Consumer complaint received 2023-06-22
Company: EQUIFAX, INC.
State: MA
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:
XXXX Mortgage reported my mortgage past due during the Pandemic. 
in XXXX from XXXX - XXXX and in XXXX in XXXX - XXXX. 

Per the following law - 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. 
( C ) No address requirement A person who clearly and conspicuously specifies to the consumer an address for notices referred to in subparagraph ( B ) shall not be subject to subparagraph ( A ) ; however, nothing in subparagraph ( B ) shall require a person to specify such an address. 

( D ) Definition For purposes of subparagraph ( A ), the term reasonable cause to believe that the information is inaccurate means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information. 

( E ) Rehabilitation of private education loans ( i ) In general Notwithstanding any other provision of this section, a consumer may request a financial institution to remove from a consumer report a reported default regarding a private education loan, and such information shall not be considered inaccurate, if ( I ) the financial institution chooses to offer a loan rehabilitation program which includes, without limitation, a requirement of the consumer to make consecutive on-time monthly payments in a number that demonstrates, in the assessment of the financial institution offering the loan rehabilitation program, a renewed ability and willingness to repay the loan ; and ( II ) the requirements of the loan rehabilitation program described in subclause ( I ) are successfully met. 
( ii ) Banking agencies ( I ) In general If a financial institution is supervised by a Federal banking agency, the financial institution shall seek written approval concerning the terms and conditions of the loan rehabilitation program described in clause ( i ) from the appropriate Federal banking agency.

( II ) Feedback An appropriate Federal banking agency shall provide feedback to a financial institution within 120 days of a request for approval under subclause ( I ).

( iii ) Limitation ( I ) In general A consumer may obtain the benefits available under this subsection with respect to rehabilitating a loan only 1 time per loan.

( II ) Rule of construction Nothing in this subparagraph may be construed to require a financial institution to offer a loan rehabilitation program or to remove any reported default from a consumer report as a consideration of a loan rehabilitation program, except as described in clause ( i ). 

( iv ) Definitions For purposes of this subparagraph ( I ) the term appropriate Federal banking agency has the meaning given the term in section 1813 of title 12 ; and ( II ) the term private education loan has the meaning given the term in section 1650 ( a ) of this title.

( F ) Reporting information during COVID19 pandemic ( i ) Definitions In this subsection : ( I ) Accommodation The term accommodation includes an agreement to defer XXXX or more payments, make a partial payment, forbear any delinquent amounts, modify a loan or contract, or any other assistance or relief granted to a consumer who is affected by the coronavirus XXXX XXXX ( XXXX ) pandemic during the covered period. 

( XXXX ) Covered period The term covered period means the period beginning on XX/XX/XXXX and ending on the later of ( aa ) 120 days after XX/XX/XXXX ; or ( XXXX ) 120 days after the date on which the national emergency concerning the novel coronavirus XXXX ( XXXX ) outbreak declared by the President on XX/XX/XXXX under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) terminates.

( ii ) Reporting Except as provided in clause ( iii ), if a furnisher makes an accommodation with respect to 1 or more payments on a credit obligation or account of a consumer, and the consumer makes the payments or is not required to make 1 or more payments pursuant to the accommodation, the furnisher shall ( I ) report the credit obligation or account as current; or ( II ) if the credit obligation or account was delinquent before the accommodation ( aa ) maintain the delinquent status during the period in which the accommodation is in effect; and ( bb ) if the consumer brings the credit obligation or account current during the period described in item ( aa ), report the credit obligation or account as current.

Company response to consumer: Closed with non-monetary relief