Consumer complaint received 2022-08-27
Company: EQUIFAX, INC.
State: MI
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 XXXX is reporting a charged-off account as having future monthly payment obligations, which is a violation under the FCRA [ see : Jackson v. Experience Information Systems LLC , No. 18-CV-271, XXXX  WL 179570 ( XXXX. XXXX XXXX XXXX, XXXX ) ]. The charge-off wrongfully occurred because of XXXX own negligence in handling my account, resulting in multiple violations of FCRA, FDCP, ADA, and Regulation Z / TILA. First, XXXX stopped sending me statements in XX/XX/XXXX. They then claimed the account was seriously delinquent and sent it for collection an alleged forty-two ( 42 ) days past-due. Their collection agent notified them I was not receiving statements. A billing investigation was never conducted. A new billing error notice was sent on or around XX/XX/XXXX. I had no ability to log into the XXXX website and at the same time was not receiving paper statements. They hired a second collection agency to collect. That collection agency returned the matter to them " unable to collect '' citing my allegations of FCRA, FDCPA, FCBA, and the ADA. As of today, XXXX own website, continues to list approximately XXXX XXXXy ( XXXX ) dollars out of an approximately alleged XXXX dollars outstanding on the charged-off account, and they continue to report the information to the CRAs as though I have continuing future monthly payment obligations. The outstanding amount due increases by some unknown amount every thirty ( 30 ) days and is then reported to the CRAs. While recovering from XXXX I have repeatedly requested to have access to my statements online. XXXX has repeatedly denied this request, knowing that I have been XXXX due to XXXX -- it was in my prior CFPB complaints. Before charge-off XXXX insisted the denial was because of a " status '' on my account, '' but did not specify. After charge-off, they claimed it was " because the account was charged-off. '' It is quite reasonable for an individual with XXXX  to request an ability to retrieve statements electronically regardless of " status of account. In fact, 12 U.S. Code XXXX XXXX Consumer rights to access information plainly states " The information shall be made available in an electronic form usable by consumers. '' They have not done such. Jackson v Experience made clear that a firm can not provide information to the CRAs that would be misleading if/when another potential creditor reviews my credit file. The advancement of payment delinquency by 30 days past-due, ie { 30, 60, 90 120, ..., N } implies that future monthly payments continue to exist for an allegedly charged-off account. The account appears to have charged-off in retaliation for my prior CFPB complaints that outlined the multiple violations under federal law. Yet XXXX only response has been insistence that what they are doing is " valid '' and lawful. It is not. Unfortunately, the CRAs have been all too eager to trust the invalid and unverifiable data furnished by XXXX. It needs to stop. A copy of my complaint to the US Attorneys Office for my district is attached. It will also be forwarded to Treasury -- OCC, and oversight committees in both the US House and US Senate.

Company response to consumer: Closed with explanation