Consumer complaint received 2022-03-02
Company: EQUIFAX, INC.
State: GA
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 recently pulled a copy of my consumer report and noticed 7 items that are in direct violation of my consumer rights under 15 USC 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.

15 USC 1681a ( 2 ) ( i ) which is Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; I have a right to privacy. Remove and block these items listed below : 1. XXXX XXXX XXXX XXXX 2. XXXX XXXX XXXXXXXX XXXX 3. XXXX XXXXXXXX XXXX XXXX XXXXXXXX 4. XXXX XXXX XXXX XXXX 5. XXXX XXXX XXXX 6. XXXX XXXX XXXX XXXX 7. XXXX XXXX XXXX I have sent multiple letters requesting the deletion of late payments due to direct violation of my consumer rights. 
I recently received a copy of my XXXX credit report, and I noticed some late payments posted on my credit report. 

XXXX XXXX  showing 30 days past due for XX/XX/2021 and XX/XX/2021 Instead of deleting these negative late remarks you stated they accounts was verified and updated but nothing was changed. I DEMAND DELETION OF THESE NEGATIVE REMARKS DUE TO THE VIOLATIONS LISTED BELOW. 

Your company is in clear violation of the law. Under 15 U.S. Code 1681b - Permissible purposes of consumer reports, THE LAW CLEARLY STATES : ( a ) IN GENERAL Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. 


Did I give you written instructions to furnish this account on my credit report? 
Furthermore, the FAIR CREDIT REPORTING ACT 15 U.S. Code 1681 ( 2 ) ( A ) ( i ) Exclusions from a consumer credit report clearly states : ( 2 ) EXCLUSIONS.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Transaction : payment history Experience : amount of credit using Line of credit : an experience what you use and how you use it/ swipe card : are all transactions Delete the above late payments from my consumer report, this is in violation of the FAIR CREDIT REPORTING ACT 15 U.S. Code 1681 Failure to respond satisfactorily with deletion of the above referenced account will result in legal actions being taken against your company, for which I will also be seeking {$1000.00} per violation for : 1. Defamation of Character ( per se ) 2. Negligent Enablement of Identity Fraud 3. Fair Debt Collection Practices Act 15 U.S. Code 1692g violations 4. Fair Credit Reporting Act 15 U.S. Code 1681 violations for willful noncompliance- 616. Civil Liability for willful noncompliance ( 15 U.S. Code 1681n ) These negative remarks and accounts reported were without my permission. 


THIS INFORMATION IS NOT INFORMATION RELATING TO ANY TRANSACATION BY THE CONSUMER. 

NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT You, XXXX are furnishing inaccurate and incorrect information to the consumer reporting agencies. 
The reporting of such inaccurate information has caused severe damage to my character, my reputation, my general mode of living and my ability to obtain credit for personal and house purposes.

You and your inaccurate reporting have damaged my livelihood.

15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION ( 1 ) PROHIBITION ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 
Duty : a moral or legal obligation ; a responsibility Accurate : correct in all details ; exact PROHIBITION : a law or regulation forbidding something As Defined by the IRS The IRS Clearly defies a charge off as Gross or Ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes your reporting of this account inaccurate!

By Definition The IRS Clearly says a Cancelled or Charge off is income. The reporting of this account as a debt is inaccurate.

15 USC 1681 s-2 Says you XXXX are a furnisher of information to a consumer reporting agency. 
You are PROHIBITED BY LAW to furnish inaccurate information. I demand you to Cease and Desist the reporting of incorrect/inaccurate information immediately.

15 USC 1681 s-2 ( a ) ( 1 ) ( A ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 
You are hereby put on NOTICE that you are furnishing incorrect inaccurate information.

The lender must file 1099-C and send you copy if the amount of the debt cancelled is $ XXXX more and the lender is a financial institution, credit union XXXX federal government agency, or other applicable entity as discussed earlier in chapter 1.

The above paragraph is taken directly from the IRS 2021 publication.

I have not gotten a 1099-C that should have been sent when the furnisher reported this account and Filed the account as a cancelled debt but they have not so they are in violation of reporting inaccuarate information as well as XXXX due to I asked for a complete investigation into this matter and was replied back that you have and the account was verified and accurate but it is not.

15 U.S. Code 1681s2 ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION ( 1 ) PROHIBITION ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate In conclusion I have shown you and you have been put on notice that you are reporting inaccurate information. The information is, in fact, inaccurate.

The continued reporting of this inaccurate information is a clear violation of the Law 15 USC 1681 s-2 of your responsibilities as a furnisher of information.

You have caused me and my family severe harm due to your negligence and inaccurate reporting. This is a final opportunity to Cure and DELETE This Erroneous, Inaccurate account from my consumer report.

You have four [ 4 ] days to REMOVE THESE ITEMS FROM MY CONSUMER REPORT.

Company response to consumer: Closed with explanation