Consumer complaint received 2023-03-12
Company: EQUIFAX, INC.
State: CO
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account status incorrect

Complaint:
In accordance with the Fair Credit Reporting Act, the listed account below has violated my federally protected consumer rights to privacy, confidentiality and accuracy under 15 U.S.C. 1681. 

XXXX account number : XXXX XXXX of 2020, XXXX reported an inaccurate 30 days late payment notice to XXXX, Equifax, and XXXX consumer credit bureaus. This late payment was disputed by the borrower and XXXX deemed this late pay to be inaccurate, and removed this report from all three credit consumer bureaus. They did not remove this late payment report from the co-borrower consumer credit report which was also reported to XXXX, Equifax, and XXXX consumer credit bureaus. XXXX disputed this report directly to XXXX and was verbally promised the error would be corrected. When it was not removed from XXXX, XXXX, or Equifax consumer credit bureaus, consumer opened disputes with each consumer credit bureau through their procedural channels. XXXX confirmed the late pay and a note of consumer disagreement was added to the consumer credit report of each consumer credit bureau, and was removed as promised by XXXX, and as had been removed for XXXX. 

Therefore, XXXX has violated the federally protected consumer rights as stated in : 611. Procedure in case of disputed accuracy [ 15 U.S.C. 1681i ] ( a ) Reinvestigations of Disputed Information ( 1 ) Reinvestigation Required ( A ) In general. Subject to subsection ( f ), and except as provided in subsection ( g ) if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the 58 disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. 
( B ) Extension of period to reinvestigate. Except as provided in subparagraph ( c ), the 30-day period described in subparagraph ( A ) may be extended for not more than 15 additional days if the consumer reporting agency receives information from the consumer during that 30-day period that is relevant to the reinvestigation.

( C ) Limitations on extension of period to reinvestigate. Subparagraph ( B ) shall not apply to any reinvestigation in which, during the 30-day period described in subparagraph ( A ), the information that is the subject of the reinvestigation is found to be inaccurate or incomplete or the consumer reporting agency determines that the information can not be verified.

( 2 ) Prompt Notice of Dispute to Furnisher of Information ( A ) In general. Before the expiration of the 5-business-day period beginning on the date on which a consumer reporting agency receives notice of a dispute from any consumer or a reseller in accordance with paragraph ( 1 ), the agency shall provide notification of the dispute to any person who provided any item of information in dispute, at the address and in the manner established with the person. The notice shall include all relevant information regarding the dispute that the agency has received from the consumer or reseller.

( B ) Provision of other information. The consumer reporting agency shall promptly provide to the person who provided the information in dispute all relevant information regarding the dispute that is received by the agency from the consumer or the reseller after the period referred to in subparagraph ( A ) and before the end of the period referred to in paragraph ( 1 ) ( A ).

( 3 ) Determination That Dispute Is Frivolous or Irrelevant ( A ) In general. Notwithstanding paragraph ( 1 ), a consumer reporting agency may terminate a reinvestigation of information disputed by a consumer under that paragraph if the agency reasonably deter- mines that the dispute by the consumer is frivolous or irrelevant, including by reason of a failure by a consumer to provide sufficient information to investigate the disputed information.

59 611 - 15 U.S.C. 1681i 611 - 15 U.S.C. 1681i ( B ) Notice of determination. Upon making any determination in accordance with subparagraph ( A ) that a dispute is frivolous or irrelevant, a consumer reporting agency shall notify the consumer of such determination not later than 5 business days after making such determination, by mail or, if authorized by the consumer for that purpose, by any other means available to the agency.

( C ) Contents of notice. A notice under subparagraph ( B ) shall include ( i ) the reasons for the determination under subparagraph ( A ) ; and ( ii ) identification of any information required to investigate the disputed information, which may consist of a standard- ized form describing the general nature of such informa- tion.

