Consumer complaint received 2023-12-06
Company: EQUIFAX, INC.
State: NV
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:
DO NOT SEND ME ANOTHER STALL LETTER REQUESTING MY IDENTIFICATION WHEN YOU ARE PROVIDED MY PROOF OF IDENTITY VIA UPLOAD ON THE CFPB WEBSITE I have consistently highlighted the inaccuracies in your reporting, which contradict the information provided by other reporting agencies. Congress emphasizes the critical need for uniformity across all three credit reporting agencies, ensuring fairness, impartiality, and respect for consumer privacy under 15 U.S. Code 1681. However, the information on my consumer report fails to reflect these standards. 
Your mechanisms, such as E-Oscar, seem to assess my creditworthiness through automated means rather than considering individual nuances, which Congress explicitly criticizes. Despite my notifications and attempts to address concerns, the inaccuracies persist, resulting in repeated credit denials. 
As per 15 U.S. Code 1666b, the reporting of information solely based on transactions or experiences between the consumer and the reporting entity is illegal. This highlights a crucial breach in your reporting methods. Moreover, Ive provided you with documentation I received from the U.S. bankruptcy courts stating that they do NOT provide any information to credit reporting agencies, nor do they ever validate and/or confirm public records. Ive also provided you with correspondence from your colleges CRA that validate you are not reporting the same information. It is the credit reporting agencies, and/or third-party providers who collect information regarding public cases. Public records information is NEVER validated by the recorder of Deeds nor the U.S Court system due to the Fair Credit Reporting Agency PRIVACY LAW. ( b ) Accuracy of report Congress says 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 to whom the report relates. 
By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title. 
Furthermore, your practices violate the Fair Credit Reporting Act ( FCRA ), specifically under 15 U.S. Code 1681b and 1681c, which mandate explicit consumer consent for reporting and accuracy in consumer reports. Your inclusion of derogatory marks and student loan information, protected under the Family Educational Rights and Privacy Act ( FERPA ), further compounds these violations.

Additionally, the reporting of late payments without transactional evidence, as required by 15 U.S. Code 1666b ( a ), raises doubts about the accuracy of these entries. The absence of documented transactions contradicts the reported late payments, indicating a severe discrepancy in your reporting practices.

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 This flagrant disregard for the law is unacceptable. According to 15 U.S. Code 1681n, willful noncompliance with the FCRA results in significant civil liabilities. Willful violations can entail compensation of at least {$1000.00} per violation, in addition to any damages incurred due to noncompliance with the law. Continued violations after the initial complaint clearly demonstrate awareness of wrongdoing and disregard for consumer rights. Furthermore, under 15 U.S. Code 1681o, negligent noncompliance also leads to liabilities for any damages resulting from the failure to comply. I implore you to promptly rectify these inaccuracies in my consumer report, failing which, legal action will be pursued to ensure compliance with the FCRA and to obtain justice and compensation as entitled under these laws.

Company response to consumer: In progress