Consumer complaint received 2016-05-25
Company: EQUIFAX, INC.
State: VA
Product: Credit reporting
Issue: Incorrect information on credit report
Sub-issue: Account terms

Complaint:
XXXX XXXX, XXXX Attention : Legal Department Consumer Financial Protection Bureau Thank you in advance for your assistance in an extremely important matter. 

Equifax Inc. is violating my rights under the Fair Credit Reporting Act. 

Since XXXX XXXX, I have been protected by the U.S. Bankruptcy Code as per my Chapter XXXX filing. It was my understanding that all collection activity by my creditors will cease during this protection period. 

I was shocked when I obtained a XXXX-bureau credit report from XXXX on XXXX XXXX, XXXX to see that many of the creditors were showing past-due balances, derogatory payment history, and current derogatory status tags. 

Immediately, I prepared a letter to Equifax that detailed every error. Understanding that Equifax is only reporting information that was reported to them by the original creditors, I requested verification under the FCRA 15 USC 1681s-2 ( a ) ( 1 ) ( A ). This letter was sent certified mail to Equifax on XXXX XXXX, XXXX. 

On XXXX XXXX, XXXX, I received a response from Equifax saying that some accounts were " updated ''. While looking at the new credit report that was provided by Equifax , I noticed that every XXXX of the accounts in question still contained balances, derogatory credit history and incorrect account status designations. 

After seeking legal council, I was reminded that USC 1681s-2 ( a ) ( 2 ) ( b ) says that it is a violation of the FCRA if after being made aware of the inaccurate reporting, the errors are not immediately corrected. It is the responsibility of the credit bureaus to maintain an accurate credit report while I am currently in an open Chapter XXXX bankruptcy. 

The credit bureaus can not report any debts as : 1. Currently charged off. 2. Late, delinquent or outstanding. 3. Charged off. 4. Having a balance due. 5. Converted as a new type of debt. Understanding that the bureaus are reporting information provided to them by original creditors, they have a legal responsibility to maintain accuracy in the data contained in my credit report that they are selling to companies like XXXX. 

After receiving updates and new credit reports from XXXX and XXXX, I sent out my second request to Equifax on XXXX XXXX, XXXX. I asked that they correct the inaccurate information. I considered a second request as reasonable. 

I was completely shocked on XXXX XXXX when Equifax did not change anything. From their responses on each account, it seems as if they were asking for me to just accept their inaccurate reporting. By this time, I had been studying both the Fair Credit Reporting Act and the U.S. Bankruptcy laws. My legal council advised for me to ask Equifax one last time to fix the issues before she gets involved in the case. 




On XXXX XXXX, I sent in my third request for Equifax to correct the negative information that they are reporting in violation of the Fair Credit Reporting Act. I gave them an acceptable amount of time to respond. On XXXX XXXX, XXXX, I ordered another three-bureau credit report from XXXX. This report showed only minor improvement from the original credit report ordered in XXXX. 

At this point, before getting legal council involved, I was advised to make the CFPB aware of this situation. Quite frankly, I am shocked at the lack of compliance by XXXX of the XXXX largest credit reporting agencies. Also, I am very pleased and happy that a government agency like the CFPB exists to help the " little guy '' like myself. 

Attached to this submission are the credit reports ordered on XXXX XXXX, XXXX and the ones ordered on XXXX XXXX, XXXX, as well as my Schedule of Creditors from my Chapter XXXX Bankruptcy. This Schedule of Creditors shows which creditors should be showing on my Equifax credit report as " Included in Bankruptcy ''. These trade-lines should only be showing on my credit report with this designation. There should be

Company response to consumer: Closed with explanation