Consumer complaint received 2023-04-05
Company: EQUIFAX, INC.
State: WA
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: Investigation took more than 30 days

Complaint:
Hello, I am writing to dispute the negative information on my credit report that has been reported by the medical creditor with the account number XXXX. It has been brought to my attention that Equifax has listed this account as a collection account, despite the fact that I have never received any notification from the creditor regarding this account. Furthermore, the other XXXX credit bureaus have not reported any negative information on my account. 

I believe that this creditor has violated the Fair Credit Reporting Act ( FCRA ) and the Fair and Accurate Credit Transactions Act ( FACTA ). Specifically, sections 611 ( a ) and 623 ( a ) of the FCRA may have been violated, as they require credit reporting agencies to notify consumers of negative information being reported about them and for furnishers of information to notify credit reporting agencies of any disputes filed by the consumer. Additionally, section 312 of the FACTA may have been violated, as it requires furnishers of information to ensure the accuracy and completeness of the information they report to credit reporting agencies.

Dispute the accuracy of the information that has been reported on my credit report by Equifax, XXXX, and XXXX. The following account has been reported inaccurately and has caused me significant distress : Creditor : XXXX XXXX XXXX XXXX XXXX Number : XXXX According to Equifax, the high credit balance was not reported, but XXXX and XXXX both showed a balance of {$21000.00}. Additionally, XXXX and Equifax did not report the credit limit, but XXXX showed it as {$0.00}. Furthermore, XXXX and Equifax did not report the monthly payment, but XXXX showed it as {$0.00}. All three bureaus have reported the payment status as charge-off. However, I never received any notification from them regarding this charge-off account, and they never provided any paperwork to me. 

These discrepancies have resulted in a negative impact on my credit score, making it difficult for me to obtain loans or credit cards, and have caused me significant emotional distress. The inaccuracies have affected my ability to secure a mortgage for a new home, which has put a tremendous amount of strain on my family and me. 

Based on the information provided, it appears that several laws have been violated. Specifically, sections 607 ( b ) and 623 ( a ) ( 1 ) ( A ) of the FCRA may have been violated, as credit reporting agencies are required to report accurate credit information, including credit limits and payment history, and furnishers of information must provide accurate and complete information to credit reporting agencies. Additionally, sections 807 ( 2 ) ( A ) and 809 ( a ) of the FDCPA may have been violated, as debt collectors are prohibited from making false representations about the character, amount, or legal status of any debt, and must send consumers written notice of their rights within five days of the initial communication. Finally, sections 128 ( a ) ( 2 ) ( A ) and 164 ( a ) ( 1 ) of TILA may have been violated, as creditors are required to disclose the amount financed and finance charge to consumers in a credit transaction and must provide written notice of any charge-off of an account to consumers. 

XXXX XXXX. Their account number is XXXX. According to XXXX, the payment status is a collection account, but I have never received any notification from XXXX XXXX regarding this collection account, nor have they provided any paperwork to support this claim. Additionally, XXXX and Equifax are not reporting any negative information on my account. 

Furthermore, XXXX is reporting a credit limit of {$0.00}, while XXXX and Equifax are not reporting any credit limit information. Also, XXXX is reporting a last reported date of XX/XX/2023, which is more recent than the dates reported by XXXX and Equifax. 

These inaccuracies are in violation of the Fair Credit Reporting Act ( FCRA ), specifically sections 607 ( b ), 611 ( a ), and 623 ( a ) ( 1 ) ( A ) of the FCRA. Section 607 ( b ) requires that credit reporting agencies report accurate credit information, including credit limits and payment history. Section 611 ( a ) requires that credit reporting agencies notify consumers when negative information is being reported about them. Section 623 ( a ) ( 1 ) ( A ) requires that furnishers of information provide accurate and complete information to credit reporting agencies.

In addition, these inaccuracies are in violation of the Fair Debt Collection Practices Act ( FDCPA ), specifically sections 807 ( 2 ) ( A ) and 809 ( a ) of the FDCPA. Section 807 ( 2 ) ( A ) prohibits debt collectors from making false representations about the character, amount, or legal status of any debt. Section 809 ( a ) requires debt collectors to send consumers written notice of their rights within five days of the initial communication.

This inaccurate information has had a significant negative impact on my life. It has caused me to be denied credit and has resulted in me being charged higher interest rates on loans. It has also caused me to miss out on job opportunities as some employers conduct credit checks as part of their hiring process. 

Therefore, I am requesting that XXXX XXXX remove this unverified account from my credit report immediately. I urge you to enforce the legal protections provided by the FCRA and FDCPA to ensure that accurate and complete information is being reported about me. 

Thank you for your attention to this matter. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation