Consumer complaint received 2022-10-24
Company: EQUIFAX, INC.
State: TX
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:
To Whom It May Concern : Please accept this letter as my formal complaint against XXXX XXXX XXXX XXXX XXXX ( XXXX ), XXXX, XXXX ( XXXX ), and Equifax Information Services, LLC  ( Equifax ), consumer reporting agencies, for violating the Fair Credit Reporting Act ( FCRA ) 15 USC 1681 requirements.

I am a consumer and natural person as defined by the Fair Credit Reporting Act ( FCRA ), 15 USC 1681 ( a ) ( c ). 

Upon learning of the inaccuracy information, I promptly notified all three credit bureaus with written dispute letters.I asked each consumer reporting agency : XXXX, XXXX and Equifax, to properly verify and reinvestigate the disputed accounts : XXXX XXXX XXXX XXXX. 

On or about XX/XX/XXXX, a formal written dispute was mailed via certified mail ( attached proof of delivery with tracking number ) to Equifax information Services LLC requesting an investigation to the following information : XXXX  XXXX XXXX XXXX. My letter was received and sign for by an Equifax employee on XX/XX/XXXX at XXXX XXXX. 
On or about XX/XX/XXXX, Equifax Information Services LLC mailed a confirmation of the results of my dispute to my address ( confirmation # XXXX ) On or about XX/XX/XXXX, Equifax Information Services LLC mailed a confirmation of the results of my dispute to my address ( confirmation # XXXX ) On or about XX/XX/XXXX, a formal written dispute was mailed via certified mail ( attached proof of delivery with tracking number ) to XXXX XXXX XXXX requesting an investigation to the following information : XXXX  XXXX XXXX XXXX. My letter was received and sign for by an XXXX employee on XX/XX/XXXX at XXXX XXXX. 
On or about XX/XX/XXXX, a formal written follow up letter for the initial dispute was mailed via certified mail On XX/XX/XXXX XXXX mailed a letter stating they were currently investigating my dispute, and in receipt of additional information regarding this dispute. Due to the additional information, the time frame for completing the investigation has been extended. XXXX stated my initial correspondence was received on XX/XX/XXXX, and additional information was received on XX/XX/XXXX, which allows them fifteen additional days. Therefore, my investigation would be completed on or before XX/XX/XXXX. ( File number XXXX ) On or about XX/XX/XXXX, a formal written dispute was mailed via certified mail ( attached proof of delivery with tracking number ) to XXXX XXXX XXXX XXXX XXXX requesting an investigation to the following information : XXXX  XXXX XXXX XXXX. My letter was received and sign for by an Equifax employee on XX/XX/XXXX at XXXX XXXX. 

My letter was received and delivered at a XXXX XXXX XXXX XX/XX/XXXX at XXXX XXXX. 
XXXX responded with report number XXXX with the results of the reinvestigation of my dispute regarding the account : XXXX  XXXX XXXX XXXX XXXX XXXX stated the information you disputed has been verified as accurate, information unrelated to your dispute has been updated. Please review your report for the details. 
Before I initiated the dispute with XXXX, the following information was reported : Account Name : XXXX  XXXX XXXX XXXX XXXX opened : XX/XX/XXXX Status : Repossession Balance : {$23000.00} Original Balance : {$23.00}, XXXX Highest Balance : {$0.00} Terms : XXXX  months Payment history : XXXX days past due as of XXXX XXXX XXXX days past due as of XXXX XXXX XXXX days past due as of XX/XX/XXXX, Repossession as of XX/XX/XXXX, Repossession as of XX/XX/XXXX Under 15 U.S.C 1681e ( b ), a credit reporting agency shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom a report relates. Federal appellate courts have held that Maximum possible accuracy means that a credit report must not be misleading or incomplete in such a way and to such an extent that it can be expected to have an adverse effect. After failing this requirement, XXXX updated the information I disputed for XXXX  XXXX XXXX XXXX as well as information unrelated to the dispute. The following changes were made to the account : Account Name : XXXX  XXXX XXXX XXXX Account Number : XXXX Date Opened : XX/XX/XXXX Status : Repossession. {$940.00} written off. {$1900.00} past due as of XX/XX/XXXX Balance : {$1900.00} Original Balance : {$23000.00} Highest Balance : {$0.00} Terms : XXXX  months Payment history : XXXX days past due as of XXXX XXXX XXXX days past due as of XXXX  XXXX, XXXX days past due as of XX/XX/XXXX, Repossession as of XX/XX/XXXX, Charge off as of XX/XX/XXXX, Repossession as of XX/XX/XXXX XXXX willfully continued to report inaccurate information. After updating my credit report following the reinvestigation, my payment history status was updated to reflect Charge off as of XXXX and Repossession as of XX/XX/XXXX. How can the status go from Charge Off to Reposession? Inaccurate and false information was clearly updated on my credit report. 

