Consumer complaint received 2023-03-16
Company: EQUIFAX, INC.
State: LA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
I'm filing this complaint as it has been evident that there is a blatant disregard for compliance with federal law by the credit reporting agencies. I have a direct issue with the reporting of a late payment that is being reported on my XXXX XXXX XXXX account. I firmly believe that there has not been a thorough investigation following the filing of my first complaint. I would like the credit reporting agencies to ensure the financial company filing this information can provide direct proof of when the payment made reached the financial institution 's corporate income account. I highly suspect that the financial institution will not provide proof of their general ledger that shows the date/time and amount paid for this account. I also firmly believe that my first complaint was merely handled by highly skilled computer software employed by the credit reporting agencies to deter my efforts of debating this issue. I would again like to reference the federal laws to which the credit reporting agencies are required to comply with under the Fair Credit Reporting Act. First and foremost, each and every credit reporting agency is disregarding the most vital of all terms. Under 15 U.S.C. Code 1681 A ( 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. This above mentioned code directly excludes the reporting of any " transactions '' which includes the reporting of late payments. Therefore, the reporting of this late payment should be removed immediately as it is in direct violation of Federal Law. I also would like to further indicate that the credit reporting agencies again are in further violation of law by their disregard to 15 U.S.C.1666 b Timing of Payments. 15 U.S.C. Code 1666 b Timing of payments clearly states ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. There was never a formal notice sent 21 days prior to the reporting of this late payment being recorded and now being visible from the credit reporting agencies. Lastly, I further identify that the credit reporting agencies are in violation of federal law for not one, not two, but for yet a third time with their direct disregard of 15 U.S.C. Code 6802 more specifically section ( b ) as it states ; ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. The credit reporting agencies have never once provided me the opportunity to opt out of any information that has been reported to the credit reporting agencies on my behalf. The reporting of this item has negatively impacted my credit report and credit score which is causing me financial distress during these challenging times as I'm currently having an inability to properly secure funding for my personal needs and corporate needs to maintain my small business activity. I demand that there is some action at this time as I'm running out of options with consideration of legal recourse in the very near future to help resolve these disputes and seek punitive damages from the financial anguish being endured by the disregard of Federal Law enacted to protect the American citizens.

Company response to consumer: Closed with explanation