Consumer complaint received 2022-06-13
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:
XXXX XXXX is refusing to rectify non-receipt of statements as notified through billing error notice on or around XXXX XX/XX/XXXX. On that day I filed a billing error notice that clearly showed their system HAS NOT generated biling statements from XX/XX/XXXX through present. XXXX XXXX closed out the complaint claiming that the complaint was a duplicate of a comlaint XXXX filed on or around XXXX XX/XX/XXXX. 

The two ( 2 ) complaints are distinct. Complaint XXXX involbes having not received statements and zero ( 0 ) billing error investigation conducted after notification in XXXX or XXXX of XXXX. They never rectified the situation. I was no able to login to the online system nor was receiving billing statements even though XXXX XXXX had my correct mailing address. 

However, the complaint XXXX XXXX is marking as a duplicate, complaint XXXX, is distinct in that this is no longer an issue with being able to log into the website, nor inability simply to retrieve statements : the issue is NO STATEMENTS HAVE BEEN GNERATED BY XXXX XXXX XXXX SYSYTEM for XX/XX/XXXX. 

I suspect this happeend when back in XX/XX/XXXX I notified the collections agency XXXX XXXX retained to try and collect on a debt I did not owe due inability to rectify the their billing errors at that time pusruant to 12 CFR 1026.13. That collection agency, after consultation with their internal counsel, chose to send the matter back to XXXX XXXX notifying XXXX XXXX of the issues I outlined. Only then did XXXX XXXX suppress my statements as they investigated the issue. However, once their investigation concluded, they did not begin generating statements again leading to the issue in XXXX. Thus XXXX is not the same complaint as the earlier XXXX. 

Therefore XXXX XXXX is in gross violation of CFPA, because they are reporting information regarding payment history for time periods I can not retrieve a bill for. In fact the note on the website says " Your Billing Statement PDF is temporarily unavailable for download '' and no statements appear for retrieval -- at all. What's even more egregious is that XXXX XXXX had the audacity to claim in their response to XXXX that " if I did not receive a paper bill, I could log in to see what the charges and balances were associated with my account OR call regarding the charges. '' However CFPB 12 CFR 1026.2 outlines that I am entitled to receive a statement and outlines the periodicity of statements. Moreover, 12 CFR 1026.7 explains what XXXX XXXX must provide in that statement. Failure to provide statements to a consumer within plus or minus four ( 4 ) days of the same date each month and the subsequently notifying the CRAS payments were late for that same period is clearly unfair, thus vioating Section CFPA 1036 ( a ) ( 1 ) ( B ) / 12 U.S.C. 5536 ( A ) ( 1 ) ( B ) and unlawful under 12 CFR 1026.13. 
In fact XXXX XXXX never corrected their reporting from the period as outlined in my complaint XXXX : XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX. 

Finally, I have XXXX of lXXXX and XXXX that create periods of synesthesis with XXXX and XXXX because my brain has become XXXX during XXXX. This includes XXXX. I have experienced medication renewal delays due to supply shortages during the pandemic, and as such have experienced disruptions in medication. Those disruptions can cause XXXX, XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX, and XXXX. I have had XXXX on two ( 2 ) separate occasions. The first was late XXXX XXXX early XX/XX/XXXX with a period of XXXX  beginning XX/XX/XXXX with symptoms becoming less frequent by XX/XX/XXXX and intermittent by XX/XX/XXXX. I was vaccinated over XX/XX/XXXX to XX/XX/XXXX, causing the XXXXXXXX XXXX XXXX XXXX to return. I had XXXX and XXXX again XXXX of XXXX. 

Whats more, my XXXX symptoms are managed through medications which have experienced supply interruptions during the pandemic. My XXXX symptoms include XXXX with XXXX and XXXX that make it difficult to communicate during periods of XXXX  XXXX because normal light and sound becomes painful. 

XXXX is a XXXX under the ADA, Section 504, and Section 1557. COVID-19 is a disability under the ADA, Section 504, and Section 1557. Long COVID is a disability under the ADA, Section 504, and Section 1557 if it substantially limits one or more major life activities. These laws and their related rules define a person with a disability as an individual with a physical or mental impairment that substantially limits one or more of the major life activities of such individual ( actual disability ) ; a person with a record of such an impairment ( record of ) ; or a person who is regarded as having such an impairment ( regarded as ). The definition also covers individuals with a record of a substantially limiting impairment or those regarded as having a physical impairment ( whether substantially limiting or not ). This document does not address the record of or regarded asparts of the disability definition, which may also be relevant to claims regarding long COVID. 

I have known very few increments of time during the pandemic when I have not suffered from complications of XXXX XXXX, XXXX, XXXX  and their XXXX with XXXX. These conditions have seriously altered one or more activities because XXXX generated XXXX XXXX with XXXX XXXX XXXX XXXX, making it incredibly difficult for me to communicate via light and sound. Normal levels of light and normal levels sound during times of XXXX XXXXXXXX caused pain. 

It is fair less painful to supply login credentials to retrieve a statement than it is, than to call XXXX XXXX, progress through the IVR simply to get the information thats supposed to be on a statement. A phone involves light AND sound to both dial and communicate with an individual or auto-attendant on the other end. 

So, no, this complaint is not a duplicate compalint of any other complaint because here I am also highlighting that the inability for me to retrieve my statements through the website, is a violation the quoted law above AND the ADA. 

If XXXX XXXX can not correct the credit reports and have their statements generate billing statements again, then I iwll be filing a complaint regarding disability discrimination with DoJ.

Company response to consumer: Closed with explanation