Consumer complaint received 2023-03-28
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: Investigation took more than 30 days

Complaint:
I am writing this dispute to report the following violations of the FCRA, FACTA, and TILA by the creditors whose names and account numbers are listed below : XXXX XXXX XXXX According to XXXX and Equifax, the account type was reported as a revolving account, while XXXX reported it as a credit card. Additionally, there was a discrepancy in the dates last active between XXXX and XXXXEquifax. These inconsistencies are in direct violation of Section 607 ( b ) - Accuracy of Information, Section 607 ( c ) - Reinvestigations of Disputed Information, and Section 623 ( a ) ( 2 ) ( A ) - Duty to Provide Notice of Dispute to Furnisher of the FCRA.

Moreover, the creditors have also violated Section 312 - Free Annual Disclosure of Consumer Reports, Section 312 ( a ) ( 1 ) - Conditions for Annual Disclosure, and Section 312 ( a ) ( 2 ) - Time and Manner of Requesting Disclosure of the FACTA, as they have failed to provide me with a free annual credit report despite my requests. 

I have carefully reviewed each report and found significant inconsistencies regarding the account information provided by XXXX XXXX XXXX  XXXX account number XXXX. 

According to XXXX and Equifax, the account type was reported as a revolving account, but XXXX reported it as a credit card. Additionally, XXXX and Equifax reported that the account status was closed, while XXXX reported it as open. The reported balance was also inconsistent, with XXXX reporting {$300.00} and XXXX and Equifax reporting {$270.00}. The last reported date also varied, with XXXX reporting XX/XX/2023, XXXX reporting XX/XX/2023, and Equifax reporting XX/XX/2023. Finally, the dates last active were also reported differently, with XXXX reporting XX/XX/2023, XXXX reporting XX/XX/2023, and Equifax reporting XX/XX/2023. 

These inconsistencies violate several sections of the Fair Credit Reporting Act ( FCRA ), including Section 607 ( b ) which requires accuracy of information, Section 607 ( c ) which outlines procedures for conducting proper reinvestigations of disputed information, and Section 623 ( a ) ( 2 ) ( A ) which mandates the duty to provide notice of the dispute to the furnisher. Additionally, the inaccuracies violate the Fair and Accurate Credit Transactions Act ( FACTA ), specifically, Section 312 which requires free annual disclosure of consumer reports, Section 312 ( a ) ( 1 ) which sets conditions for annual disclosure, and Section 312 ( a ) ( 2 ) which outlines the time and manner of requesting disclosure. The Truth in Lending Act ( TILA ) was also violated by failing to provide accurate and complete disclosure of the terms and conditions of the account, violating Section 164 which outlines additional disclosure requirements and Section 164 ( a ) which sets general disclosure requirements. 

Specifically, the account with XXXX, account number XXXX, is being reported differently by the XXXX credit reporting agencies. XXXX and XXXX are reporting the account as a revolving account, while Equifax is reporting it as a charge card. Additionally, XXXX and XXXX are reporting a monthly payment balance of {$38.00}, while Equifax is reporting {$44.00}. The last reported date and date last active are also different between the three agencies.

These discrepancies are violations of Section 607 ( b ), Section 607 ( c ), and Section 623 ( a ) ( 2 ) ( A ) of the Fair Credit Reporting Act ( FCRA ). Section 607 ( b ) requires that CRAs maintain reasonable procedures to ensure the maximum possible accuracy of the information in consumers ' credit reports. Section 607 ( c ) outlines the procedures that CRAs must follow when a consumer disputes the accuracy of information in their credit report. Section 623 ( a ) ( 2 ) ( A ) requires that CRAs notify furnishers of information when a consumer disputes the accuracy of information in their credit report. 

XXXX XXXX # XXXX XXXX reports that the account is a revolving account with a payment status of " paid or paying as agreed, '' while XXXX reports that it is a secured credit card with a current status but with three past due payments of 30 days. Furthermore, XXXX did not report the number of months on the account, while XXXX did not report the terms of the revolving account. These discrepancies are violations of Section 607 ( b ) of the FCRA, which requires that credit reporting agencies maintain accurate and up-to-date information on consumers ' credit reports. 

Additionally, the reporting of different last reported dates and different date last active dates by XXXX and XXXX XXXX be a violation of Section 607 ( c ) of the FCRA, which outlines the procedures that CRAs must follow when a consumer disputes the accuracy of information in their credit report. If I previously disputed these items and the CRAs did not properly investigate and correct them, it would be a further violation of this section. 

Furthermore, the failure of both XXXX and XXXX to provide notice of the dispute to XXXX XXXX # XXXX is a violation of Section 623 ( a ) ( 2 ) ( A ) of the FCRA. This section requires CRAs to notify furnishers of information when a consumer disputes the accuracy of information in their credit report. 

XXXX XXXX is reporting different information to each of the three CRAs. XXXX shows the account as a revolving account, while XXXX reports it as a secured credit card. Additionally, the reported monthly payment amounts differ between XXXXXXXX/Equifax and XXXX, and the last reported dates are different across all three CRAs. These discrepancies may be a violation of Section 607 ( b ) of the FCRA.

