Consumer complaint received 2020-06-02
Company: EQUIFAX, INC.
State: LA
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:
To Whom it may concern : Please update the subject credit file to reflect the courts status of the debt as indicated Discharged in Chapter XXXX Bankruptcy. The Fair Credit Reporting Act and the Regulations implemented by the Federal Trade Commission under the Act requires you to report a due or open balance of " {$0.00} '' on all accounts in collection with you that are included in my bankruptcy case ( Case # XXXX ). Continued reporting of a due balance is the creditor grantors attempt to collect on this debt. Reporting of a balance other than zero shows my open credit being exceeded due to a balance being reported. 

The inaccurate reporting of this balance is causing me distress. This has put me under duress, I am left with no other option of relief to either pay the balance due or file suit. My intent will be to file suit against all parties in the parish of XXXX XXXX, Louisiana if this issue is not rectified. All attempts have failed in working with your company, XXXX, XXXX, and Equifax to correct the inaccurate reporting of information. Paying the balance open is against the bankruptcy courts order and relief granted under 11 U.S.C. 524. 

To the extent that any of the discharged debt is reporting other than a XXXX  balance, please consider this letter as my final dispute under the Fair Credit Reporting Act and your companies notice of negligence to the law and relief granted by the court. Consequently, I am requesting you to immediately report a XXXX  balance and update Equifax, XXXX, and XXXX  file with accurate information. The Federal Trade Commission has been clear regarding how a furnisher must report information relating to the balance due post-bankruptcy. The Federal Trade Commission Official Staff Commentary to FCRA section 607, item 6 states the following : Content of Report : A consumer report need not be tailored to the users needs. It may contain any information that is complete, accurate, and not obsolete on the consumer who is the subject of the report. A consumer report may include an account that was discharged in bankruptcy ( as well as the bankruptcy itself ), as long as it reports a XXXX  balance due to reflect the fact that the consumer is no longer liable for the debt. 

The Federal Trade Commissions guidance remains the last word on this issue from the regulatory side and courts still regularly rely on it. See XXXX v. XXXX XXXX XXXX, XXXX, No. XXXX, 2015 WL XXXX ( N.D.Ind. XX/XX/2015 ). 
Page 1 of 2 Pursuant to the Fair Credit Reporting Act you are required to investigate this complaint and promptly notify me of the results of your investigation. I request that you conduct an official review of the information to all credit reporting bureaus. If for any reason you decline to conduct that review and make the necessary changes, I request that you promptly advise me so that I can take additional steps necessary to protect myself. Thank you for your prompt assistance with this matter. 




___________________________________ Signed XXXX XXXX XXXX XXXX File : XXXX XXXX XXXX XXXX Re./ Regions CC : XXXX  XXXX  Equifax

Company response to consumer: Closed with explanation