Consumer complaint received 2023-08-30
Company: EQUIFAX, INC.
State: CA
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:
The account below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. 

Account XXXX XXXX XXXX XXXX  # : XXXX The above listed company LATE PAYMENT that has been reported within my credit report for XX/XX/2023, is inaccurate account information. I have never been late with my payments on this account. It is not clear to me how this late payment could have become merged within my credit file. Perhaps it was the result of a mixed file incident on behalf of the credit reporting agency or the original creditor. Whichever it is, the fact remains this late payment is incorrect payment history information. The following company XXXX XXXX and this credit bureau reporting agency listed is violating my consumer rights through the FCRA. I request a full investigation, and the late payment to be removed from my credit report, especially if proper documentation can not be supplied or proven by the data furnisher. Please provide me documentation showing proof of a transaction showing I was ever late to support your inaccurate reporting on my account. If the credit bureau reporting agency in question can not supply this evidence, please delete this alleged late payment from my credit report per : 16 CFR 444.4 ( a ) In connection with collecting a debt arising out of an extension of credit to a consumer in or affecting commerce, as commerce is defined in the Federal Trade Commission Act, it is an unfair act or practice within the meaning of section 5 of that Act for a creditor, directly or indirectly, to levy or collect any delinquency charge on a payment, which payment is otherwise a full payment for the applicable period and is paid on its due date or within an applicable grace period, when the only delinquency is attributable to late fee ( s ) or delinquency charge ( s ) assessed on earlier installment ( s ).

( b ) For purposes of this section, collecting a debt means any activity other than the use of judicial process that is intended to bring about or does bring about repayment of all or part of a consumer debt. 

-15 USC 1681 SECTION 602, STATES I HAVE THE RIGHTS TO PRIVACY.

-15 USC 1681 SECTION 604A SECTION 2, STATES A CONSUMER REPORTING AGENCY CAN NOT FURNISH AN ACCOUNT WITHOUT Y WRITTEN INSTRUCTIONS.

-15 USC 1666B STATES, A CREDITOR MAY NOT TREAT A PAYMENT ON A CREDIT CARD ACCOUNT UNDER AN OPEN-ENDED CONSUMER CREDIT PLAN AS LATE FOR A PURPOSE - 15 USC 1681c ( a ) ( 5 ) SECTION STATES, NO CONSUMER REPORTING AGENCY MAY MAKE ANY CONSUMER REPORT CONTAINING ANY OF THE FOLLOWING ITEMS OF INFORMATION, ANY OTHER ADVERSE ITEM INFORMATION, OTHER THAN RECORDS OF CONVICTIONS OF CRIMES WHICH ANTEDATES THE REPORT BY MORE THAN SEVEN YEARS.

-15 USC 1681s-2 ( A ) ( 1 ) STATES, A PERSON SHALL NOT FURNISH ANY INFORMATION RELATING TO A CONSUMER TO ANY CONSUMER REPORTING AGENCY, IF THE PERON KNOWS OR HAS REASONABLE CAUSE TO BELIEVE THAT THE INFORMATION IS INACCURATE.

-15 USC 1681 a ( 2 ) ( a ) ( i ) ( 2 ) EXCLUSIONS Except as
provided in paragraph ( 3 ), the term Consumer Report does not include- ( A ) subject to section 1681s-3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report.

Company response to consumer: Closed with non-monetary relief