Consumer complaint received 2022-12-30
Company: EQUIFAX, INC.
State: NC
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
XXXX XXXX XXXX has violated the law and my rights. Financial data has reported junk data to the credit bureaus and it is illegal and deceptive trade practices. 

They are posting this to the credit bureaus : Seriously past due date ( 1 ) assigned to attorney ( 2 ) collection agency ( 3 ) or credit grantor 's internal collection department ( 4 ) This is unlawful and deceptive : 1. Serious past due is already established in the account type and payment summary, this is unfair and unfair is a violation of the fake fair credit reporting act. 

2. It is not assigned to attorney- I have never received any correspondence or XXXX XXXX XXXX has systematically lied and this is deceptive and unfair which is a violation of The fair credit act. 

3. This is deceptive and Unfair as the company itself is not the original creditor and XXXX XXXX XXXX is a bonafide collection debt collector, and procured these debts to collect in the same function any collection agency collections debts procured by the original creditor, they are the collection agency and this is deceptive and unlawful. 

4 This is deceptive and Unfair as the company itself is not the original creditor and XXXX XXXX XXXX is a bonafide collection debt collector, and to furnish data that this is an in house collection department action is unlawful, deceptive, and not fair. These debts were procured from the original debtor for the purpose of collecting these debts in their normal day operations as they perform services as a collection agency for the sole purpose to collecting debts from third parties whom they procure debts. XXXX XXXX XXXX is a separate company that the original creditor and are exclusively in the business for collecting third party debts and this is not a bill that was created or owed to XXXX XXXX XXXX at any time until they procured these two debts to perform the service they were contacted to do and thats collections of aging debts derived from other businesses, to collect in the same function any collection agency collections debts procured by the original creditor, they are the collection agency and this is deceptive and unlawful.

Under section 607 ( b ) of the Fair Credit Reporting Act, consumer reporting companies must follow reasonable procedures to assure maximum possible accuracy of the information they collect and report. The advisory opinion is intended to serve as a reminder to consumer reporting agencies that the failure to maintain reasonable procedures to screen for and eliminate logical inconsistencies, to prevent the inclusion of facially false data in consumer reports, is a violation of [ section 607 ( b ) ].

The opinion states that a consumer reporting agencys policies and procedures should be sufficient to detect tradelines with account statuses or codes that are plainly inconsistent with other information reported for that same account such that, if included in a consumer report, at least XXXX item of information therein would necessarily be inaccurate. The opinion provides the following examples of logically inconsistent account information or statuses : An account whose status is paid in full, and thus has no balance due but nevertheless reflects a balance due ; An account that reflects an XXXX XXXX XXXX that increases over time, an impossibility by definition ; and Derogatory information being reported on an account, although that derogatory information predates an earlier report that did not include the derogatory information. 
The opinion further states that a consumer reporting agencys policies and procedures should further identify and prevent illogical reporting of a Date of First Delinquency in connection with an account and provides examples of an illogical Date of First Delinquency. 

The opinion also addresses the need for a consumer reporting agencys policies and procedures to identify logical inconsistencies in consumer information such that, if included in a consumer report, some of the information therein would necessarily be inaccurate. Such inconsistencies include impossible information about consumers and information about consumer accounts that is plainly inconsistent with other reported information, such that one piece of information must be inaccurate.

The opinion advises that consumer reporting companys policies, procedures and internal controls should further identify and prevent reporting of illegitimate credit transactions for a minor. It states that minors generally can not legally enter into contracts for credit except in limited circumstances, including applications for student loans, for emancipated minors, or as credit card authorized users. The CFPB notes that minors, particularly minors in the foster care system, are more susceptible to identity theft and inaccurate credit history information.

Company response to consumer: Closed with explanation