Consumer complaint received 2018-08-03
Company: EQUIFAX, INC.
State: CA
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:
I am writing to advise of an ongoing discrepancy on my Equifax credit bureau report caused by their reporting of duplicate XXXX XXXX Accounts. In XX/XX/XXXX, XXXX XXXX launched an offshoot company called XXXX. XXXX XXXX split their business into two separate, publicly traded entities. The XXXX XXXX Accounts accounts are the same accounts as the XXXX accounts Equifax previously removed ( please see account numbers below ). They are currently reporting the above accounts as a account transferred or sold with {$0.00} balance for XXXX XXXX duplicates of previously removed XXXX Accounts. The XXXX loans were correctly removed in XX/XX/XXXX, however the XXXX XXXX loans remain on my report. These accounts/loans were for Private Student Loans, which are unsecured loans and not federally funded, and therefore follow standard contract guidelines per FCRA. Documents from XXXX XXXX and XXXX show that the first payments were due in XX/XX/XXXX on the dates listed below. No payments were ever received on the accounts listed above, and therefore no re-aging should have occurred. Given these facts, I assert that your company is currently in violation of the FCRA as described below : Per FCRA 605. Requirements relating to information contained in consumer reports [ 15 U.S.C. 1681c ] ( a ) Information excluded from consumer reports. Except as authorized under subsection ( b ) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information : ( 4 ) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.

( c ) Running of Reporting Period ( 1 ) In general. The 7-year period referred to in paragraphs ( 4 ) and ( 6 ) of subsection ( a ) shall begin, with respect to any delinquent account that is placed for collection ( internally or by referral to a third party, whichever is earlier ), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action. 

The below accounts were deemed delinquent the ( Date of First Delinquency ) DOFD dates listed below. Their representative keeps stating that the date of last activity was in XX/XX/XXXX, however DLA date is not the date that determines when an account should be removed from a credit report. FRCA states clearly states reporting is based on Date of First Delinquency. The 7-year period which is allowed under FCRA has since expired on all the below listed accounts. Regardless of XXXX XXXX/ XXXX choice to officially charge off the accounts at a later date, my protection under this rule does not change. In supporting my position, enclosed are copies of XXXX XXXX Note Disclosure Statements, XXXX   Account History showing no payments, XXXX Loan Details for each account listed above. 

DISUPUTED ACCOUNT # 1 XXXX XXXX Loan # XXXX ( duplicate of XXXX Loan # XXXX which was already removed ) Opened XX/XX/XXXX Repayment start XX/XX/XXXX, no payments made for life of loan DOFD XX/XX/XXXX FCRA 180 days +7 year period expired : XX/XX/XXXX DISUPUTED ACCOUNT # 2 XXXX XXXX Loan # XXXX ( duplicate of XXXX Loan # XXXX which was already removed ) Opened XX/XX/XXXX Repayment start XX/XX/XXXX, no payments made for life of loan DOFD XX/XX/XXXX FCRA 180 days +7 year period expired : XX/XX/XXXX DISUPUTED ACCOUNT # 3 XXXX XXXX Loan # XXXX ( duplicate of XXXX Loan # XXXX, which was already removed ) Opened XX/XX/XXXX Repayment start date XX/XX/XXXX, no payments made for life of loan DOFD XX/XX/XXXX FCRA 180 days +7 year period expired : XX/XX/XXXX

Company response to consumer: Closed with non-monetary relief