Consumer complaint received 2023-11-12
Company: EQUIFAX, INC.
State: CA
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Incorrect information on your report
Sub-issue: Account information incorrect

Complaint:
I am writing to dispute the late payments that have been reported on my credit report concerning XXXX XXXX XXXX  account, Account # XXXX, documented as opened on XX/XX/XXXX. I am invoking my rights under the Fair Credit Reporting Act ( 15 USC 1681 ) and wish to emphasize the following key provisions : 1. **15 U.S.C 1681 Section 602 A**. This section underscores my right to privacy. Additionally, 15 U.S.C 1681 Section 604 A Section 2 states that a consumer reporting agency can not furnish an account without my written instructions. Furthermore, 15 U.S.C 1681c. ( a ) ( 5 ) Section specifies that no consumer reporting agency may include certain adverse information in a consumer report. 15 U.S.C. 1681s-2 ( A ) ( 1 ) reinforces that a person shall not furnish inaccurate information to a consumer reporting agency. The discrepancies in the reported information directly violate these legal provisions. 

2. **15 USC 1681f ( b ) - Accuracy of Consumer Report : ** According to 15 U.S. Code 1681e - Compliance procedures ( b ) Accuracy of Report, consumer reporting agencies are obligated to maintain the utmost accuracy of information. Unfortunately, the reported account exhibits inaccuracies, violating consumer law 1681e ( b ). Inconsistencies were observed across different credit bureaus, with XXXX reporting it as 90 days past due, XXXX as 60 days past due, and Equifax indicating not more than three payments past due. The attached credit report reveals discrepancies in the number of days past due and an additional late payment on XXXX in XX/XX/XXXX, absent from Equifax and XXXX. 

3. **15 USC 1681 ( 23 ) Responsibilities of furnishers of information to consumer reporting agencies**. This section reinforces the responsibility of furnishers to report accurate information. Given the evident inaccuracies in the information reported by all three credit bureaus for the XXXX XXXX XXXX Account, it is clear that this account is inaccurate. The reporting agency is now aware of this inaccuracy, mandating the deletion of the entire account. 

4. **15 USC 1681a : ( 2 ) ( a ) ( i ) : ** Reporting late payments on my credit report is a violation of Consumer Law 15 USC 1681a ( 2 ) ( a ) ( i ) as it pertains to transactions and experiences between the consumer and the creditor. This falls under the exclusion provided by the law. Reporting late payments should be considered a violation of this legal exclusion unless specific conditions warrant their inclusion. Maintaining the integrity of credit reporting systems necessitates accurate and lawful reporting of such information. 

5. **15 USC 1666b : ** This statute dictates that a creditor can not treat a payment as late unless they have provided a periodic statement containing information at least 21 days before the payment due date. I have not received such information within the specified timeframe and, therefore, I challenge the late payment reports based on this requirement. 

I kindly request that Equifax conducts a thorough investigation into these discrepancies and provides me with a written response, along with any supporting documents and evidence, within the 30-day period as stipulated by the Fair Credit Reporting Act. I also request that Equifax promptly DELETES this account from my credit report if it is determined that the late payments were inaccurately reported.

Company response to consumer: Closed with explanation