Consumer complaint received 2024-10-07
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. (NJ)

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX Equifax Re : Formal Credit Dispute - Fair Credit Reporting Act ( FCRA ) Violation Account Name : XXXX Disputed Account : # XXXX XXXX Disputed Amount : {$6700.00} Collection : XXXX Reference # XXXX .

Dear Sirs of Equifax, This communication is intended to lodge a formal dispute regarding the inaccurate and damaging information that Equifax is reporting on my credit file with regarding the account associated with XXXX XXXX and reflected under XXXX  Reference # XXXX. 
Dispute Summary The account in question is currently presented with the following contradictory and inaccurate statuses : 1. " Charged Off '' and simultaneously " Collection/Chargeoff, '' which is a duplication of status that causes confusion and violates the accuracy guidelines established under the Fair Credit Reporting Act ( FCRA, 15 U.S.C. 1681 et seq. ).

2. The current status also includes the annotation " Consumer disputes - reinvestigation in progress '', which indicates that the information is under review, but does not correctly reflect the request for complete deletion, as requested by the original creditor following confirmation of the completion of the collection efforts.

Basis Legal 1. Violation of the Fair Credit Reporting Act ( FCRA ) - 15 U.S.C. 1681e ( b ) Section 1681e ( b ) states that credit reporting agencies must " follow reasonable procedures to ensure the maximum possible accuracy '' of information contained in consumer reports. Presenting the account as Collection and Charged Off at the same time does not accurately reflect the true status of the debt, since a Charged Off account should not be shown as being in active collection simultaneously. Such duplication represents an error. of classification and violates this section.

2. Violation of 15 U.S.C. 1681i ( a ) - Dispute Resolution Procedure Under section 1681i ( a ), credit reporting agencies must thoroughly investigate any information dispute and remove Any data that is incorrect, inaccurate or can not be clearly verified. In this case, the duplicate status and the " reinvestigation in progress '' annotation indicate a lack of diligence in resolving the case and a violation of this provision.

3. Violation of the Fair Debt Collection Act ( FDCPA ) - 15 U.S.C. 1692e Section 1692e of the FDCPA prohibits any debt collection entity from using " false, misleading, or incorrect statements regarding the nature, character, and amount of any debt. '' Presenting the debt as " Charged Off '' and " Collection '' simultaneously violates this section by misleading about the true status of the account.

4. Violation of Metro Reporting Guidelines 2 - XXXX  The XXXX XXXX XXXX XXXX ( XXXX ) Metro Reporting Guidelines 2 clearly states that when a If an account has been reported as Charged Off and has been sold or transferred to a third party for collection, the original creditor must report a {$0.00} balance and the account closed. Maintaining both statuses not only violates industry standards, but It also negatively affects my credit profile.

Applicable Doctrines and Jurisprudence XXXX. XXXX v. Equifax Information Services LLC, XXXX. XXXX ( XXXX. XXXX XXXX ) The court ruled that conflicting reports of an account status, showing " Charged Off '' and " Collection '' simultaneously, constituted a violation of the FCRA by failing to reflect the consumer 's true financial situation. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ( XXXX XXXX. XXXX ) In this case, the court found that an incorrect classification of the account represents an unjustified harm under the FCRA, resulting in the need to correct the information or proceed with its deletion. 
XXXX. XXXX XXXX XXXX XXXX XXXX, XXXX. XXXX ( XXXX. XXXX XXXX ) The court found that credit reporting agencies that fail to remove inaccurate information after proper and verified notice from the creditor are liable for economic and moral damages. pursuant to the provisions of the FCRA.

Formal Request I request that Equifax immediately remove account # XXXX from my credit report because : 1. The account was the subject of a request for Deletion after confirmation from the original creditor that the debt is not in collection and the tradeline has been requested to be removed from the credit bureaus.

2. The information currently reflected in my report is inaccurate and contradictory, representing an obvious reporting error.

3. Classification as " Charged Off '' and " Collection/Chargeoff '' simultaneously violates the regulations set forth in the FCRA and the Metro 2 guidelines.

Consequences of Non-Compliance If Equifax does not resolve this dispute in accordance with the laws below, If I fail to comply within the 30-day period, I reserve the right to pursue my rights under the FCRA and FDCPA, including seeking monetary damages pursuant to 15 U.S.C. 1681n ( Liability for Willful Breach ) and 15 U.S.C. 1681o ( Liability for Negligent Breach ).

I look forward to receiving written confirmation of the removal of this account from my credit report and complete correction of any inaccurate entries.