Consumer complaint received 2023-02-12
Company: EQUIFAX, INC.
State: VT
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 am filing this complaint because I was given verification for an investigation of inaccurate information that was placed on my credit report by Equifax, and the information is still inaccurate. I sent the ( attached below ) dispute letter to Equifax on XX/XX/XXXX through certified mail with tracking number XXXX XXXX XXXX XXXX XXXX ( certified mail receipt attached below ). The following accounts : XXXX XXXXXXXX xxxxxxxxxxxx XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX show up on my consumer report as a charge off. I explicitly put Equifax on notice that they are violating 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.

( B ) Reporting information after notice and confirmation of errors. There are 2 clear FCRA violations right there. As defined by the IRS, Even if you didnt receive a form 1099-c, you must report canceled debt as gross income on your tax return unless one of the exceptions or described exclusions later applies The IRS clearly defines a charge off as gross or ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT!

By definition the IRS clearly states that a canceled or charged off debt is income.The reporting of this account as a debt is inaccurate. I was never sent a copy of the 1099-c form that was supposed to be filed. 
I demand that these accounts be deleted from my credit report immediately, and I wish to be compensated {$1000.00} for both of these egregious violations perpetrated by Equifax. They were warned, and asked to change the information and they willfully decided to not comply with my lawful requests, and to violate the FCRA. 
The information is in fact inaccurate, the continued reporting of this inaccurate information is a clear violation of the law 15 USC 1681s-2. On top of these 2 violations, The following accounts are still reporting late payments on my consumer report : XXXX XXXX XXXX XXXX which has 6 instances of late payments reported from XX/XX/XXXX to XX/XX/XXXX. XXXX XXXXXXXX xxxxxxxxxxxx XXXX which has 7 late payments reported from XX/XX/XXXX to XX/XX/XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX which shows 1 late payment XX/XX/XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX shows 4 late payments reported from XX/XX/XXXX to XX/XX/XXXX. That is a total of 18 reported late payments on my consumer report by Equifax AFTER they were put on notice that they are in clear violation of USC 15 1681b permissible purpose of consumer reports ; THE LAW CLEARLY STATES 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 instruction of the consumer to whom it relates I DID NOT GIVE EQUIFAX WRITTEN INSTRUCTION TO FURNISH THIS INFORMATION. Furthermore the fair credit reporting act 15 USC 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- Subject to section 1681 ( s ) of this title any- ( i ) reports containing information solely as to transactions and experiences between the consumer and the person making the report.

Late payments IS information pertaining to transactions, and experiences. I demand that these late payments be deleted from my consumer report immediately, and I demand to be compensated {$1000.00} for each of the 18 violations of willful noncompliance by Equifax. Equifax was put on notice to delete these late payments and they chose willfully not to comply with the law. Defamation of character ( per se ) Negligent enablement of identity fraud Fair Debt collections Practices Act 15 USC 1692 ( g ) Violations Fair Credit Reporting Act 15 USC 1681 violations for willful noncompliance- 616 civil liability for willful noncompliance [ 15 USC 1681 ( n ) ]. I also have major inaccuracies in the personal information reported by Equifax, even after they stated that they have verified all the information on my consumer report. It states that my date of birth is XX/XX/XXXX, when in fact this is inaccurate information I was born in XXXX. This is another violation that I demand be corrected, and I demand compensation of {$1000.00} for this violation, Equifax was told to verify this information and they still are reporting this inaccurate information on my consumer report. Also, in personal information on my Equifax consumer report, it still states after asking Equifax to verify all my information, that I am formerly known as XXXX XXXX. XXXX, who is XXXX XXXX. XXXX? I have no association with anyone with this name, and that certainly isn't me. I've only ever had 1 name and that is not it. This is another violation, Equifax was asked to correct and verify any information on my report, and they are still furnishing this inaccurate name on my consumer report. I demand that this false name be taken off of my consumer report, and I demand to be compensated {$1000.00} for this violation that I asked them to verify, and they willfully non complied and kept this false information on my report. In my Contact information on my Equifax consumer report, it states my former address as XXXX XXXX XXXX XXXX XXXX XXXX, VT XXXX this is not at all my address and this information is inaccurate information. This is another violation I demand be taken off my consumer report and I demand to be compensated {$1000.00} for this violation that was willfully kept on my consumer report after telling Equifax to verify all the information on my consumer report. All of these blatant violations of the law that have been inaccurately reported on my consumer report by Equifax have caused me a tremendous amount of financial hardship and stress. I am unable to acquire a comfortable living situation, get a reliable source of transportation, or obtain financing for a business I have been trying to start, due to this inaccurate information devastating my consumer reports and scores. I have counted a total of 22 clear violations of the FCRA, I asked Equifax to verify and correct any information on my consumer report and it seems that they not only don't care to report my information correctly, but they also don't care to follow the laws set in place to protect us consumers.

Company response to consumer: Closed with explanation