Consumer complaint received 2022-08-04
Company: EQUIFAX, INC.
State: MI
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:
XXXXXXXX XXXX XXXXXXXX is attempting to collect on a debt I do not owe on behalf of XXXX. In response to CFPB complaint XXXX, they claim " The debt in question are for the balances owed on a XXXX bill for service provided XX/XX/XXXX through XX/XX/XXXX. '' On or around XXXX XX/XX/XXXX I filed complaint XXXX tactics employed by XXXXXXXX XXXX XXXXXXXX that cause disproportionate harm to individuals with disabilities in the attempt to collect on alleged debts. The only response XXXX XXXX XXXX could provide was, XXXX XXXX XXXX XXXX  is a third party collection agency that works on the original creditor 's behalf ... '' Article 9 of Public Act 299 of XXXX, as amended was created, to license and regulate collection agencies operating in Michigan. Article 9 defines a collection agency as a person that is directly engaged in collecting or attempting to collect a claim owed or due or asserted to be owed or due another, or, subject to subsection ( 2 ), repossessing or attempting to repossess a thing of value owed or due or asserted to be owed or due another arising out of an expressed or implied agreement. MCL 339.901 ( 1 ) ( b ). I have looked for agencies licensed to collect in MI. I am a MI resident and am protected under the laws of MI. In this case MCL 339.901 ( 1 ) ( b ) applies. While XXXXXXXX XXXX XXXXXXXX is registered as a foreign entity to transact business in MI, they are not currently licensed to collect on debt on anyone 's behalf in MI, nor have they ever been licensed to collect in MI since registering as a foreign entity doing, conducting, or transacting business in MI. Therefore, any current attempt to collect on my alleged debt in MI, or any debt in MI is invalued, null and void, and has been since XXXX, when XXXX XXXX  XXXX first registered to transact business in MI. Current state records show they are registered under the nameof their President and treasurer, who in this case records show are related by virtue of their common last name. 

Since XXXXXXXX XXXX XXXXXXXX is NOT a licensed collection agency in MI, they may not be in the act of collection on debt in MI. The FCRA prohibits a data furnisher from supplying invalid and/or unverifiable information to a CRA. Equally, invalid and/or unverifiable information is required to be removed at a consumers request if that consumer can demonstrate the information supplied by the data furnisher is invalid or unverifiable. The MICHIGAN CONSUMER PROTECTION ACT also forbids Unfair, unconscionable, or deceptive methods, acts, or practices in conduct of trade or commerce under MCL Act 331 of 1976, Section 445.903. The account/tradeline corresponding to the the actions here are listed on my credit report as a collection account identifying XXXX XXXX  XXXX as the entity attempting to collect on an alleged debt. XXXX XXXX  XXXX themselves acknowledges they are trying to collect on an alleged debt. Yet, they are not licensed to collect on debt in MI -- they never have been and therefore, their actions constitute an invalid action that is prohibited under MI law and constitutes an unfair practice under federal law. In the federal realm they are at the very least making false representations to me as a consumer about who they are. They are registered to transact business for any permissible purposes the laws of MI allowe them to. Collecting on alleged debts is not a practice they may engage in with a MI resident without proper license. Consequentially, they are prohibited from collecting under 15 U.S. Code 1692f, which forbids collection on a debt that can not legally be done. In this instance, XXXX XXXX  XXXX can not legally collect on a debt because MI law forbids firms from engaging in that activity unless the firm is licensed to do such. 

Therefore, any collection action is again invalid prima facie and the annotations corresponding to such must be removed under the provisions of the FCRA. To do otherwise enables XXXX XXXX  XXXX to engage in practices that a CRA knows, or should know, is illegal and opens a CRA to liability.

Company response to consumer: Closed with explanation