Consumer complaint received 2022-10-22
Company: EQUIFAX, INC.
State: TX
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
XXXX XXXX XXXX ACCOUNT # XXXX To whom it may concern I received a copy of my credit reports from EQUIFAX and noticed a COLLECTION that you are continuously reporting to my credit report unlawfully. First off, thiss debt you are attempting to collect is past the statute of limitations in my state. 2ndly, According to the Fair Debt Credit Reporting Act, the Fair Credit Reporting Act, and the CFPB your company is in clear violation of the law. The law clearly states that under these statutes certain provisions must be met before reporting to the Consumers credit report. Below are the statutes that your company is deliberately violating : 15 USC 1666 ( b ) : A creditor may not treat a payment on a credit card account under an open-end consumer credit plan as late for any purpose.

15 USC 1681 ( b ) ( 2 ) : PERMISSIBLE PURPOSE OF CONSUMER REPORT ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. 

15 USC 1681a ( 2 ) ( a ) ( i ) EXCLUSIONS FROM A CONSUMERS CREDIT REPORT a ) ( 2 ) Exclusions. -Except as provided in paragraph ( 3 ), the term " consumer report '' does not include- ( A ) subject to section 1681s3 of this title, any- ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. 
( ii ) communication of that information among persons related by common ownership or affiliated by corporate control; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated to direct that such information is not communicated among such persons. 

Did I give your company written permission or instructions to furnish this account on my credit report? If so, please provide the proper documentation with my signature giving your company permission/consent to furnish my personal experiences and transaction history on my Credit Report. If no such item exists You are bound by law to remove the late payment status from my credit report and update my profile IMMEDIATELY. 

Furthermore, I have disputed this directly with XXXX, XXXX, and XXXX three times already to no avail. Due to the blatant disregard of State and Federal laws as well as the WILLFUL NONCOMPLIANCE, XXXX has caused me unnecessary XXXX, XXXX, and XXXX. I am requesting that the above-mentioned late payment for ( XX/XX/2017 ) be removed from my credit profile IMMEDIATELY! Failure to respond satisfactorily with the deletion of the late payment will result in Legal actions being taken against your company for the following : 1. DEFAMATION OF CHARACTER 2. NEGLIGENT ENABLEMENT OF IDENTITY FRAUD 3. FAIR DEBT COLLECTION PRACTICES ACT 4. FAIR CREDIT REPORTING ACT Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation