Consumer complaint received 2023-07-03
Company: EQUIFAX, INC.
State: TX
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:
****CFPB, Please take note of the response and lack of documentation of procedures followed in the investigation of this dispute. The employees of Equifax consistently fail to due a proper investigation. They do not ask any specific questions to the creditors they just accept any automated response from eOSCAR as proof or verification. They do not provide documentation that proves anything nor do they reference any calls made to the creditor. They are failing to comply with FCRA consumer guarantee of maximum accuracy. They are keep accepting responses from the creditors their customer instead of following the law that protects consumers from abuse, inaccurate and unfair reporting. **** The following accounts are inaccurately reporting as late payments : XXXX XXXX XXXX : ( XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) 15 U.S. Code 1666b - Timing of payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. 

The creditors have not sent me any notification and I have never received any communication from them in certified mail. So it is impossible for them to prove this. They are not in compliance, this alone requires you the Credit Agency worker to delete this late payment record as its it inaccurate and should not be on my report. 

https : XXXX 15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report https : XXXX This law states that you can not report on transaction experiences such as late payments! 

All these creditors I am listing are clearly in violation of this law. CRAs are required to comply with this law and delete these late payments as they are inaccurate. The Credit Agencies nor the Creditors are above the FCRA and its guaranteed protections to consumers. 

All of these late payments must be deleted immediately. You the Credit Agency need to comply. These creditors have issues with their payment systems, info systems, they dont send notifications, etc. Its clear that what they are telling you is inaccurate. 

Equifax keeps sending me letters saying they have verified these accounts! Stop this loop! FCRA says you must delete. If you refuse, just know that this dispute case number will be cited by the Consumer Law Attorney that I use to press for violation fines! 

Thanks you for you attention to this matter.

Company response to consumer: Closed with explanation