Consumer complaint received 2020-04-20
Company: EQUIFAX, INC.
State: VA
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:
I have sent 3 letters to Equifax I am attaching the letters along with proof of certified mail that they received my letters and certified letters from the so called creditors that are in clear violation of the law. XXXX, XX/XX/XXXX I sent letters notifying Equifax of violations by XXXX XXXX {$760.00}, XXXX  XXXX XXXX {$690.00} and {$190.00} XXXX XXXX {$990.00} XXXX XXXX  {$230.00}, {$190.00}. These collections companies are claiming I owe them these amounts. I requested Full validation. All four failed to provide Proper validation in accords to FCRA. Equifax 3 times claimed they verified it as accurate. I ask how is it possible when these so called creditors will not provide me anything with my signature or anything showing I have any just caused to give them anything? I ask who verified these? How? What method of verification? These accounts should be deleted just on the fact alone they failed to provide validation within the 30 days the FCRA LAW allows, Section 809 { b }, 15 U.S.C & 1692g { b } states " if the consumer notifies the debt collector in writing within the 30 day period disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or verification of the debt or any copy of a judgement ''. What is more there is a clear violation of FCRA Section 623 { a } { 1 } { a } which states " It is illegal to report information that you know or believe is inaccurate. You have a " reasonable cause to believe '' that information is inaccurate if you have knowledge. 
XXXX XXXX claims I had XXXX XXXX. XXXX operates on contracts. If XXXX  is in possession of the signed contract between me and XXXX then please produce it now! You cant because it does not exist! I live with my mother to provide help for her and have no use for XXXX XXXX. There is no way you could of verify something as accurate when it does not exist. 
XXXX XXXX XXXX, you claim you verified them as accurate. Provide the service I had and proof that I agreed to the specific service with my signature. You can not get medical care and not sign for it. I do not want a computer print out as that does not constitute proper validation in accords to the FCRA, I have read up on XXXX XXXX XXXX and they are notorious for fabricated computer print out invoices. Even I can print an invoice saying Equifax owes me thousands just because I have a computer print out with Equifiax name do not make it valid. They have no proof!! Why? Cause it does not exist and is why I can't even get these jokers to respond. 
XXXX XXXX XXXX just pitiful, Please show me how you verified this account?. Provide the consumer signed contract showing I agreed to their services. Provide documentation with my signature agreeing to the prices displayed stating I had received there services. You are unable to do it and have yet to do it even after 3 letters, Why? It does not exist. They Tried to strong arm me into paying them!! 

XXXX  XXXX  I have ask them to produce the insurance paperwork showing I had XXXX   XXXX during he time frame the claim agreeing to there service along with agreeing to the price they claim I owe. I requested at the same time for them to provide the medical service they claim I had and the documentation showing I agreed to the medical service and agreed to pay the amount they are stating. Its been over 4 months and I have not received what I have requested. 

Given the fact that these companies did not respond within the 30 days thus violating section 809b, Given the fact I have earnestly tried and you see the proof to correct these errors peacefully even with limited time as I am classified as essential worker putting my life on the line daily for the benefit of others, Given the fact they have no proof and sent me no proof, I humbly ask for you to do the right thing and remove these accounts form my credit report as soon as possible. Its only fair, Its only the right thing to do. I Should not have to go to court over this when you can do the right thing here and now. 

My other concern is XXXX XXXX XX/XX/XXXX day late pay. Again you see clear violation of section 809 { b }, 15 USC & 1692g { b } however unlike the others they did respond but failed to provide the validation.  Both times in there responses and you can see for yourself they claim they need more time to look into it. Well hello the law says 30 days and now way more than 30 days has pass. Based on the evidence you must delete these accounts. They even and I will give them the benefit of the doubt put the wrong date in their letter when I sent the letters to them, look at the proof of the certified mail receipt. They claim they received my inquiry dated XX/XX/XXXX but there is no inquiry dated XX/XX/XXXX they received both of my letters on or before XX/XX/XXXX see certified mail return receipt. Based on the evidence and the fact they failed to validate this 30 day late pay. I request you to obey the law and remove this XXXX  30 day late pay. SEE PROOF. 

XXXX both accounts should be showing 0 late payments as my student loan should of been reflecting 0 late payments and should immediately remove the 90 days late payment from both accounts as my loans should of reflected my student loan payments were in deferment. I have requested XX/XX/XXXXto update there records as my student loan was in deferment. I notified the associate at XXXX back in early XXXX and was told the error was to be corrected. XXXX then sent me a letter stating they decided not to change the status due to regulations promulgated by the DOE and FCRA.. but did without proper reason, Contrary to these assertions, by failing to update previously reported information, XXXX is in violation of Section 623 { a } { 2 } of the FCRA I have attached an FTC advisory opinion which interprets Section 623 { a } { 2 } of the FCRA. The issue posed in the advisory opinion is how a lender is to handle a situation when subsequent information updates a report that was allegedly accurate when it was made but no longer is accurate in the present time. The advisory opinion states that the section 623 { a } { 2 } of the  FCRA addresses the duty to correct and update information by " furnishers '' or persons furnish information to consumer reporting agencies { CRA } such as credit bureaus. In particular, this section requires a person that has furnished to a consumer reporting agency information that the person determines is not complete or accurate to promptly notify the consumer reporting agency of that determination and provide any information needed to make it complete and accurate. Thus, on its face, this provision requires a furnisher to provide corrected or updated information to the consumer reporting agency that it had reported to originally. This duty extends to all student loan accounts reported to CRA 's regardless of whether they were accurate at one point, because the section requires the furnisher both to " update '' accounts as well as to " correct '' XXXX Representative later told me that because the delinquent payments were accurately reported in XXXX XX/XX/XXXX that any subsequently initiated deferments would not allow for XXXX to update reports to CRA 'S to show that the payments were NOT late and actually in deferment { even though they originally acknowledge it should of been reflecting deferment status }. However Section 623 { a } { 2 } clearly shows that the reports must be updated/ corrected regardless of whether they were supposedly accurate at one point** { FOR THE RECORD, I do not agree at all that XXXX EVER accurately reported the status of my student loans. Given the fact they failed to provide proper documentation and validation of my requests within section 809b or even can find the original signature pages of paper work and original requests leaves me to suspect a processing error on behalf of XXXX. In addition to the possible section 623 { a } { 2 } Claim, I Intend on filing a suit against XXXX and any Credit Bureau who does not correct the accounts to show 0 late pays as there was an error with processing of my deferment.. I requested full validation and ask proof that my student loan was to come out of deferment and proof they contacted to me to let me know they wanted to change my status and the legal right that they can do that without my consent or notification. I ask for my original paperwork with my signature, proof of my original deferment paper work and they are unable to provide my signature pages showing it to come out of deferment and provide proof I never requested for it to stay in deferment during that time when I sent in the original paper work within the proper timeframe. I received no answer and now more than 30 days has pass. I ask you to follow the law section section 809 { b }, 15 USC & 1692g { b }. Section 623 { a } { 2 } My credit reports do not currently accurately reflect previous payment statues with XXXX, both as they actually existed and as XXXX has recorded them. I am thus requesting in compliance with section 623 { a } { 2 } of the FCRA that the both student loan accounts reflecting 90-120 late payment in XXXX be updated and or corrected and removed. In the event that these reports are not immediately updated to accurately reflect my payment status during XX/XX/XXXX, I intend on filing a law suit in addition to filing complaints with FTC, XXXX  and any other means necessary.

Company response to consumer: Closed with explanation