Consumer complaint received 2019-03-13
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Credit monitoring or identity theft protection services — Billing dispute for services
Company: EQUIFAX, INC. (KS)

This correspondence is in response to XXXX CFPB response to Complaint ID XXXX dated XX/XX/XXXX ( reference in attachments below ). In Navients response I was told, The Fair Credit Reporting Act requires lenders and servicers, such as XXXX, who report information to the consumer reporting agencies to do so with accuracy. Therefore, we can not remove accurate information from your credit report. Contrary to these assertions, by failing to update previously reported information, XXXX is in violation of Section 623 ( a  ) ( 2 ) of the FCRA.

Section 623 ( a ) ( 2 ) of the FCRA is how a lender is to handle a situation when subsequent information updates a report that was allegedly accurate when it was made but no longer is accurate in the present time ( i.e., the identical situation I am currently in ). 
Section 623 ( a ) ( 2 ) of the FCRA addresses the duty to correct and update information by furnishers, or persons who furnish information to consumer reporting agencies ( CRA ) such as credit bureaus. In particular, this section requires a person that has furnished to a consumer reporting agency information that the person determines is not complete or accurate to promptly notify the consumer reporting agency of that determination and provide any information needed to make it complete and accurate. Thus, on its face, this provision requires a furnisher to provide corrected or updated information to the consumer reporting agency that it had reported to originally. This duty extends to all student loan accounts reported to CRAs, regardless of whether they were accurate at one point, because the section requires the furnisher both to update accounts as well as to correct. 
XXXX CFPB response to Complaint ID XXXX dated XX/XX/XXXX states, A review of your account shows that you cancelled the pending payment for XX/XX/XXXX when you spoke with us on XX/XX/XXXX and advised that you would call back and make a double payment in XX/XX/XXXX. When calling back in XXXX, you cancelled the pending XX/XX/XXXX payment and rescheduled a double payment for the last day of the month. When speaking with you on XX/XX/XXXX we advised you the account was current as we were reflecting the XX/XX/XXXX double payment. During this call you also cancelled the XX/XX/XXXX payment. However, the day after the call, the XXXX payment was rejected by your bank. A notice was sent to you the same day the bank notified XXXX that the payment was rejected. Your XX/XX/XXXX payment was also rejected by your bank. A review of your account shows that you updated your address with XXXX in XX/XX/XXXX ; however, you continued to receive email correspondence as originally requested in XX/XX/XXXX. Based on your request we have conducted an investigation which confirmed the information we provided to the consumer reporting agencies is accurate. 

The statements above show multiple times where XXXX failed to properly inform me of any impending and current missed payments on my account. XXXX representatives state, A notice was sent to you the same day the bank notified XXXX that the payment was rejected. I never received any notice from XXXX at either of the addresses I was residing at during the months of XXXX and XXXX ; I also never received any notice at my present address for the entire year my mail was forwarded from my previous address ( reference attached email confirmation of mail forwarding from USPS ). XXXX representatives also state email correspondences were sent to me, which I dont have any record of receiving, and email is not an acceptable form of correspondence by a lender to inform someone of impending and current missed payments. 
The statements in XXXX CFPB response also show how I acted properly with XXXX customer service representatives by scheduling days for payments to be made on my account. I scheduled for both XXXX XXXX payment and XXXX XXXX payment to be made on XX/XX/XXXX to which a XXXX representative informed me I would receive no late payment penalty for paying on XX/XX/XXXX. To ensure the XX/XX/XXXX payment was received, I called XXXX over two weeks after the payment was made on XX/XX/XXXX to verify receipt of payment, to which I was advised by a XXXX customer service representative my account was current ; due to this statement from XXXX, and with further assurance from the XXXX representative I wouldnt receive any late payment penalties, I cancelled my XX/XX/XXXX payment and scheduled a new payment for XX/XX/XXXX. Afterwards, and without my knowledge, XXXX concluded my XX/XX/XXXX payment wasnt received. I reviewed my bank records and there are no return item fees in XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, nor XX/XX/XXXX. I have already had a documented instance with XXXX in XX/XX/XXXX where a scheduled payment was not processed correctly by XXXX ; this occurred during a three-month probation period for a new payment plan where I was almost disqualified from the program due to a XXXX payment processing error. XXXX admitted fault over the phone for this error and ensured my eligibility to maintain myself within the new payment program. I believe a similar issue occurred for the payments XXXX claims werent accepted by my bank for the scheduled payment made in XXXX and for the scheduled payment made in XXXX. 
Due to XXXX failure to not only process my scheduled payments correctly, but due to XXXX failure to properly inform me of impending and current missed payments, the fault for the missed payments in XXXX and XXXX of XXXX are XXXX responsibility to correct. Since I am not at fault for XXXX   mishandling of my account and I acted in a responsible manner to verify receipt of payments with XXXX, I am thus requesting that in compliance with Section 623 ( a ) ( 2 ) of the FCRA that the nine accounts showing a 60-day and 90 day late payment in XXXX and XXXX of XXXX be updated, corrected, and removed. 
In the event these reports are not immediately updated to accurately reflect a status of no missed payment for the months of XXXX and XX/XX/XXXX, I intend on filing disputes with each credit bureau in addition to official complaints with the FTC, CFPB, XXXX, and pursue other legal routes if necessary.