Consumer complaint received 2023-04-07
Company: EQUIFAX, INC.
State: CA
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: Investigation took more than 30 days

Complaint:
Hello, I am writing to file a formal dispute regarding the actions of XXXX XXXX  in relation to my account with them. My account number is XXXX. 

According to XXXX, my payment status with XXXX XXXX is a charge off account. However, I never received any notification from XXXX XXXX regarding this charge off account. Additionally, they never provided any paperwork with me regarding this matter. 

I believe that XXXX XXXX violated the Fair Credit Reporting Act ( FCRA ), specifically Section 623 ( a ) ( 7 ) of the FCRA, which requires creditors to provide written notification to consumers when their account is charged off. Subsection ( a ) ( 7 ) of Section 623 states that " a person who furnishes information to a consumer reporting agency shall ... notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action, chargeoff, or assignment ... and, if the furnished information relates to a delinquent account placed for collection, charged to profit or loss, or subjected to any similar action, the person furnishing the information shall ... notify the consumer ... that the consumer 's delinquent account was placed for collection, charged to profit or loss, or subjected to any similar action. '' XXXX XXXX XXXX failure to provide me with written notification of the charge off status of my account is a clear violation of this subsection of the FCRA. This has greatly impacted my life as the inaccurate negative information on my credit report has made it difficult for me to secure loans or credit cards, which I need to improve my financial situation. 

XXXX XXXX XXXX XXXX regarding my account with them. According to XXXX and Equifax, my payment status is a charge off account, but I have never received any notification from XXXX XXXX XXXX regarding this charge off account, nor have they provided me with any paperwork. 

Furthermore, there are discrepancies in the reported dates of last activity, date reported, and last payment date between XXXX and Equifax. XXXX reported the last activity date as XX/XX/XXXX, while Equifax reported it as XX/XX/XXXX. XXXX also reported the date reported as XX/XX/XXXX, while Equifax reported it as XX/XX/XXXX. Lastly, XXXX reported the last payment date as XX/XX/XXXX, while Equifax reported it as XX/XX/XXXX. 

These discrepancies in reported dates may be a violation of the Fair and Accurate Credit Transactions Act ( FACTA ), which requires consumer reporting agencies to ensure the accuracy of the information they report. 

Moreover, XXXX XXXX XXXX XXXX failure to provide me with written notification of the charge off status of my account violates Section 623 ( a ) ( 7 ) of the Fair Credit Reporting Act ( FCRA ). I believe that this violation needs to be addressed, and I request that the CFPB enforce legal action against XXXX XXXX XXXX for not complying with the FCRA. 

XXXX XXXX XXXX According to all three credit bureaus, I was reported as 30 days late on my account in XX/XX/XXXX and my payment status was charged off, but I have never missed any payments on this account. Furthermore, I have not received any notification or paperwork regarding this charge off account. 

This inaccurate reporting by XXXX XXXX has caused significant negative impact on my life. I have been denied loans, credit cards, and other financial opportunities due to this misinformation. It has caused me immense stress and frustration to know that my credit score is being affected by an error that is not of my doing. 

I believe XXXX XXXX has violated several laws including Section 623 ( a ) ( 2 ) and Section 623 ( a ) ( 7 ) of the Fair Credit Reporting Act ( FCRA ). The FCRA requires creditors to report accurate and complete information to consumer reporting agencies and to provide written notification to consumers when their account is charged off. XXXX XXXX has failed to meet both these requirements. 

XXXX XXXX According to XXXX, the Last Verified date for the account is XX/XX/XXXX, but XXXX and Equifax have not reported this information. Additionally, there are discrepancies in the reported dates of last activity, date reported, and last payment date between the three bureaus. 

Furthermore, according to XXXX, I was 30 days late on XX/XX/XXXX, but I did not miss any payments on this account. All three bureaus also report the payment status as 30 Days Late. However, I have never received any notification from XXXX regarding this late payment, nor have they provided any paperwork to support it. 

XXXX XXXX and XXXX. According to my credit report, the account number XXXX with XXXX XXXX is listed as a charge off by XXXX, but I never received any written notification of this charge off status. Furthermore, the other two credit reporting agencies did not report any negative information regarding this account. 

I believe this to be a violation of Section 623 ( a ) ( 7 ) of the Fair Credit Reporting Act ( FCRA ), which requires creditors to provide written notification to consumers when their account is charged off. XXXX XXXX 's failure to provide me with written notification of the charge off status of my account violates this subsection. 

XXXX XXXX, with account number XXXX, has been reporting a charge off status on my account without providing me with written notification of such status, which violates Section 623 ( a ) ( 7 ) of the Fair Credit Reporting Act ( FCRA ). This has caused significant harm to my credit score and my ability to obtain credit in the future. 

XXXX XXXX with account number XXXX, has also been reporting a charge off status on my account without providing me with written notification of such status. This violates Section 623 ( a ) ( 7 ) of the FCRA as well as potentially Section 623 ( a ) ( 2 ) of the FCRA, which requires accurate and complete reporting of information to consumer reporting agencies. 

Department of EducationXXXX XXXX According to XXXX and Equifax bureaus, I was 90 days late on five occasions, but I have not missed any payments on this account. Furthermore, there are discrepancies in the last payment date and the date reported between the two credit bureaus.

This inaccurate reporting has had a significant impact on my life. As a recent college graduate, I am trying to establish myself and build a good credit history. However, these false reports are preventing me from achieving my goals. I have been denied credit and financing opportunities due to this incorrect information on my credit report, and it is causing me a great deal of stress and anxiety. 

Based on the information provided, there may be a violation of Section 623 ( a ) ( 2 ) and Section 623 ( a ) ( 5 ) of the Fair Credit Reporting Act ( FCRA ). XXXX and Equifax 's inaccurate reporting without proper verification of the information may violate these subsections. Additionally, the credit reporting agencies ' failure to provide accurate information in my credit file may also be a violation of Section 623 ( a ) ( 5 ) of the FCRA.

I request that you enforce the legal requirements on the Department of Education/XXXX  to ensure the accurate reporting of my payment history. Furthermore, I urge you to investigate and remove these unverified accounts from my credit report as soon as possible. 

Thank you for your time and attention to this matter. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation