Consumer complaint received 2024-10-18
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: EQUIFAX, INC. (LA)

I am submitting this formal complaint regarding the inadequate investigation and improper credit reporting practices conducted by XXXX, XXXX, and Equifax in relation to a disputed collection account reported by XXXX XXXX XXXX, XXXX. 

Despite numerous attempts over the past several months to dispute this account and provide evidence proving that the debt is invalid, the credit bureaus have failed to take appropriate action. Their investigations have been inadequate, and they continue to report the account incorrectly. 

Specific Issues with the Investigation : Failure to Conduct a Proper Investigation : Under the Fair Credit Reporting Act ( FCRA 611 ( a ) ), the credit bureaus are required to conduct a reasonable investigation into disputed information. However, the responses I have received have been generic and automated, simply stating that the account has been " verified '' without considering the evidence I have provided. This failure to perform a thorough investigation has resulted in the continued reporting of inaccurate information. 

Improper Collection Reporting Under Louisiana State Law : The original creditor, XXXX XXXX, prematurely charged off the account XXXX days before the payment due date, violating the agreed-upon terms. 
No final demand letter was sent, as required by XXXX  Revised Statutes XXXX, before the debt was charged off and sold to XXXX XXXX XXXX. 
The debt is now time-barred under Louisianas three-year statute of limitations for open accounts ( Louisiana Civil Code 3494 ), making it ineligible for collection and reporting. 
These violations demonstrate that this debt should not have been reported to the credit bureaus in the first place and should have been deleted upon my initial dispute. 

Failure to Provide Proof of Debt : Despite multiple requests, XXXX XXXX XXXX has failed to provide valid proof of the debt, such as the original purchase agreement with my signature or a complete payment history. Under FCRA 611 ( a ) ( 1 ), if a debt can not be verified, it must be deleted from the credit report. The credit bureaus have ignored this requirement, allowing inaccurate information to remain on my reports. 

TransUnions Failure to Delete the Account : XXXX recently marked the disputed account as " closed '' rather than deleting it entirely. This is unacceptable and does not resolve the issue, as the account should not exist on my credit report at all. Merely " closing '' the account does not address the legal violations associated with its reporting. FCRA 611 ( a ) mandates the deletion of inaccurate or unverifiable information, not just its closure. 

Violation of My Consumer Rights : The continued reporting of this invalid account, along with the credit bureaus ' reliance on automated systems for their investigations, has caused significant stress and hardship. Their failure to conduct a proper investigation and correct the inaccuracies on my credit report is a direct violation of my rights under the FCRA