Consumer complaint received 2024-10-05
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: EQUIFAX, INC. (FL)

XXXX XXXX XXXX XXXX XXXX Attn : Dispute Department XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Equifax XXXX XXXX XXXX XXXX XXXX XXXX Re : Formal Dispute Regarding Account # XXXX ( XXXX  XXXX ) ** To Whom It May Concern, I am writing to formally dispute the accuracy of the reporting on my XXXX  XXXX account, as outlined in the credit reports provided by XXXX XXXX XXXX, and Equifax . This letter serves as an official request for the immediate removal of this account from my credit profile under the Fair Credit Reporting Act ( FCRA ) and relevant case law. 

Account Information : Account Number : XXXX High Balance : {$2500.00} Date Closed : XX/XX/XXXX Status : Charged Off/Closed by XXXX XXXX Balance Owed : {$2500.00} Payment Status : Collection/Charge-Off Credit Limit : {$2000.00} After reviewing my credit report, I have identified several discrepancies and inaccuracies that violate federal law. Under Section 1681s-2 of the Fair Credit Reporting Act ( FCRA ), furnishers of credit information, including XXXX  XXXX, have an obligation to ensure that the data they report is accurate and free of any misrepresentation. The reporting of this account, as it stands, fails to meet these standards for the following reasons : 1. Failure to Verify the Debt ( 15 U.S. Code 1692g ) : Under the Fair Debt Collection Practices Act ( FDCPA ), XXXX  XXXX has failed to provide accurate validation of this debt, including original account documentation and a proper breakdown of the amount allegedly owed. In XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, it was established that a creditor must provide clear, factual verification of a disputed debt, which XXXX XXXX has failed to do. Without proper verification, this debt is considered invalid.

2. Incorrect Reporting Across Credit Bureaus : There are inconsistencies in the reporting of the date of last activity across the three major credit bureaus, which contradicts the FCRAs requirement that all information reported must be accurate and consistent. As such, the continued reporting of this account in its current form is a violation of 15 U.S.C. 1681i. The inaccuracies in the reporting are grounds for removal.

3. Charge-Off Violation : The reporting of a charge-off status while the account continues to reflect a balance is misleading and violates 15 U.S.C. 1692e of the FDCPA, which prohibits the use of deceptive means to collect or attempt to collect a debt. A charge-off, by definition, is an account that the creditor no longer expects to collect. The account can not be reported as both charged off and still owing the full balance. 
4. Improper Cancellation and Reporting : This account was canceled by XXXX XXXX for inactivity, yet it has been reported as a collection/charge-off. In XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, the court upheld that inaccurate or misleading reporting, especially where the cause of the account closure contradicts the reason for the charge-off, is grounds for immediate correction or deletion from a consumers credit report. 

For these reasons, I demand that XXXX XXXX immediately cease the reporting of this account as derogatory and remove all associated data from my credit reports with XXXX, XXXX, and Equifax. Please consider this my formal dispute under 15 U.S. Code 1681i of the Fair Credit Reporting Act. 

I request written confirmation of the removal within 30 days, as required by law. If this issue is not resolved promptly, I will escalate my complaint to the Consumer Financial Protection Bureau ( CFPB ) and consider pursuing legal action. 

Thank you for your attention to this matter. I look forward to your timely response. 

Sincerely, XXXX XXXX XXXX