Consumer complaint received 2020-06-14
Company: EQUIFAX, INC.
State: FL
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:
This is possibly my twentieth time attempting to get outdated information/incorrect account information of my report. this has harmed me financially and has prevented me from purchasing a home. 

This letter is a formal request to remove outdated information from my credit report. For easy reference, I have enclosed a copy of the credit report that EQUIFAX provided me on XX/XX/XXXX with the outdated items. Per Federal, statute allows a creditor to sue up to 7 years after the last payment was made. However, Florida law reduces that time to 5 years for a written contract or promissory note and 4 years for an oral contract or open-ended contract/note.In accordance with the Fair Credit Reporting Act, Section 605 [ 15 U.S.C. 1681c ] " Running of Reporting Period '', as of XX/XX/XXXX, reporting periods only run XXXX or 10 years depending on the type of information. In my case, the information in question expired as of XX/XX/XXXX This letter is a formal request to remove outdated information from my credit report. For easy reference, I've enclosed a copy of the credit removal requests, for XXXX, XXXX XXXX and XXXX XXXX  who removed the item and then placed it right back in XXXX of XXXX on the same day the account of from XXXX it is now XXXX. 

This letter is a formal request to correct inaccurate information contained in my credit file. The item ( s ) listed below are completely erroneous and outdated. In accordance with the federal Fair Credit Reporting Act ( FCRA ), I respectfully request you investigate my claim and, if after your investigation, you find my claim to be valid and accurate, I request that you immediately delete the item. I thank you for your consideration and cooperation the following account are in violation of the FLORIDA STATUTE 95.11 .The Date Of Last Activity By The Original Creditor, even should it be mine, Per Florida Statute 95.11. FLORIDA LAW REDUCES THAT TIME TO 5 YEARS FOR A WRITTEN CONTRACT OR PROMISSORY NOTE AND 4 YEARS FOR AN ORAL CONTRACT OR OPEN-ENDED CONTRACT/NOTE. Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt. I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act XXXX FDCPA XXXX. However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus. 
The exact statute : [ 15 USC 1692e ] 0 ( A ) The legal status of the alleged debt and ( B ) Any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. 

The Following Account Are in Violation of the Florida Statute 95.11 XXXX XXXX XXXX XXXX XXXXt- PER THE REPORTS THIS ITEM WAS FIRST REPORTED XX/XX/XXXX ALLEGED ACCOUNT XXXX CONTRACT CANCELLED XXXX11LIMITATIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY.ACTIONS OTHER THAN FOR RECOVERY OF REAL PROPERTY SHALL BE COMMENCED AS FOLLOWS : WITHIN FIVE YEARS. 
( a ) An action on a judgment or decree of any court, not of record, of this state or any court of the United States, any other state or territory in the United States, or a foreign country. 
XXXX b ) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of ss. XXXX XXXX XXXX XXXX and 713.23 ( 1 ) ( e ). 
( c ) An action to foreclose a mortgage. 
( d ) An action alleging a willful violation of s. XXXX. 

WITHIN FOUR YEARS. 
( a ) An action founded on negligence. 
( b ) An action relating to the determination of paternity, with the time running from the date the child reaches the age of majority. 
( c ) An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest ; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence. In any event, the action must be commenced within 10 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest. 
( d ) An action to recover public money or property held by a public officer or employee, or former public officer or employee, and obtained during, or as a result of, his or her public office or employment. 
( e ) An action for injury to a person founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property, including fixtures. 
( f ) An action founded on a statutory liability. 
( g ) An action for trespass on real property. 
( h ) An action for taking, detaining, or injuring personal property. 
( i ) An action to recover specific personal property. 
( j ) A legal or equitable action founded on fraud. 
( k ) A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts. 
( l ) An action to rescind a contract. 
( m ) An action for money paid to any governmental authority by mistake or inadvertence. 
( n ) An action for a statutory penalty or forfeiture. 
( o ) An action for assault, battery, false arrest, malicious prosecution, malicious interference, false imprisonment, or any other intentional tort, except as provided in subsections ( 4 ), ( 5 ), and ( ( p ) Any action not specifically provided for in these statutes. 
( q ) An action alleging a violation, other than a willful violation, of s. 448.110. 

Additionally, I request that you supply a corrected copy of my credit profile to me and all creditors who have received a copy within the last 6 months, or the last 2 years for employment purposes., please provide me with the name, address, and telephone number of each credit grantor or other subscriber that you provided a copy of my credit report too within the past six months. If your investigation shows the information to be accurate, I respectfully request that you forward to me a description of the procedure used to determine the accuracy and completeness of the item in question within 15 days of the completion of your re-investigation as required by the Fair Credit Reporting Act. 
I am also doubtful that you would have adequate documentation to prove in court that you have the right to report this negative information on my credit report, and therefore you are in violation of the Fair Credit Reporting Act as well as the FDCPA. However, I will give you the chance to prove that you are lawfully entitled to report this information by requesting an investigation. Under the FDCPA I am also invoking my right to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activities. Please remove this account immediately from my credit report or I will have to take legal remedies which may include lawsuits and notifying our state attorney general 's office. In addition, I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a {$1000.00} fine, payable to me. 

I request to have my name removed from your marketing lists. Here is the information you have asked me to include in my request : ONLY INFORMATION THAT SHOULD SHOW ON MY REPORT IS AS FOLLOWS : XXXX XXXX XXXX XXXX XXXX XXXX Current Mailing Address XXXX XXXX XXXX XXXX Florida XXXX Previous Mailing Address XXXX XXXX XXXX XXXX Florida XXXX Social Security Number XXXX Date of Birth XX/XX/XXXX EMPLOYER- SHOULD ONLY SHOW 1 XXXX Department of Economic XXXX XXXX XXXX Florida 2 XXXX XXXX XXXX XXXX Owner PHONE NUMBER SHOULD ONLY SHOW XXXX I respectfully ask you to investigate my claim and if you find my claim to be valid then I expect you to immediately remove the outdated items identified in this letter and any additional outdated items that you discover during your investigation. Furthermore, after correcting my credit file, I request that you forward a corrected copy of my credit report to me at the address listed at the top of this letter. 
Finally, if your investigation determines the information is not outdated, I respectfully request you forward to me a description of the procedure used to determine the accuracy and completeness of the item in question. In accordance with the FCRA, I respectfully request you forward this information within 15 days of the completion of your re-investigation.

Company response to consumer: Closed with explanation