Consumer complaint received 2022-09-28
Company: EQUIFAX, INC.
State: FL
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:
On XX/XX/XXXX XXXX received my dispute letter as shown on Exhibit A. XXXX results show the accounts as verified and accurate. This has been my 5th Dispute for the credit lines below. In the letter I also wrote Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested as well, to be provided within fifteen ( 15 ) days of the completion of your investigation. Thank you in advance. I was exercising my rights per FCRA 611 ( a ) ( 7 ) to request a complete description of all methods used to investigate my aforementioned dispute which was not afforded to me. My right was violated as per FCRA 611 ( a ) ( 8 ) these accounts should be promptly deleted and I should receive a phone call or have written confirmation.

I recently received a response to a dispute that I made under FCRA 611 ( a ) regarding an erroneous item on my credit report involving a transaction with. It saddened me to learn that you somehow verified the disputed item, electing to leave it on my report. I am very interested to learn how your investigator ( s ) arrived at this erroneous conclusion. I would like to see a complete list of all documents and correspondence with the creditor. Please include all names and contact information of employees that you spoke to as part of this investigation. All previous letters and documents that I sent to you previously are once again attached along with this correspondence in order to help you process this request.

I was asking for this verification because my credit score is important to me, and I believe it is being unjustly degraded as a result of this unfortunate error. Therefore, I request that you please do not send me a template letter in response to this request. I am in the process of planning a legal case, so I need specific answers to the specific questions asked of you in this letter.

These accounts are adversely affecting my credit and/or consumer reports and costing me thousands of dollars in interest every year. After your investigation of these accounts and after verifying that all account information is accurate I have found that your investigation was not done correctly. I want the description of the procedure used to determine the accuracy and completeness of the information of the accounts listed below.

15 USC 1681a ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. 

The accounts and erroneous items are listed below : XXXX ACCT # XXXX Address Identification number : not available. This account does not have the correct address. This account does not belong to me. This is inaccurate reporting please Remove the account immediately. As shown in Exhibit B. 
On Record until. It is not reporting correctly for all three bureaus. This is inaccurate reporting please delete the account. This is re-aging of accounts. As shown in Exhibit D.

Status. Shows a past due balance that increases monthly with a scheduled payment amount showing {$0.00} amount every month. This is inaccurate reporting please delete the account. As shown in Exhibit C.

Account History. Has missing data from XX/XX/XXXX ( date opened ) to XX/XX/XXXX. Does not show 30, 60, 90, 120, 150, and/or 180 days late. The information is incomplete.This is inaccurate reporting please Remove the account immediately. As shown in Exhibit E.

Does not show date of last payment, therefore the information is incomplete.This is inaccurate reporting please Remove the account immediately.

Does not show date of 1st delinquency, therefore the information is incomplete.This is inaccurate reporting please Remove the account immediately.

A Collection/ Charge off account is by default late and past due. By adding a past due balance and past due on the remarks/status section is inaccurate reporting please Remove the account immediately.

Balance History. Shows no data for payment received, scheduled payment, and actual payment amount. This is incomplete and inaccurate reporting please Remove the account immediately. As shown in Exhibit B. 
Company Sold. This account was sold/transferred to XXXX XXXX XXXX XXXX XXXX This is incomplete and inaccurate reporting please Remove the account immediately. As Shown in Exhibit E.

Original Creditor. No Data. The information is incomplete.This is inaccurate reporting please Remove the account immediately. As Shown in Exhibit E.

Date closed. No Data. The information is incomplete.This is inaccurate reporting please Remove the account immediately. As Shown in Exhibit G.

Last Payment. No Data. The information is incomplete.This is inaccurate reporting please Remove the account immediately. As Shown in Exhibit G.

Days Late - 7 year History. 0 days late 30, 0 days late 60, 0 days, 90. It can not be charged off if the account has never been late. The information is incomplete.This is inaccurate reporting please Remove the account immediately. As Shown in Exhibit G. 




XXXX XXXX  XXXX ACCT # XXXX Address Identification number : not available. This account does not have the correct address. This account does not belong to me. This is inaccurate reporting please Remove the account immediately. As Shown in Exhibit H. 
Account History. This shows that this account is closed in XX/XX/XXXX to XX/XX/XXXX. Reopened and 30 days late in XXXX and 60 days late in XXXX then back to closed on XXXX and XXXX of XXXX. A closed account is no longer a revolving credit account which can not be late. This means anything after XX/XX/XXXX would have had to be late to begin with. This is inaccurate reporting, It is not reporting correctly for all three bureaus, please Remove the account immediately. As Shown in Exhibit H. 
Closed Date. No data.The information is incomplete.This is inaccurate reporting please Remove the account immediately. As Shown in Exhibit I.

