Consumer complaint received 2023-10-15
Company: EQUIFAX, INC.
State: CA
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
I am writing to dispute the late payments that have been reported on my credit report regarding XXXXXXXX XXXX  XXXX account, Account # XXXX and XXXX XXXX  account XXXX Account # XXXX, appearing on my credit report. I am invoking my rights under the Fair Credit Reporting Act ( 15 USC 1681 ), specifically drawing your attention to several key provisions : 1. **15 USC 1666b : ** This statute stipulates that a creditor can not treat a payment as late unless they have mailed or delivered a periodic statement containing information regarding 15 USC 1637b, at least 21 days before the payment due date. I would like to assert that I have never received such information within the specified timeframe. Therefore, I challenge the late payment reports based on this requirement.

2. **15 USC 1681a : ( 2 ) ( a ) ( i ) ** The reporting of late payments in my credit report is a violation of Consumer Law 15 USC 1681a ( 2 ) ( a ) ( i ) due to the specific provisions of this legal framework. Consumer Law, as outlined in 15 USC 1681a ( 2 ) ( a ) ( i ), states that a " consumer report '' does not include information solely concerning transactions or experiences between the consumer and the entity making the report. When a creditor reports a payment as late, they are essentially documenting the interaction and transaction between the consumer and themselves. This transaction history forms the core of the payment history, and as such, it should fall under the exclusion provided by the law. This means that unless there are other conditions present, the reporting of late payments should be treated as a violation of the legal exclusion, as it directly pertains to the consumer 's experiences and transactions, which should not typically be included in consumer reports. It is crucial to ensure the accurate and lawful reporting of such information to maintain the integrity of credit reporting systems.

3. **15 USC 1681f ( b ) - Accuracy of Consumer Report : ** In accordance with this statute outlined in 15 U.S.C. 1681f ( b ) of the Fair Credit Reporting Act ( FCRA ), I question the accuracy of the reported late payments on my credit report. As the credit reporting agency is the source of this information, it falls upon them to provide substantiated evidence of compliance with USC 1637b. I am formally requesting proof that they mailed me a periodic statement containing information on USC 1637b, specifically 21 days before my payment due date, as I have not received such documentation. Additionally, I am seeking the tracking number of the certified mail they claim to have sent and a copy of the notice that includes all pertinent information on USC 1637b. This documentation is essential to ensure the accuracy and relevance of the information in line with their responsibilities under the FCRA.

I kindly request that Equifax investigates these discrepancies thoroughly and provides me with a written response, including any supporting documents and evidence, within the 30-day period as stipulated by the Fair Credit Reporting Act. I also request that Equifax corrects my credit report promptly if it is determined that the late payments were inaccurately reported.

Company response to consumer: Closed with explanation