Consumer complaint received 2023-09-16
Company: EQUIFAX, INC.
State: NY
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
I have received a copy of my consumer reports and I notice you have furnished transactions on my consumer report that is excluded by law as per the FCRA 15 USC 1681a 2Ai.

( 2 ) Exclusions. Except as provided in paragraph ( 3 ), the term consumer report does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; A consumers transactions are excluded from the consumer reports. FICO and or any other Risk score or algorithm that you use to calculate a consumers credit score is not a factor where the consumer report is concerned! Definition of what the consumer report means.

consumer report ( 1 ) 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.

FICO or none of its factors are not defined or included in the definition of the consumer report! Therefore the reporting of transactions between the consumer ( ME ) and the Person ( Santander ) is a violation of 15 USC 1681a the definition of the consumer report does not include XXXX or XXXX which makes their factors or algorithm not a factor where the consumer report is concerned. 

You have furnished transaction information on the following accounts. 

1 ) SXXXX- ( Account XXXX XXXX ) XXXX has inserted late payments in my consumer report, all payments were made on time, all payments were exact, and all payments were made on their respective due date. 
On XX/XX/XXXX, the Consumer Financial Protection Bureau XXXX XXXX ) issued a XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ). XXXX, a subsidiary of XXXX XXXX XXXX, is a leading originator and servicer of nonprime auto loans and leases. XXXX furnishes credit information on the auto loans it services by sending monthly data files to consumer reporting agencies ( CRAs ). The XXXX found that between XX/XX/XXXX and XX/XX/XXXX XXXX violated the Fair Credit Reporting Act ( FCRA ) and Regulation V by furnishing consumer loan information to XXXX that it knew or reasonably should have known was inaccurate ; failing to promptly update and correct information it furnished that it later determined was incomplete. These violations of the FCRA and Regulation V constituted violations of the Consumer Financial Protection Act of XXXX and could have negatively impacted consumers credit scores and access to credit in many instances. 

My account with XXXX was never late! This was clearly a billing error. This act is shameful, it has caused severe hard to my reputation, my character, my mode of living and to my family! I need the following late payments to be updated to paid as agreed, Never Late ( PAANL ) : 1 ) XXXX ( Account Number XXXX ) - XX/XX/XXXX, XX/XX/XXXX Your truly XXXX XXXX Enclosed : Copy of ID and Utility Bill

Company response to consumer: Closed with non-monetary relief