My credit report also contains the following duplicate XXXX  XXXX XXXX XXXX account with the same account number. My credit report is misleading and implies that I had two  separate auto loans from the same company, opened on different dates. This is absolutely false. There should have only been one account listed from XXXX XXXX XXXX XXXX on my credit report. Please revisit the following duplicate account and I request to have it removed from my credit report immediately. 

Account Name : XXXX  XXXX XXXX XXXX Account Number : XXXX Date opened : XX/XX/XXXX Status : Paid, Closed Original Balance : {$22000.00} Terms : XXXX  months Payment history : XXXX  days past due as of XXXX XXXX XXXX  days past due as of XX/XX/XXXX After the dispute, payment history was updated to : XXXX days past due as of XXXX XXXX XXXX days past due as of XX/XX/XXXX As a result of the reinvestigation of my dispute, XXXX XXXX that the information is accurate and information that was updated was still inaccurate. 

XXXX responded to another dispute to reinvestigate the account : XXXX XXXX XXXX XXXX with report number XXXX. The reinvestigation resulted in the item I disputed being updated, remaining on my credit report. 

Account Name : XXXX  XXXX XXXX XXXX Account Number : XXXX Date Opened : XX/XX/XXXX Status : Account charged off. {$940.00} written off. {$1900.00} past due as of XX/XX/XXXX Balance : {$1900.00} Original Balance : {$23000.00} Highest Balance : {$0.00} Terms : XXXX  months Payment history : XXXX  days past due as of XXXX XXXX XXXX days past due as of XXXX XXXX XXXX days past due as of XX/XX/XXXX, Repossession as of XX/XX/XXXX, Repossession as of XX/XX/XXXX, Charge off as of XX/XX/XXXX to XX/XX/XXXX The payment history was updated again with inaccurate information. Now the status is Repossession as of XX/XX/XXXX, but it was Charged off as of XX/XX/XXXX before, and now the account was charged off as of XX/XX/XXXX when before it was Repossession as of XX/XX/XXXX. Its obvious there has been an inconsistency of information being reported on my credit report. 
The continuous reporting of a balance of {$1900.00} indicates an ongoing financial obligation, when in fact, there should be no balance being reported, being the account was charged off months ago. Here we are, months later after the account has been charged off still reporting a balance, and it continues to increase. 

The duplicate account : XXXX  XXXX XXXX XXXX still remains on my credit report inaccurately and following the reinvestigation resulted in the account being updated. Before the dispute, the account was listed on my credit report as : Account Name : XXXX  XXXX XXXX XXXX Account Number : XXXX Date opened : XX/XX/XXXX Status : Paid, Closed Original Balance : {$22000.00} Terms : XXXX  months Payment history : XXXX days past due as of XXXX XXXX XXXX  days past due as of XX/XX/XXXX Reported being closed in XX/XX/XXXX After the dispute, the account was listed on my credit report as : Account Name : XXXX  XXXX XXXX XXXX Account Number : XXXX Date opened : XX/XX/XXXX Status : Paid, Closed Original Balance : {$22000.00} Terms : XXXX  months Payment history : XXXX  days past due as of XXXX XXXX XXXX  days past due as of XX/XX/XXXX Reported being closed in XX/XX/XXXX I have attempted multiple attempts to resolve my credit report disputes, directly with the credit reporting agencies without success. The credit reporting agencies continues to violate the law by reporting erroneous and inaccurate information on my credit report after filing disputes for reinvestigation of these accounts. As a result, this false and inaccurate information continues to cause actual damaging harm and is grounds for removal and the credit reporting agencies fail to do that, consciously avoiding that the information is inaccurate. The credit reporting agencies is blandly avoiding FCRA compliance by using templated investigation processes and rote, computer-generated responses that absolutely does not offer a reasonable, thorough or complete resolution of my consumer complaint. 

Its evident the credit reporting agencies are not being enforced to abide my the FCRA regulations. XXXX, Equifax and XXXX is regularly, without any regard, violating FCRA requirements by failing to investigate or respond efficiently to my constant dispute requests, even when submitted by third parties. The consumer reporting agencies is proving that they have little care to treat consumers fairly when our credit reports possess errors. This ongoing issue has inflicted serious harm and injury arising from all three credit reporting agencies faulty /deceptive dispute process. 


