Consumer complaint received 2023-01-24
Company: EQUIFAX, INC.
State: GA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
Account : XXXX Account Type : Revolving account Bureau Code : Individual account Account Status : Open Monthly Payment : {$310.00} Date Opened : XX/XX/XXXX Balance : {$9400.00} No. of Months ( terms ) : Revolving | Monthly ( due every month ) High Credit : {$10000.00} Credit Limit : {$10000.00} Past Due : - Payment Status : Paid or paying as agreed | Current, was past due 30 days two times Last Reported : XX/XX/XXXX | XX/XX/XXXX Date Last Active : XX/XX/XXXX | XX/XX/XXXX Date of Last Payment : - The account referenced above has multiple inaccuracies and inconsistencies between the three credit bureaus however the most notable of these would be in regards to the payment history that lists two 30 day late payments for XXXXXXXX XXXX XXXXXXXX and XXXXXXXX XXXX XXXXXXXX. I have contacted XXXX  directly about this and on both occasions they suggested that although there were inaccuracies that I would have to dispute them directly with the credit bureaus and that they had no way of changing the information on their respective ends. This is know is false. According to 15 USC Ch. 41 1666 ( b ) Billing error For the purpose of this section, a " billing error '' consists of any of the following : ( 1 ) A reflection on a statement of an extension of credit which was not made to the obligor or, if made, was not in the amount reflected on such statement.

( 2 ) A reflection on a statement of an extension of credit for which the obligor requests additional clarification including documentary evidence thereof.

( 3 ) A reflection on a statement of goods or services not accepted by the obligor or his designee or not delivered to the obligor or his designee in accordance with the agreement made at the time of a transaction.

( 4 ) The creditor 's failure to reflect properly on a statement a payment made by the obligor or a credit issued to the obligor.

( 5 ) A computation error or similar error of an accounting nature of the creditor on a statement.

( 6 ) Failure to transmit the statement required under section 1637 ( b ) of this title to the last address of the obligor which has been disclosed to the creditor, unless that address was furnished less than twenty days before the end of the billing cycle for which the statement is required.

( 7 ) Any other error described in regulations of the Bureau.

Further according to 15 USC Ch. 41 1666a. Regulation of credit reports ( a ) Reports by creditor on obligor 's failure to pay amount regarded as billing error After receiving a notice from an obligor as provided in section 1666 ( a ) of this title, a creditor or his agent may not directly or indirectly threaten to report to any person adversely on the obligor 's credit rating or credit standing because of the obligor 's failure to pay the amount indicated by the obligor under section 1666 ( a ) ( 2 ) of this title, and such amount may not be reported as delinquent to any third party until the creditor has met the requirements of section 1666 of this title and has allowed the obligor the same number of days ( not less than ten ) thereafter to make payment as is provided under the credit agreement with the obligor for the payment of undisputed amounts.

( b ) Reports by creditor on delinquent amounts in dispute ; notification of obligor of parties notified of delinquency If a creditor receives a further written notice from an obligor that an amount is still in dispute within the time allowed for payment under subsection ( a ) of this section, a creditor may not report to any third party that the amount of the obligor is delinquent because the obligor has failed to pay an amount which he has indicated under section 1666 ( a ) ( 2 ) of this title, unless the creditor also reports that the amount is in dispute and, at the same time, notifies the obligor of the name and address of each party to whom the creditor is reporting information concerning the delinquency.

( c ) Reports by creditor of subsequent resolution of delinquent amounts A creditor shall report any subsequent resolution of any delinquencies reported pursuant to subsection ( b ) to the parties to whom such delinquencies were initially reported. 

The reporting of both 30 day late payments are in direct violation to the laws mentioned further according to 15 USC Ch. 41 1681e ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

Lastly According to 15 USC Ch. 41 1681i ( 6 ) ( b ) and 15 USC Ch. 41 1681i ( 6 ) ( c ) : ( b ) Statement of dispute If the reinvestigation does not resolve the dispute, the consumer may file a brief statement setting forth the nature of the dispute. The consumer reporting agency may limit such statements to not more than one hundred words if it provides the consumer with assistance in writing a clear summary of the dispute. 

( c ) Notification of consumer dispute in subsequent consumer reports Whenever a statement of a dispute is filed, unless there is reasonable grounds to believe that it is frivolous or irrelevant, the consumer reporting agency shall, in any subsequent consumer report containing the information in question, clearly note that it is disputed by the consumer and provide either the consumer 's statement or a clear and accurate codification or summary thereof. 

Neither of which appear on XXXX or Equifax reports.

Company response to consumer: Closed with explanation