Consumer complaint received 2024-08-14
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: EQUIFAX, INC. (IN)

FINAL FACTUAL DISPUTE I am writing to address the continued violations of my rights by your agencies. Despite clear instructions, you have persisted in attempting to verify the responses from the reporting agency, which is NOT what I requested. This ongoing behavior constitutes a violation of my rights, and I demand it cease immediately. 
I have opted out of any and all authorizations I may have given, whether written, unwritten, verbal, or non-verbal, per 15 USC 6802 XXXX XXXX XXXX ), codified in 16 CFR 313. This decision became effective immediately and indefinitely on XX/XX/XXXX. Due to a lack of appropriate responses from your agencies, I filed complaints with the Consumer Financial Protection Bureau ( CFPB ) on XX/XX/XXXX. 
The following reportings were put on notice of my opt-out decision XXXX XXXX XXXX XXXX ( Closed Account XXXX XXXX XXXX ( Closed Account ) Your actions constitute an invasion of my privacy under the Privacy Act of 1974, specifically under 15 USC 552a and 34 CFR Part 99. A charge-off is labeled as a certificate of indebtedness and is technically considered income per IRS Publication 4681 ( " Canceled Debts, Foreclosures, Repossessions, and Abandonments '' ). Income is not reportable and must be removed. This means that XXXX XXXX and XXXX XXXX XXXX have been reporting inaccurate information, violating 15 USC 1681. 
Furthermore, XXXX XXXX XXXX  is reporting as XXXX XXXX XXXX to EQUIFAX and XXXX but as XXXXXXXX XXXX XXXX to XXXX, which is a clear violation of 15 USC 1681 and 12 CFR 1022.20 for furnishing inaccurate information. It is a fact that the charge-offs reported on my credit file may not have been reported accurately. Under 15 USC 1681b, information furnished must be accurate, and any inaccuracies must be corrected or removed from my report. 
I have refused to pay XXXX XXXX ( closed account ending ) and XXXX XXXX XXXX. According to 15 USC 1692c, If a consumer notifies a debt collector that the consumer refuses to pay a debt, the debt collector must cease all communication. If XXXX, XXXX XXXX, and XXXX XXXX XXXX continues to report to any credit reporting agency from this day forward, it will be considered communication. 
XXXX XXXX ( Closed Account ending ) reported to Equifax that they closed the account on XX/XX/XXXX but reported that they closed the account on XX/XX/XXXX. The inaccurate reporting of this information does not comply with the standards set forth in 15 U.S.C. 1681i. 
Each day that EQUIFAX, XXXX, and XXXX continue to report these accounts causes me, a federally protected consumer, great harm, damage, distress, and injury. Despite showing the Credit Reporting Agencies my opt-out notices, they have continued to report, which now amounts to discrimination against me for exercising my federally protected rights pursuant to 12 CFR 1022.140.

As a federally protected consumer under the CFRA, I am now opting out of any and all authorization pertaining to the reporting of the utilization of the following active. 
XXXX XXXX active account Any DEPT OF EDXXXX ACCOUNTS XXXX 
This decision is effective immediately and indefinitely, per 15 USC 6802.

ThXXXX XXXX XXXX XXXX XXXX XXXX mandates that as a federally protected consumer, privacy and opt-out notices must be clear and conspicuous from furnishers. These notices must be sent annually, which I have not received. A consumers right to opt out is found in 12 CFR Part 1016.

The FCRA prohibits the inclusion of misleading information that could adversely affect the consumers creditworthiness. Reporting utilization on an installment loan like a student loan is misleading, as utilization ratios are relevant only to revolving credit accounts. This violates 15 U.S.C. 1681e ( b ), which requires CRAs to follow reasonable procedures to assure maximum possible accuracy of the information in consumer reports.According to the guidelines issued by the Consumer Financial Protection Bureau ( CFPB ) and industry practices, utilization ratios are not typically applied to installment loans. Therefore, this reporting method constitutes an inaccurate portrayal of my credit profile, violating 15 U.S.C. 1681s-2 ( b ), which obligates data furnishers to correct and update information. 
Finally, 16 CFR 433.2 states that any holder can uphold their rights, and as a holder of the contract, I am enforcing mine. Under 16 CFR 433.3, these regulations have applied since XX/XX/XXXX. 
I expect immediate compliance with my opt-out notice and the cessation of all inaccurate reporting. At this point. Any continued non-compliance will result in further legal action. This is ridiculous. This is your final warning to cure all the harm youve caused.