, I believe that my credit report should only contain accurate and verified information. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation