Consumer complaint received 2023-02-23
Company: EQUIFAX, INC.
State: IL
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: Their investigation did not fix an error on your report

Complaint:
To whom it may concern, I am filing a complaint against Equifax, a credit reporting agency, and XXXX XXXX XXXX XXXX, a debt collector, for violating the Fair Credit Reporting Act ( FCRA ) and the Fair Debt Collection Practices Act ( FDCPA ). My complaint is based on new evidence that I have attached to this complaint. 

The new evidence, which includes a letter from the original creditor, XXXX XXXX XXXX XXXX XXXX, confirms that the alleged debt in question was canceled due to fraud before XXXX XXXX XXXX XXXX collected it. Despite the account having been closed and the balance being canceled due to fraud, Equifax knowingly furnished false information from XXXX XXXX XXXX XXXX, which continued to illegally collect the canceled debt, and continues to report the debt as collected. Equifax, in failing to thoroughly investigate the accuracy of the alleged debt, violated Section 1681s-2 ( a ) ( 1 ) ( A ) of the FCRA. 

Furthermore, Section 1681s-2 ( a ) ( 3 ) of the FCRA requires that furnishers of information must investigate disputes raised by consumers and correct any inaccuracies found. Despite being notified that the account was closed due to fraud, XXXX XXXX XXXX XXXX continued to collect the debt and maliciously harassed me with frequent phone calls, letters, and emails, causing me significant emotional distress and anxiety. XXXX XXXX XXXX XXXX disregarded and violated this provision by continuing to collect the debt even after the dispute had been resolved and the account closed. These violations are further compounded by the provisions of the FDCPA that prohibit debt collectors from making false, deceptive, or misleading representations in connection with the collection of debt ( Section 807 ( 2 ) ( A ) ) and using unfair or unconscionable means to collect a debt ( Section 807 ( 10 ) ). 

I have made multiple attempts to resolve this matter with XXXX XXXX XXXX XXXX and Equifax, including sending written disputes and requesting verification of the debt, but both companies brushed off my complaints with inadequate investigation and failed to provide me with the process they followed while investigating this matter. 

Equifax, in their most recent report mailed to me, is still reporting this inaccuracy, which is a clear violation of my rights and their responsibilities, as per the provisions of the FCRA. Attached to this complaint is a page from this report, which serves as evidence of their violation. Furthermore, the behavior of XXXX XXXX XXXX XXXX was malicious, as they frequently contacted me via phone calls, letters, and emails, which coerced me into payment as a remedy to this harassment. This behavior caused me significant emotional distress and XXXX 

These actions by XXXX XXXX XXXX XXXX and Equifax are in violation of several provisions of the FCRA and the FDCPA. The FCRA requires furnishers of information to have policies and procedures in place to ensure the accuracy of the information provided ( Section 1681s-2 ( a ) ( 1 ) ( A ) ), investigate disputes raised by consumers and correct any inaccuracies found ( Section 1681s-2 ( a ) ( 3 ) ), and specifically, XXXX XXXXXXXX XXXX XXXXXXXX failed in its duty as a furnisher of information to consumer reporting agencies ( Section 1681s-2 ( b ) ( 1 ) ). The FDCPA prohibits debt collectors from making false, deceptive, or misleading representations in connection with the collection of debt ( Section 807 ( 2 ) ( A ) ) and using unfair or unconscionable means to collect a debt ( Section 807 ( 10 ) ). 

Therefore, I am requesting that the CFPB investigate this matter and take appropriate action against XXXX XXXX XXXX XXXX and Equifax XXXXredit reporting agency for their violations. I am also requesting that XXXX XXXX XXXX XXXX and Equifax credit reporting agency be held liable under Section 1681n of the FCRA, which provides for liability for willful noncompliance with the provisions of the Act. This section allows consumers to seek actual damages suffered as a result of the violations, as well as any additional damages allowed by the court or enforcement body. 

In this case, XXXX XXXX XXXX XXXX and Equifax credit reporting agency have willfully violated several provisions of the FCRA, causing me significant financial harm and damage to my credit standing. As a result, I am requesting that they be held liable under Section 1681n for the damages I have suffered. Section 1681n serves as a deterrent to entities that may consider willfully violating the provisions of the FCRA. 

Lastly, I am requesting a better and more competent reinvestigation by Equifax of this matter, citing Section 1681s-2 ( a ) ( 3 ) of the FCRA, which requires furnishers of information to investigate disputes raised by consumers and correct any inaccuracies found based on new evidence. 

Thank you for your prompt attention to this matter. 

Sincerely, XXXX XXXX.

Company response to consumer: Closed with explanation