Consumer complaint received 2021-09-20
Company: EQUIFAX, INC.
State: DE
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: Their investigation did not fix an error on your report

Complaint:
I have disputed the below listed account several times over the course of 1 year and it is still reporting on my credit reports despite obviously being reported inaccurately. I have attached a screen shot of how the account appears on my consumer reports. 

The account type, date opened, term, date last reported are all being reported inaccurately. There are clear differences in reporting between Equifax XXXX XXXX. In addition, this account is a charge-off reporting a balance which is an FCRA violation within itself. The law is very clear, Furnishers of information have a duty to report accurate information 15 USC 1681s -- 2 ( a ). XXXX  is in violation of 15 USC 1681s -- 2 ( A ) and 15 USC 1681s -- 2 ( B ) as they are reporting inaccurate information and have been notified that they are reporting inaccurate information several times but they continue to report this information knowing it is inaccurate. ( SEE THE LAW BELOW ) This account not only needs to be deleted from my consumer report immediately but MoneyLion should be held liable for damages relating to willful non compliance under 15 USC 1681n.

15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 

( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. 

Both XXXX and Equifax should also be held liable for willful noncompliance for continuing to report this inaccurate information furnished by XXXX despite being shown clear evidence of its inaccuracy several times over the course of 12 months. XXXX and Equifax have clearly violated my federally protected consumer rights under 15 USC 1681i ( 5 ). THE LAW IS VERY CLEAR, THIS INACCURATELY REPORTING ACCOUNT NEEDS TO BE REMOVED FROM ALL CONSUMER REPORTS IMMEDIATELY AND XXXX, EQUIFAX AND XXXX, XXXX SHOULD BE ORDERED TO PAY XXXX  BASED ON THE LAWS PREVIOUSLY STATED. 

15 U.S. Code 1681i - Procedure in case of disputed accuracy ( 5 ) Treatment of inaccurate or unverifiable information ( A ) In general If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation ; 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails 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 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater.

Company response to consumer: Closed with explanation