Consumer complaint received 2023-01-06
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:
I am receiving a complaint against XXXX and Equifax. I submitted a complaint on XX/XX/2022 regarding the same issue. The complaint number is XXXX. 

I am outraged that this is XXXX and the complaint is still open and I get an email from the company to elaborate on my complaint this morning.I don't know how much clearer I can get by showing a pictureof the duplicated account that they can't even close and say paid as agreed never late or delete it.I have also called XXXX and told them about this too and yet the representative says they see it but it's still remains on my credit report!! 

I am protected under The Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681 regulates the consumer credit reporting industry. In general, the FCRA requires that industry to report your consumer credit information in a fair, timely, and accurate manner. Banks and other lenders use this information to make lending decisions. Right now your inaccuracy is harming my credit worthiness! 



I am also protected under the UCCC The Uniform Consumer Credit Code, also known as UCCC, is a guide to state law that governs how lenders treat consumers. 



Its purpose is to protect consumers from predatory lending and minimize misinformation among other regulations. The Uniform Consumer Credit Code is a code of conduct designed to protect consumers from misinformation or fraud that could be caused by creditors or lenders. 



16 CFR 313.4 ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, if you make such a disclosure other than as authorized by 313.14 and 313.15. 



15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.

( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.

( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.

15 U.S. Code 1666 - Correction of billing errors a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor If a creditor, within sixty days after having transmitted to an obligor a statement of the obligors account in connection with an extension of consumer credit, receives at the address disclosed under section 1637 ( b ) ( 10 ) of this title a written notice ( other than notice on a payment stub or other payment medium supplied by the creditor if the creditor so stipulates with the disclosure required under section 1637 ( a ) ( 7 ) of this title ) from the obligor in which the obligor ( 1 ) sets forth or otherwise enables the creditor to identify the name and account number ( if any ) of the obligor, ( 2 ) indicates the obligors belief that the statement contains a billing error and the amount of such billing error, and ( 3 ) sets forth the reasons for the obligors belief ( to the extent applicable ) that the statement contains a billing error, the creditor shall, unless the obligor has, after giving such written notice and before the expiration of the time limits herein specified, agreed that the statement was correct ( A ) not later than thirty days after the receipt of the notice, send a written acknowledgment thereof to the obligor, unless the action required in subparagraph ( B ) is taken within such thirty-day period, and ( B ) not later than two complete billing cycles of the creditor ( in no event later than ninety days ) after the receipt of the notice and prior to taking any action to collect the amount, or any part thereof, indicated by the obligor under paragraph ( 2 ) either ( i ) make appropriate corrections in the account of the obligor, including the crediting of any finance charges on amounts erroneously billed, and transmit to the obligor a notification of such corrections and the creditors explanation of any change in the amount indicated by the obligor under paragraph ( 2 ) and, if any such change is made and the obligor so requests, copies of documentary evidence of the obligors indebtedness ; or ( ii ) send a written explanation or clarification to the obligor, after having conducted an investigation, setting forth to the extent applicable the reasons why the creditor believes the account of the obligor was correctly shown in the statement and, upon request of the obligor, provide copies of documentary evidence of the obligors indebtedness. In the case of a billing error where the obligor alleges that the creditors billing statement reflects goods not delivered to the obligor or his designee in accordance with the agreement made at the time of the transaction, a creditor may not construe such amount to be correctly shown unless he determines that such goods were actually delivered, mailed, or otherwise sent to the obligor and provides the obligor with a statement of such determination.

After complying with the provisions of this subsection with respect to an alleged billing error, a creditor has no further responsibility under this section if the obligor continues to make substantially the same allegation with respect to such error.

( b ) Billing error For the purpose of this section, a billing error consists of any of the following : ( 1 ) A reflection on a statement of an extension of credit which was not made to the obligor or, if made, was not in the amount reflected on such statement. 
( 2 ) A reflection on a statement of an extension of credit for which the obligor requests additional clarification including documentary evidence thereof.

( 3 ) A reflection on a statement of goods or services not accepted by the obligor or his designee or not delivered to the obligor or his designee in accordance with the agreement made at the time of a transaction.

( 4 ) The creditors failure to reflect properly on a statement a payment made by the obligor or a credit issued to the obligor.

( 5 ) A computation error or similar error of an accounting nature of the creditor on a statement.

( 6 ) Failure to transmit the statement required under section 1637 ( b ) of this title to the last address of the obligor which has been disclosed to the creditor, unless that address was furnished less than twenty days before the end of the billing cycle for which the statement is required.

( 7 ) Any other error described in regulations of the Bureau.

( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error For the purposes of this section, action to collect the amount, or any part thereof, indicated by an obligor under paragraph ( 2 ) does not include the sending of statements of account, which may include finance charges on amounts in dispute, to the obligor following written notice from the obligor as specified under subsection ( a ), if ( 1 ) the obligors account is not restricted or closed because of the failure of the obligor to pay the amount indicated under paragraph ( 2 ) of subsection ( a ), and ( 2 ) the creditor indicates the payment of such amount is not required pending the creditors compliance with this section. 
Nothing in this section shall be construed to prohibit any action by a creditor to collect any amount which has not been indicated by the obligor to contain a billing error. 
( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error Pursuant to regulations of the Bureau, a creditor operating an open end consumer credit plan may not, prior to the sending of the written explanation or clarification required under paragraph ( B ) ( ii ), restrict or close an account with respect to which the obligor has indicated pursuant to subsection ( a ) that he believes such account to contain a billing error solely because of the obligors failure to pay the amount indicated to be in error. Nothing in this subsection shall be deemed to prohibit a creditor from applying against the credit limit on the obligors account the amount indicated to be in error.

( e ) Effect of noncompliance with requirements by creditor Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}.

YOU ARE SUPPOSE TO CORRECT THIS AND NOT BILL ME!

According to 47 U.S. Code 222 requires telecommunications carriers to provide confidentiality for customer information as proprietary information of another common carrier. Carriers are prohibited from disclosing customer information except as required by law or with the customer 's permission.

16 CFR 1026.13 & D1-3 15 47 USC In accordance with 1026.11 ( 1 ) ( 2 ) Each time a payment is received, your account is deemed to be credited immediately. This is an infraction. Each time a balance is greater than {$1.00} ( the dividend check ), the corporation is supposed to forward the funds to my account. 
( 1 ) Credit the amount of the credit balance to the consumer 's account ; ( 2 ) Refund any part of the remaining credit balance within seven business days from receipt of a written request from the consumer ; Good faith effort to refund. The creditor must take positive steps to return any credit balance that has remained in the account for over 6 months. This includes, if necessary, attempts to trace the consumer through the consumer 's last known address or telephone number, or both. Paragraph 11 ( a ) ( 3 ). 



Your company is also in violation with the following rules : Soliciting material pursuant to Rule 14a-12 under the Exchange Act ( 17 CFR 240.14a-12 ) Written communications pursuant to Rule 425 under the Securities Act ( 17 CFR 230.425 ) Pre-commencement communications pursuant to Rule 14d-2 ( b ) under the Exchange Act ( 17 CFR 240.14d-2 ( b ) ) Pre-commencement communications pursuant to Rule 13e-4 ( c ) under the Exchange Act ( 17 CFR 240.13e-4 ( c ) ) You are not abiding by these laws Equifax & XXXX! You are putting my credit, and way of life in jeopardy!!

Company response to consumer: Closed with explanation