( 4 ) Consideration of consumer information. In conducting any reinvestigation under paragraph ( 1 ) with respect to disputed information in the file of any consumer, the consumer reporting agency shall review and consider all relevant information submitted by the consumer in the period described in paragraph ( 1 ) ( A ) with respect to such disputed information.

( 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; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer.

( B ) Requirements Relating to Reinsertion of Previously Deleted Material ( i ) Certification of accuracy of information. If any information is deleted from a consumers file pursuant to subparagraph ( A ), the information may not be reinserted in the file by the consumer reporting agency unless the 60 person who furnishes the information certifies that the information is complete and accurate.

( ii ) Notice to consumer. If any information that has been de- leted from a consumers file pursuant to subparagraph ( A ) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency.

( iii ) Additional information. As part of, or in addition to, the notice under clause ( ii ), a consumer reporting agency shall provide to a consumer in writing not later than 5 business days after the date of the reinsertion ( I ) a statement that the disputed information has been reinserted ; ( II ) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information ; and ( III ) a notice that the consumer has the right to add a statement to the consumers file disputing the accuracy or completeness of the disputed information.

( C ) Procedures to prevent reappearance. A consumer reporting agency shall maintain reasonable procedures designed to prevent the reappearance in a consumers file, and in consumer reports on the consumer, of information that is deleted pursuant to this paragraph ( other than information that is reinserted in accordance with subparagraph ( B ) ( i ) ).

( D ) Automated reinvestigation system. Any consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall implement an automated system through which furnishers of information to that consumer reporting agency may report the results of a reinvestigation that finds incomplete or inaccurate information in a consumers file to other such consumer reporting agencies.

( 6 ) Notice of Results of Reinvestigation 61 611 - 15 U.S.C. 1681i 611 - 15 U.S.C. 1681i ( A ) In general. A consumer reporting agency shall provide written notice to a consumer of the results of a reinvestigation under this subsection not later than 5 business days after the comple- tion of the reinvestigation, by mail or, if authorized by the con- sumer for that purpose, by other means available to the agency.

( B ) Contents. As part of, or in addition to, the notice under subparagraph ( A ), a consumer reporting agency shall provide to a consumer in writing before the expiration of the 5-day period referred to in subparagraph ( A ) ( i ) a statement that the reinvestigation is completed ; ( ii ) a consumer report that is based upon the consumers file as that file is revised as a result of the reinvestigation ; ( iii ) a notice that, if requested by the consumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to the consumer by the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher, if reasonably available ; ( iv ) a notice that the consumer has the right to add a statement to the consumers file disputing the accuracy or complete- ness of the information; and ( v ) a notice that the consumer has the right to request under subsection ( d ) that the consumer reporting agency furnish notifications under that subsection.

( 7 ) Description of reinvestigation procedure. A consumer reporting agency shall provide to a consumer a description referred to in paragraph ( 6 ) ( B ) ( iii ) by not later than 15 days after receiving a request from the consumer for that description.

( 8 ) Expedited dispute resolution. If a dispute regarding an item of information in a consumers file at a consumer reporting agency is resolved in accordance with paragraph ( 5 ) ( A ) by the deletion of the disputed information by not later than 3 business days after the date on which the agency receives notice of the dispute from the consumer in accordance with paragraph ( 1 ) ( A ), then the agency shall not be required to comply with paragraphs ( 2 ), ( 6 ), and ( 7 ) with respect to that dispute if the agency ( A ) provides prompt notice of the deletion to the consumer by telephone ; 62 ( B ) includes in that notice, or in a written notice that accompanies a confirmation and consumer report provided in accordance with subparagraph ( C ), a statement of the consumers right to request under subsection ( d ) that the agency furnish notifications under that subsection ; and ( C ) provides written confirmation of the deletion and a copy of a consumer report on the consumer that is based on the consumers file after the deletion, not later than 5 business days after making the deletion.

Company response to consumer: Closed with explanation