Consumer complaint received 2023-01-20
Company: EQUIFAX, INC.
State: NY
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Investigation took more than 30 days

Complaint:
The account on my consumer report with XXXX XXXX ( account number XXXX ) is being reported inaccurately by the consumer reporting agencies/ credit bureaus, ( XXXX XXXX Equifax and XXXX ). The dates are from XX/XX/XXXX to XX/XX/XXXX which are all inaccurate. I have called the original creditor and they can not verify the dates because it has been past two years. The late payment history can not be verified by the original creditor nor the consumer reporting agencies and it is inaccurate on all three of my consumer reports. I have been putting them on notice about the situation since XX/XX/XXXX till present. Congress states that it is the duty of the consumer reporting agencies to do a proper reinvestigation and correct any errors if the consumer reports to them that the data is inaccurate. They have not done a proper reinvestigation and it has been past 30 days ; its been 11 months and they are in violation of the FCRA. 

I sent letters out in XX/XX/XXXX till date to XXXX, XXXX, and Equifax. Here is my tracking numbers : Equifax XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX. However the credit bureaus said they have completed the reinvestigation and told me that everything was 100 % accurate. 

According to the law 15 U.S. Code $ 1681a ( e ) - Definitions ; rules of construction.

The term " investigative consumer report '' means a consumer report or portion thereof in which information on a consumer 's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumer 's credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. 

I would like to know who did they talk to, and How did they complete this investigation I want the CFPB to publish this description on consumerfinance.gov so that others can learn. 

15 U.S. Code 1681e- compliance procedures ( a ) 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. 

The reporting of the inaccurate late payment data on my consumer report for my account with XXXX XXXX by the consumer reporting agencies is causing me financial harm and mental stress. This does not make any sense. The payments are also reporting 30 days, then the next month 30 days then the next month 30 days instead of proper sequence which would be 30, 60 then 90 which is looking like its multiple late payments. THIS IS ILLEGAL AND UNFAIR PRACTICE. The dates can not be verified and since it can not be verified I have requested for the late payments to be deleted immediately.

Pursuant to 15 U.S. Code 1681i Procedure in case of disputed accuracy- ( 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 ( XXXX ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer. 

This is against the law to willingly know of existing errors on a consumer report and to not reinvestigate. I am tired of reporting unfair practices to the companies that regulate the consumer reporting agencies and nothing is being done about it. THEY ARE CLEARLY IN WILLFUL NONCOMPLIANCE 15 U.S. Code 1681n Civil liability for willful noncompliance- a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or The consumer reporting agencies have been put on notice since XX/XX/XXXX and they are constantly just changing dates without reinvestigating. I have all my letters and all my reports from the consumer reporting agencies and I am taking this matter to the fullest extent possible. 

15 U.S. Code 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies- Duty of furnishers of information to provide accurate information ( a ) ( 1 ) ( B ) ( ii ) ( a ) ( 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.

These are the following violations 15 U.S. Code 1681e- ( a ) They did not follow reasonable procedures 15 U.S. Code 1681i- ( 5 ) ( A ) ( i ) ( ii ) The inaccurate item was not deleted after reinvestigation and it has past 30 days 15 U.S. Code 1681n- ( a ) ( 1 ) ( A ) They are in willful noncompliance 15 U.S. Code 1681s-2- ( a ) ( 1 ) ( B ) ( ii ) ( a ) It is still being reported with actual knowledge of errors

Company response to consumer: Closed with explanation