Consumer complaint received 2022-07-27
Company: EQUIFAX, INC.
State: MI
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 asked that my ability to retrieve statements online be enabled, as it has been before my initial billing error complaint months ago with XXXX XXXX for account ending XXXX. Regulation Z / TILA requires that XXXX XXXX send me a statement at periodic intervals. Statements were suppressed for a period earlier in XXXX while XXXX XXXX conducted a billing error investigation regarding my not receiving statements over XXXX through mail, and XXXX XXXX instructing me to log into a system to retrieve PDF billing statements using credentials that do not exists. The billing generation process was never re-enabled for my account AFTER the billing investigation was concluded. That is, their system has generated XXXX statements since the beginning of XXXX. 

I am considered a XXXX individual and therefore my request to be able to retrieve statements online, which is available to all card-members, a service offered by XXXX XXXX to its current and former card-members, constitutes a reasonable request for accommodation under the ADA. 

At this point XXXX XXXX is denying me the ability to inspect my statements, yet continues to demand alleged amounts of money on a periodic basis. They then are furnishing payment inaccurate and/or unverifiable payment history to the CRAs for periods during which they have provided me XXXX ( XXXX ) statements. The course of action taken by XXXX XXXX is patently unfair and is considered an unfair and/or deceptive and/or abusive practice, or set of practices, that is prohibited under 12 U.S. Code 5531, but also violates the FCRA, 15 U.S.C . 1681 et seq, because they are supplying the CRAs with adverse payment history for my account ( s ). Such information is by definition inaccurate as the adverse history supplied to the CRAs is direct consequence of XXXX XXXX ' failure to supply me with periodic statements containing the necessary information as required under 12 CFR 1026.7, and at intervals as outlined in 12 CFR 1026.2. 

XXXX XXXX has been unabashed about their desire to flaunt applicable law. In direct response to CFPB complaint XXXX XXXX XXXX has asserted that it has no intention of complying with applicable law, because they have not rectified the issues with generating periodic statements, but nevertheless " consider this matter closed, '' and assert " This office will file your future correspondence regarding this matter, but we will not respond. '' Such an assertion constitutes a denial of my due process rights as required under 12 CFR 1026.13. 

So, XXXX XXXX will allegedly not respond to any further complaints through the CFPB, despite receiving several complaints from me, and Treasury -- OCC regarding the issue above. XXXX XXXX refuses to provide reasonable accommodations for me to be able to retrieve my statements online, and have been made aware on not less than three ( 3 ) separate occasions that their system has not generated statements. That is, they have been made aware that they are not compliant with Regulation Z /TILA and are engaging in practices that clearly fall under prohibited practices as defined under 12 U.S. Code 5531. Finally, they are aware that their system is not generating statements, for which a failure to rectify the situation also constitutes a failure to provide a reasonable accommodation request under the ADA. 

Overall, XXXX XXXX is engaging in practices that it knows, or by this point SHOULD know, are patently prohibited under Federal law and wrongfully discriminate against me as a member of at least one ( 1 ) protected class, encompassing not only XXXX discrimination but credit discrimination as well. As, XXXX XXXX continues to furnish inaccurate and unverifiable information to he CRAs, they are knowingly and willfully violating 15 U.S.C. 1681 et seq. 

Since XXXX XXXX has been clear in their desire to forgo their responsibilities under Federal law, it is incumbent upon the CRAs to remove the account/trade-line of concern AND/OR to remove any and all adverse history furnished by XXXX XXXX identified account/trade-line. A failure to do such constitutes a violation of the FCRA and exposes the CRA liability for any harm I may suffer as a consumer as a result of maintaining the information in my credit file.

Company response to consumer: Closed with explanation