Furthermore, the payment status and past due status reported by the three CRAs are also different, which may be a violation of Section 607 ( c ) of the FCRA if these items were previously disputed and not properly investigated and corrected.

Additionally, it appears that the CRAs failed to provide notice of my dispute to the furnisher ( s ) of the information, which may be a violation of Section 623 ( a ) ( 2 ) ( A ) of the FCRA. 

XXXX ( Account Number : XXXX ). According to all three credit bureaus ( XXXX, Equifax, and XXXX ), I was 30 days late on XX/XX/XXXX, but I did not miss any payments on this account. This inaccurate reporting has severely impacted my credit score and has made it difficult for me to obtain loans or credit cards at reasonable interest rates. 

I believe that the reporting of this late payment is a violation of Section 623 ( a ) ( 2 ) ( A ) of the Fair Credit Reporting Act ( FCRA ), which requires that credit reporting agencies ( CRAs ) notify furnishers of information when a consumer disputes the accuracy of information in their credit report. If I previously disputed the late payment and the CRAs did not properly notify the creditor of my dispute, this may be a violation of Section 623 ( a ) ( 2 ) ( A ).

Additionally, there may be a violation of Section 611 ( a ) of the FCRA, which requires that CRAs investigate disputed information and either verify, correct, or delete it within a reasonable amount of time. If I disputed the late payment and the CRAs did not conduct a proper investigation or did not correct or remove the inaccurate information, this may be a violation of Section 611 ( a ).

Finally, there may be a violation of Section 607 ( b ) of the FCRA, which requires that CRAs maintain reasonable procedures to ensure the maximum possible accuracy of the information in consumers ' credit reports. If the reported late payment is inaccurate and the CRAs did not take steps to ensure the accuracy of the information, this may be a violation of Section 607 ( b ). 

XXXX XXXX ( account number XXXX ). I believe that this account has been reported inaccurately, and I request that the necessary steps be taken to correct this error. 

According to my credit report from XXXX, the account status is listed as a collection account, with a payment status of seriously past due, assigned to a collection agency, attorney, or credit grantor 's internal collection department. However, I have never received any notification from XXXX XXXX regarding this collection account. I believe that XXXX XXXX has violated Section 623 ( a ) ( 2 ) ( A ) of the Fair Credit Reporting Act ( FCRA ), which requires that credit reporting agencies ( CRAs ) notify furnishers of information when a consumer disputes the accuracy of information in their credit report.

Additionally, I have disputed this collection account with the CRAs, and they have not conducted a proper investigation or corrected or removed the inaccurate information. I believe this is a violation of Section 611 ( a ) of the FCRA, which requires that CRAs investigate disputed information and either verify, correct, or delete it within a reasonable amount of time. 

Furthermore, the reported credit limit balance is listed as {$0.00} on XXXX, and Equifax did not report it at all. The date last active was reported as XX/XX/2023 on XXXX and XX/XX/2023 on XXXX, which is contradictory. I believe this is a violation of Section 607 ( b ) of the FCRA, which requires that CRAs maintain reasonable procedures to ensure the maximum possible accuracy of the information in consumers ' credit reports.

Finally, I was not notified by the CRAs that this collection account was added to my credit report, which I believe is a violation of Section 605B of the FCRA. 

According to XXXX, XXXX XXXX # XXXX reported a late payment on XX/XX/XXXX, but I have never missed a payment on this account. 

I believe that XXXX XXXX and XXXX have violated several sections of the Fair Credit Reporting Act ( FCRA ), including : Section 623 ( a ) ( 2 ) ( A ), which requires that credit reporting agencies notify furnishers of information when a consumer disputes the accuracy of information in their credit report. If XXXX did not properly notify XXXX XXXX of my dispute, this may be a violation of Section 623 ( a ) ( 2 ) ( A ).

Section 611 ( a ), which requires that credit reporting agencies investigate disputed information and either verify, correct, or delete it within a reasonable amount of time. If XXXX did not conduct a proper investigation or did not correct or remove the inaccurate information, this may be a violation of Section 611 ( a ).

Section 605 ( a ), which requires that credit reporting agencies report accurate and complete information. If the reported late payment is inaccurate, this may be a violation of Section 605 ( a ).

Section 623 ( b ), which requires that furnishers of information conduct a reasonable investigation of disputed information and report the results of the investigation to the credit reporting agencies. If XXXX XXXX did not conduct a reasonable investigation of my dispute or did not report the results of the investigation to XXXX, this may be a violation of Section 623 ( b ).

These inaccuracies have had a significant impact on my life. I have been denied credit and financing, and I have had to pay higher interest rates and fees because of these false reports. As a result, I have had to delay important life events such as buying a home or starting a business. 

I am requesting that XXXX XXXX and XXXX remove the unverified late payment from my credit report and take appropriate actions to ensure that this type of error does not happen again in the future. 

Thank you for your attention to this matter. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation