Consumer complaint received 2023-04-15
Company: EQUIFAX, INC.
State: GA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
To Whom It May Concern, This formal dispute letter serves your company in connection with violations of the Fair Credit Reporting Act, 15 U.S.C. 1681, et seq. ( hereafter FCRA ), which prohibits Consumer Reporting Agencies ( CRA ) from engaging in deceptive and unfair practices. 

My Equifax credit report is showing XXXX XXXX  ACCOUNT # XXXX account status as UNAVAILABLE however this information is incorrect. The above referenced account was discharged through bankruptcy XXXX XXXX  however this information is not reflecting on my Equifax credit report. I have tried several times to dispute this information with Equifax and they have advised that this information was verified with the data furnisher XXXXXXXX XXXX  According to the FCRA, your company is violating several of my consumer rights. See List Below. 

15 U.S.C 1681 - Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy.

15 U.S.C 1681b - Permissible purposes of consumer reports ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates.

15 U.S.C 1681e Compliance Procedures ( b ) Accuracy of report. Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

( e ) Procurement of Consumer Report for Resale ( 1 ) Disclosure. A person may not procure a consumer report for purposes of reselling the report ( or any information in the report ) unless the person discloses to the consumer reporting agency that originally furnishes the report ( A ) the identity of the end-user of the report ( or information ) ; and ( B ) each permissible purpose under section 604 [ 1681b ] for which the report is furnished to the end-user of the report ( or information ).

15 U.S.C 1681o - Civil liability for negligent noncompliance ( a ) In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of- ( 1 ) any actual damages sustained by the consumer as a result of the failure; and ( 2 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney 's fees as determined by the court.

The FCRA states that I have a right to an accurate consumer/credit report. I demand that you delete this account from my consumer/credit report immediately as it is not reporting accurately.

Be advised, your actions give rise to a viable claim for federal action for violations of the FCRA. As such, I advise that you comply with my demands and avoid litigation against your company.

Failure to comply with the aforementioned demand within thirty ( 30 ) days from the date of this letter will result in a lawsuit being filed against you. I have consulted with the attorney regarding my available options and avenues of redress, and he is prepared to take swift action in this matter.

Please note that this letter constitutes a notice of intent to sue and any and all documents, including electronically stored communications, relating to me and any potential claims I may have, should be preserved to every extent possible.

Company response to consumer: Closed with explanation