Consumer complaint received 2023-08-14
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem — Was not notified of investigation status or results
Company: EQUIFAX, INC. (IL)

I am writing to formally lodge a complaint concerning actions taken by a credit reporting agency in relation to my credit reports. In response to my inquiry, I recently received a communication indicating that the investigation had been halted due to assumptions about my engagement with a third-party credit repair agency. This response raises concerns about compliance with the Fair Credit Reporting Act ( FCRA ) and suggests an attempt to prolong the resolution process. 

I understand that third-party involvement has been cited as a reason for discontinuing the investigation. However, it is important to emphasize that there is no legal basis for dismissing my complaint based on third-party engagement. The FCRA explicitly acknowledges the consumer 's right to seek third-party assistance when navigating credit reporting complexities. This legislative recognition underscores the intricacies involved and the need for consumer support. The attempt to discredit my complaint using this premise is disheartening. 

Furthermore, I wish to emphasize that I reserve the right to take legal action against the credit reporting agency for potential FCRA violations. I believe that the agency has not upheld reasonable standards in ensuring the accuracy of information within my credit reports. The current situation, wherein it appears that the agency is engaging in tactics to delay resolution, adds to my concern that they might not be fulfilling their obligations under the FCRA. 

In light of these concerns, I assert that the credit information being reported is both inaccurate and incomplete. It is distressing that misleading information is included in my credit profile while the agency fails to maintain reasonable operational procedures to ensure accuracy in the credit reports they distribute. I am meticulously documenting our correspondence, which may be used in the filing of a complaint with the Federal Trade Commission ( FTC ) if non-compliance continues. 

It is essential to emphasize that the credit reporting agency appears to be in direct violation of the law, as outlined in 15 USC 1681b of the Fair Credit Reporting Act. This section explicitly outlines the permissible purposes of consumer reports and states that a consumer reporting agency may furnish a consumer report solely under specific circumstances, none of which involve the inclusion of information without clear written instructions from the consumer. In my case, I have not provided any such instructions regarding the information under dispute. 

Additionally, the Fair Credit Reporting Act, specifically in 15 USC 1681 ( 2 ) ( a ) ( i ), defines exclusions from a consumer credit report, explicitly mentioning that a " consumer report '' shall not encompass information solely related to transactions or experiences between the consumer and the entity responsible for reporting such information. The late payment entries highlighted in my complaint unambiguously fall within this category, making their presence on my credit report a clear violation of this provision. 

I hereby formally demand the prompt removal of the inaccurate late payment information from my credit report. The continued inclusion of these entries exacerbates the harm to my credit standing and constitutes a clear demonstration of willful noncompliance with the FCRA. Additionally, I insist on receiving an accurate and corrected credit report at no charge once the necessary corrections have been implemented. 

In the event that the credit reporting agency fails to respond adequately to this demand and neglects to rectify the inaccuracies in my credit report within a reasonable timeframe, I am prepared to pursue legal action against them. In such a scenario, I intend to seek damages amounting to {$1000.00} per violation, encompassing claims related to defamation of character, negligent enablement of identity fraud, violations of the Fair Debt Collections Practices Act ( 15 USC 1692g ), and willful noncompliance with the Fair Credit Reporting Act ( 15 USC 1681 ).

I anticipate a timely and appropriate response to these concerns and the resolution of the violations outlined in this complaint. I urge adherence to obligations under the law, specifically as stipulated in the Fair Credit Reporting Act, to ensure that credit reporting remains accurate, fair, and transparent for all consumers.