Consumer complaint received 2024-07-16
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. (NY)

NOTICE TO PRINCIPAL IS NOTICE TO AGENT NOTICE TO AGENT IS NOTICE TO PRINCIPAL To Whom It May Concern : I am contacting you because I have recently obtained a copy of my consumer report and I am aware that you have provided excluded transactions that are prohibited by the Federal Credit Reporting Act. 

YOUR COMPANY IS IN CLEAR VIOLATION OF THE FCRA Pursuant to 15 USC 1681a 2 ( A ) D ) This is a request that you rectify the unlawful " late '' reports on my Consumer Report and update them to " paid as agreed. '' 15 U.S.C 1681a ( 2 ) ( a1 ). Please take immediate action to correct this.

15 U.S. Code 1681a - Definitions ; rules of construction -EXCLUSIONS- Except as provided in paragraph ( 3 ), the, consumer report does not include- SUBJECT TO SECTION 1681s-3 of this title, any ( i ) Reports containing information solely as to transactions or expenses between the consumer and the person making the report.

THE LAW CLEARLY STATES : The transactions between Consumer ( ME ) and Person ( COMPANY ) are indeed EXCLUDED from the consumer report. FICO and/or any other risk score/ algorithm that you use to calculate a consumers credit score is NOT a factor when the consumers report is concerned.

I did not initiate permission for these inaccurate, Late Payments '' to be added to my consumer report. Therefore, the reporting of transactions between me and this institution is a violation of 15 USC 1681a and 15 USC 1666b. Please work diligently to address and rectify these furnishing of late payments on my consumer report.

Pursuant to 15 U.S.C. 1666b, I demand that you provide proof you mailed the required disclosure detailing negative information to my consumer report via certified mail. Please provide the tracking number and a copy of the certified mail receipt. The law requires that this disclosure must have been mailed at least 21 days prior to the due date to justify marking this account as late. I expect prompt compliance, and failure to provide this evidence will be taken as an admission of non-compliance with the FCRA.

To date, I have not received the required notice by Mail, which violates the FCRA. The law states Physical MAIL must be sent to my address not an E-MAIL. I demand that you provide a certified copy of the mailed disclosure sent 21 days prior to furnishing this debt, as mandated by law. Failure to produce this documentation requires you to update the late payments to paid as agreed in accordance with the FCRA.

Furthermore, the notice must have included a clear and conspicuous disclosure of the consumers rights such as the periodic statement including the information required by section 1637 ( b ) .Without this disclosure any furnishing of a late payment status is invalid and INACCURATE by LAW.. Any further furnishing of such information constitutes be aggravated violation of the FCRA, and I will be entitled to statutory and negligent damages BY WAY OF ARBITRATION OR LITIGATION. You have 15 days from receipt of this request to provide the required documentation, if failing to do so then you must delete the late payments from this account.

THE FCRA CLEARLY STATES : 15 U.S. Code 1666b - Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open-end consumer credit plan as late for any purpose unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. 

You have furnished excluded transaction information on the following accounts : XXXX XXXX XXXX XXXX  Account number XXXX The inaccurate furnishing of data has had a significant detrimental impact on my reputation, resulting in multiple credit denials. This substantial harm to my character can not be overlooked and will be valid for remedy in court I hereby request the immediate rectification of all unlawfully provided late payment reports on my consumer report. Kindly update these accounts to reflect a status of " paid as agreed '' without delay. Please note that I am not seeking account verification, but rather a prompt update. 

As per FCRA 15 U.S.C Code 1681s2 Reporting information after notice and confirmation of errors- A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. 

I have attached supporting documentation that evidences the illegal furnishing of transactional history, which may be utilized as evidence in any future legal proceedings. A thorough review of the report reveals ( 2 ) instances of Late status, which I contest. If this dispute is not resolved and the report is verified without proper investigation and consideration of the provided documentation, it will constitute an additional violation of the FCRA. Pursuant to 15 U.S.C. 1681s-2, all parties involved in furnishing this account information will be held liable for any resulting damages. I urge you to comply with the FCRA and respect my rights, thereby avoiding any further escalation and ensuring a resolution to this matter. 

Finally, pursuant to the Fair Credit Reporting Act ( 15 U.S.C. 1681i ), I request a detailed description of the investigation procedure utilized by your company to verify the accuracy of the disputed information. Specifically, I require a comprehensive outline of the steps taken to investigate the disputed accuracy, including : A clear explanation of the investigation process The specific documents and records reviewed The identity of the personnel involved in the investigation The criteria used to determine the accuracy of the information Any supporting evidence or documentation relied upon to verify the accuracy of the information This request is made in accordance with the FCRA 's requirement that furnishers of information provide a clear and transparent explanation of their investigation procedures in cases of disputed accuracy, ensuring that I am afforded a full understanding of the measures taken to verify the accuracy of my personal information. 

YOU ARE IN VIOLATION OF 15 USC 1681a AND 15 USC 1666b. After updating my Consumer Report please provide me with an updated report reflecting the changes to paid as agreed. I am not requesting for Validation or Verification. This letter is certified mail and you are now on notice you have 15 DAYS TO PROVIDE PROPER EVIDENCE OR YOU MUST REMOVE ALL LATE PAYMENTS ON THIS ACCOUNT. 


Thank you for your time,