Recent Payment Amount. Not Reported.The information is incomplete.This is inaccurate reporting please Remove the account immediately. As Shown in Exhibit H.

Recent Balance. Not Reported. The information is incomplete.This is inaccurate reporting please Remove the account immediately. As Shown in Exhibit H. 

XXXX XXXX ACCT # XXXX 30 day late in XX/XX/XXXX was due to failure to receive my periodic statement. As per 12 CFR 1026.41 ( b ) Timing of the periodic statement. The periodic statement must be delivered or placed in the mail within a reasonably prompt time after the payment due date or the end of any courtesy period provided for the previous billing cycle. 
I never received this periodic statement. If XXXX has proof such as certified mail that this was indeed sent, delivered and received ; otherwise this is inaccurate reporting and this late payment should be removed immediately. If there is any proof, it should be provided under this investigation for the consumer to review. As Shown in Exhibit J. 
30 days late in XX/XX/XXXX is inaccurate reporting. As per FCRA 623 ( a ) ( 1 ) ( F ) REPORTING INFORMATION DURING COVID19 PANDEMIC. This account was in forbearance falling under accommodations as per Regulation Z definitions and the consumer brought this account current. This should report as current as per this law. As Shown in Exhibit J. 

( i ) DEFINITIONS.In this subsection : ( I ) ACCOMMODATION.The term " accommodation '' includes an agreement to defer 1 or more payments, make a partial payment, forbear any delinquent amounts, modify a loan or contract, or any other assistance or relief granted to a consumer who is affected by the coronavirus disease 2019 ( COVID19 ) pandemic during the covered period.

( ii ) REPORTING.Except as provided in clause ( iii ), if a furnisher makes an accommodation with respect to 1 or more payments on a credit obligation or account of a consumer, and the consumer makes the payments or is not required to make 1 or more payments pursuant to the accommodation, the furnisher shall ( I ) report the credit obligation or account as current; or ( II ) if the credit obligation or account was delinquent before the accommodation ( aa ) maintain the delinquent status during the period in which the accommodation is in effect; and ( bb ) if the consumer brings the credit obligation or account current during the period described in item ( aa ), report the credit obligation or account as current. 
Payment History. No Data for XX/XX/XXXX to XX/XX/XXXX. No Data for XX/XX/XXXX. No Data for XXXX to XX/XX/XXXX. No Data for XXXX to XX/XX/XXXX. No Data for XXXX to XX/XX/XXXX. The information is incomplete.This is inaccurate reporting please update the account immediately. As Shown in Exhibit J. 





XXXX. XXXX ACCT # XXXX Consumer called Furnisher/Creditor on Saturday XX/XX/XXXX at XXXXXXXX XXXX EST and spoke with a banking agent/Specialist named XXXX and asked for a Late Fee waiver for late fee issued in XX/XX/XXXX. The late fee was waived for this XX/XX/XXXX and credited on the next months billing statement. This is considered an accommodation as per FCRA 623 ( a ) ( 1 ) ( F ) REPORTING INFORMATION DURING COVID19 PANDEMIC. This should report as current as per this law. As shown on Exhibit K.

( i ) DEFINITIONS.In this subsection : ( I ) ACCOMMODATION.The term " accommodation '' includes an agreement to defer 1 or more payments, make a partial payment, forbear any delinquent amounts, modify a loan or contract, or any other assistance or relief granted to a consumer who is affected by the coronavirus disease 2019 ( COVID19 ) pandemic during the covered period.

( ii ) REPORTING.Except as provided in clause ( iii ), if a furnisher makes an accommodation with respect to 1 or more payments on a credit obligation or account of a consumer, and the consumer makes the payments or is not required to make 1 or more payments pursuant to the accommodation, the furnisher shall ( I ) report the credit obligation or account as current; or ( II ) if the credit obligation or account was delinquent before the accommodation ( aa ) maintain the delinquent status during the period in which the accommodation is in effect; and ( bb ) if the consumer brings the credit obligation or account current during the period described in item ( aa ), report the credit obligation or account as current. 
30 day late in XXXX and XX/XX/XXXX was due to failure to receive the periodic statement. As per 12 CFR 1026.5 ( b ) ( 2 ) ( ii ) ( A ) the furnisher/creditor/card issuer does not treat as late for any purpose. If XXXX has proof such as certified mail that this was indeed sent, delivered and received ; otherwise this is inaccurate reporting and this late payment should be removed immediately. If there is any proof, it should be provided under this investigation for the consumer to review. As shown on Exhibit K. 