XXXX, Equifax and XXXX negligently failed to comply with the requirements of FCRA by : Failing to maintain reasonable procedures designed to avoid violations of section 15 U.S.C 1681c ( 15 USC 1681 ( e ) ( a ) ) Failing to respond to my credit report dispute request within statutory timeframe Failing to perform a reasonable and thorough investigation to assure maximum possible accuracy of my credit report ( 15 USC 1681e ( b ) ) Failing to conduct a reasonable reinvestigation of my disputes to determine whether the information disputed is inaccurate ( 15 U.S.C Sec. 1681i ( a ) ). 
Failing to correct erroneous information contained in my inaccurate credit report after repeated and reasonable requests Failure to make the account in dispute As a direct and proximate cause of XXXX  failure to perform its duties under the FCRA, I have suffered, and continue to suffer substantial injury, actual damages including injury to my credit worthiness, emotional distress, lost opportunity to receive credit and increased difficult obtaining credit as a result of the credit reporting agencies violations of the FTC Act and the FCRA, 15 USC 1681 et. seq. This includes higher interest rates, loan rejection, decline in credit limit increase, and difficulty obtaining a car loan and more. In addition, I have suffered embarrassment, XXXX, humiliation and other emotional injuries as a result of errors on my credit report and credit worthiness. 

XXXX actions clearly reflect poor response efforts and lack of compliance required by the major credit reporting agencies. 

FIRST CLAIM OF RELIEF ( FCRA - 15 U.S.C. 1681n ) I reallage paragraphs 1-10 as if fully set forth herein. 

XXXX, XXXX and Equifax committed willful violations of the FCRA under 15 U.S.C. 1681n et. seq. including but not limited to : a ) failing to follow reasonable procedures to assure maximum possible accuracy of the information in consumer reports, as required by 15 U.S.C. 1681e ( b ) : b ) failing to comply with the investigation requirements in 15 U.S.C 1681i ; c ) failing to follow reasonable procedures, as required by 15 U.S.C 1681h ( e ) ; d ) failing to provide sufficiently conspicuous notice of my rights to have my corrected credit report pursuant to 15 U.S.C 1681i ( d ) ; e ) maintains no reasonable procedures to verify information as required by 15 U.S.C 1681g ; f ) negligently and willfully violated 15 U.S.C. 1681s-2 by reporting information with actual knowledge of errors As a result of XXXX, XXXX, and Equifaxs violations of the FCRA, I have suffered injuries including my denial of a auto loan recently applied for, continues to suffer, and will suffer future damages, including denial of credit, frustration, emotional distress, humiliation, worry, lost opportunity to receive credit, damage to reputation, and embarrassment, all to my damages in the amount exceeding {$30000.00} ( XXXX USD ), or an amount to may be determined by the court. 
I am entitled to punitive damages in an amount to be determined by the court. 
I am entitled to actual and statutory damages in an amount to be determined by the court. 
I am entitled to attorney fees, pursuant to 15 U.S.C 1681n ( a ).

SECOND CLAIM FOR RELIEF ( FCRA - 15 U.S.C 1681o ) I reallege paragraphs 1-10 as if fully set forth herein. 
XXXX, XXXX and Equifax committed negligent violations of the FCRA under 15 U.S.C 1681o et. seq. including but not limited to : a ) failing to follow reasonable procedures to assure maximum possible accuracy of the information in consumer reports, as required by 15 U.S.C. 1681E ( B ) : b ) failing to comply with the investigation requirements in 15 U.S.C 1681i ; c ) failing to follow reasonable procedures, as required by 15 U.S.C 1681h ( e ) ; d ) failing to provide sufficiently conspicuous notice of my rights to have my corrected credit report pursuant to 15 U.S.C 1681i ( d ) ; e ) maintains no reasonable procedures to verify information as required by 15 U.S.C 1681g ; f ) negligently and willfully violated 15 U.S.C. 1681s-2 by reporting information with actual knowledge of errors As a result of XXXX, XXXX, and Equifaxs violations of the FCRA, I have suffered actual damages including transportation expenses through XXXX, etc. arising from the denial of an auto loan, credit limit increase denials for existing credit cards, continues to suffer, and will suffer future damages, including denial of credit, frustration, emotional distress, humiliation, worry, lost opportunity to receive credit, damage to reputation, and embarrassment, all to my damages in the amount exceeding {$30000.00} ( XXXX USD ), or an amount to may be determined by the court. 
I am entitled to punitive damages in an amount to be determined by the court. 
I am entitled to actual and statutory damages in an amount to be determined by the court. 
I am entitled to attorney fees, pursuant to 15 U.S.C 1681o ( a ). 


To resolve this problem, I am seeking and would appreciate equitable monetary relief, as well as an immediate removal of both these negative and inaccurate XXXX  XXXX XXXX XXXX accounts from my credit report from all three credit bureaus. As the act of good faith, and settling this matter, I look forward to receiving monetary compensation, in the amount of {$10000.00} ( XXXX XXXX USD ). Based on pieces of evidence, I offered a reasonable, fair solution to settle this matter. 

Please be advised payment must be made in the form of a certified funds, such as money order or cashiers check. Kindly send cash payment by check to my address listed in this document. 
Enclosed are copies of my records ( certified electronic receipts, dispute letters, etc. ) I look forward to your immediate action on my claim. 

Sincerely, Consumer

Company response to consumer: Closed with explanation