Consumer complaint received 2024-09-20
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. (LA)

THIS IS NOT A DUPLICATE. THE COMPANIES INVOLVED ARE CONTINUOUSLY MAILING REPETITIVE LETTERS, WITH THE SAME MISINFORMATION. 

I am filing this complaint against XXXX, Equifax, and XXXX for violations of the Fair Credit Reporting Act ( FCRA ), failure to investigate disputes properly, and reporting inaccurate information on my credit reports regarding a collection account from XXXX XXXX XXXX ( XXXX ). 

Key Issues : Failure to Investigate Properly and Verify Accuracy of Information : Despite multiple disputes filed with all three credit bureaus regarding the XXXX collection account, the credit reporting agencies ( CRAs ) have failed to conduct a thorough investigation into the validity of the debt. Under FCRA 15 U.S.C. 1681i ( a ), CRAs are required to investigate disputes and verify the accuracy of the information being reported. XXXX, Equifax, and XXXX failed to conduct a reasonable investigation by merely relying on XXXX  inaccurate verification instead of obtaining full documentation, such as the original contract, to validate the debt. 

Inaccurate Reporting : XXXX continues to report inaccurate information regarding my name, as shown in multiple communications where my name is consistently misspelled, despite me providing them with the correct information. This shows negligence in their handling of my personal information, and it undermines the accuracy of the data on my credit report. 
Equifax has not updated my credit report since XXXX, further proving their failure to address my disputes. 
XXXX closed the dispute stating that the account " meets FCRA requirements, '' even though I provided ample evidence that the XXXX account is past the statute of limitations and should be removed. The automated and generic responses Ive received indicate that XXXX is not conducting a legitimate investigation. 
Failure to Remove Time-Barred Debt : The XXXX account is past the statute of limitations for an open account in Louisiana, which is three years from the date of the last payment, as per Louisiana XXXX XXXX Art. XXXX. The last payment on the account was made on XX/XX/XXXX, meaning the statute of limitations expired on XX/XX/XXXX. Under FCRA 15 U.S.C. 1681c ( a ) ( 4 ), obsolete information ( such as time-barred debt ) must be removed from credit reports. All three CRAs continue to report this invalid debt on my credit profile, violating FCRA guidelines. 

Failure to Delete Account Based on Disputed and Inaccurate Information : Under FCRA 15 U.S.C. 1681i ( a ), CRAs are required to delete inaccurate or unverifiable information within 30 days of receiving a dispute. However, despite disputing this account several times, neither XXXX, Equifax, nor XXXX have deleted the account, even though XXXX has failed to provide validation or the original contract agreement for the debt. 

Inconsistent and Misleading Information : XXXX reports the account as verified in a letter dated XX/XX/XXXX, while also stating that the account was closed on XX/XX/XXXX via XXXX XXXX. These contradictory updates show XXXX is mishandling my dispute and not reporting accurately or transparently. 
XXXX continues to provide generic responses, instructing me to contact XXXX even though I have done so multiple times, and XXXX has not provided the requested documentation to validate the debt. 
Equifax has not responded to my disputes at all since XXXX, despite multiple follow-ups. 
Legal Violations : FCRA Violations : 15 U.S.C. 1681i ( a ) : All three CRAs failed to conduct a reasonable investigation of my disputes and verify the accuracy of the information reported. 
15 U.S.C. 1681c ( a ) ( 4 ) : The XXXX account is past the statute of limitations and is considered obsolete information. It should no longer appear on my credit report, yet all three CRAs continue to report it. 
15 U.S.C. 1681e ( b ) : CRAs must ensure the accuracy of the information they report. XXXX continued misspelling of my name and failure to correct it violates this section of the FCRA. 
15 U.S.C. 1681n and 15 U.S.C. 1681o : I am entitled to statutory damages of up to {$1000.00} for each willful violation of the FCRA, as well as actual damages due to the emotional distress and harm caused by these inaccuracies. 


XXXX XXXX XXXX ( XXXX ) is reporting a collection account that is inaccurate, past the statute of limitations for open accounts in Louisiana, and violates both the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ). 

Statute of Limitations : Under Louisiana Civil Code Art. 3494, the statute of limitations for open accounts in Louisiana is three years, starting from the last payment made. My last payment on this account was made on XX/XX/XXXX, making the account time-barred as of XX/XX/XXXX. XXXX is attempting to collect a debt that is legally unenforceable. 
Premature Charge-Off : The original creditor, XXXX XXXX , charged off the account prematurely before the minimum 30-day period required by law, violating Louisianas debt collection guidelines . I was not given the legally required notice and opportunity to make the final payment before the account was sold to XXXX. 
Failure to Validate Debt : Despite repeated requests, XXXX has failed to provide proper debt validation as required under 15 U.S.C. 1692g ( FDCPA ). They have only provided partial payment records and have not submitted the original contract agreement, which is required for proper validation. XXXX  failure to validate the debt demonstrates their ongoing attempt to collect on an invalid and unverifiable account. 
FCRA Violations : XXXX continues to report inaccurate information to the credit reporting agencies, violating 15 U.S.C. 1681s-2 ( a ) of the FCRA, which mandates that furnishers of information to credit bureaus must ensure the accuracy and integrity of the data they report. XXXX has reported incorrect balances, misrepresented the account 's status, and failed to remove the account, despite being time-barred. 
Reporting Time-Barred Debt : XXXX 's continued attempt to report and collect a time-barred debt violates the FCRA under 15 U.S.C . 1681c ( a ) ( 4 ), which requires the removal of outdated information, including debts that have surpassed the statute of limitations. 
FDCPA Violations : XXXX has violated 15 U.S.C. 1692e by using deceptive practices to collect this debt, including falsely implying that the debt is still collectible when it is not. 
XXXX also violated 15 U.S.C. 1692d, which prohibits abusive and harassing behavior, by continuing to report this invalid debt after multiple disputes, causing harm and distress.