( A ) Credit card accounts under an open-end ( not home-secured ) consumer credit plan. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, a card issuer must adopt reasonable procedures designed to ensure that : ( 1 ) Periodic statements are mailed or delivered at least 21 days prior to the payment due date disclosed on the statement pursuant to 1026.7 ( b ) ( 11 ) ( i ) ( A ) ; and ( 2 ) The card issuer does not treat as late for any purpose a required minimum periodic payment received by the card issuer within 21 days after mailing or delivery of the periodic statement disclosing the due date for that payment.

Payment History. XXXX shows 3 late payments. XXXX shows 2 late payments. Equifax shows 2 late payments. This is inaccurate reporting please Remove the late payments immediately and show as current. As shown on Exhibit L. 


As per FCRA 623.Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of Furnishers of Information to Provide Accurate Information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.

( B ) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.

As per FCRA 611 ( a ) ( 1 ) ( A ) If the completeness or accuracy of any item of information contained in a consumers, or applicants, file at a consumer reporting agency ( such as Justifacts ) is disputed by the consumer. The consumer notifies the agency directly, or indirectly through a reseller, of such a dispute, the agency must, free of charge conduct a reasonable reinvestigation. This reinvestigation will determine whether the disputed information is inaccurate and record the status of the disputed information, or delete the item from the file. This must be done before the end of a 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. 

On XX/XX/XXXX, I mailed you a letter on XX/XX/XXXX disputing information in consumer reports compiled, maintained, and published by you allegedly concerning regarding the following : XXXX XXXX ACCT # XXXXXXXX XXXX XXXX XXXXXXXX Acct # XXXX, XXXX ACCT # XXXX XXXX XXXX ACCT # XXXX XXXX Per XXXX records, you received my dispute letter on XX/XX/XXXX. 

Accordingly, as per FCRA you were required to conduct a reasonable investigation and delete the disputed information as I requested before the end of the 30-day period of the date you received my dispute letter. You received my dispute letter on XX/XX/XXXX. Therefore your response was due on or by XX/XX/XXXX. Instead of sending me a response letter with tresults of your investigation of the disputed information, you mailed me a letter dated claiming Our reinvestigation of the dispute you recently submitted is now complete. If we were able to make changes to your credit report based on information you provided, we have done so. Otherwise we have contacted the company reporting the information you disputed, supplied them all relevant information and any documents you gave us with your dispute, and instructed them to : review all information we provide them about your dispute ; verify the accuracy of the information ; provide us a response to your dispute ; and update their records and systems as necessary. 

Clearly, you have willfully failed to delete the disputed information as I have requested. In lieu of the disputed information, you willfully failed to conduct a reasonable investigation of my dispute because we have contacted the company reporting the information you disputed, supplied them all relevant information and any documents you gave us with your dispute, and instructed them to : review all information we provide them about your dispute ; verify the accuracy of the information ; provide us a response to your dispute ; and update their records and systems as necessary. However your excuse of assumption is not a valid reason under the FCRA to not reinvestigate my dispute. Note, you have not made any reasonable determination that my dispute was frivolous and irrelevant. Nor have you sent me a notice of such determination that complies with the FCRA. Furthermore, I directly dispute the completeness and accuracy of information contained in my consumer file. As per the FCRA, your failure to reinvestigate is an intentional and/or negligent FCRA violation XXXX 

As a result of your conduct as described above you shall promptly delete the disputed information. Additionally, as per the FCRA, you are liable to me for damages for your conduct. Thus, in addition to your deletion of the disputed information, you are commanded to send a check in the amount of {$1000.00} payable to the order of XXXX XXXX. Be advised, this is NOT another dispute or opportunity for you to reinvestigate the previous dispute. As per your response the accounts were verified to be accurate. The allowable period to conduct such a reinvestigation has expired and shall not be extended by law. 

After multiple attempts to dispute this experian, XXXX, and equifax have failed to properly do a good faith attempt at a proper investigation. the tradeline and/or data furnisher and/or creditor have also failed to provide correct data to the consumer reporting agencies. 

I would like to know who each of the consumer reporting agencies spoke to in their investigation? 

How did each consumer reporting agency complete the investigation? 

How did each consumer reporting agency reach a conclusion and figure their results in their investigation? 

According to the credit/ consumer reporting agencies the accounts have been verified and accurate but they have reached these results by only parroting information they have received from the data furnishers. 

I would like to have all documents that aided the consumer reporting agency to reach a conclusion on their investigation.

According to the law 15 U.S. Code 1681a- Definitions ; rules of construction The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. 

in my last dispute I disputed all the accounts listed above and XXXX has failed to place all those accounts under dispute and has failed to provide results in more than 30 days.

Company response to consumer: Closed with explanation