Consumer complaint received 2024-07-29
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. (CA)

Subject : 15 USC 1666b was violated To Whom It May Concern : I received a copy of my consumer report, and noticed a late payment on an account that I am requesting to be updated to paid on time, never late. The account is as follows : XXXX XXXX XXXX I demand the immediate correction/update of this inaccurate information to accurately reflect my payment history. 

Your organization 's actions have egregiously infringed upon my consumer rights under the Fair Credit Reporting Act ( FCRA ) or 15 USC 1681. This infringement has resulted in emotional distress, including recent thoughts of suicide. Hence, I demand a resolution in alignment with the principles outlined in the FCRA. 

In the congressional findings section, Congress emphasized the paramount importance of safeguarding consumers ' privacy rights, as articulated below : " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' Your collaboration with consumer reporting agencies to disseminate damaging material is a direct assault on my reputation and creditworthiness. Such actions render your organization liable for civil penalties for willful disobedience under this section. 

As per the Fair Credit Reporting Act, a consumer report is defined as follows : " The term XXXXconsumer report ' means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title. '' Furthermore, it is crucial to understand the Fair Credit Reporting Act 's exclusion section, as it elucidates why these late payments should be corrected and updated to " paid on time, never late. '' The exclusion section, or 15 USC 1681a ( 2 ) A ( i ), explicitly states : " The term 'consumer report ' does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. '' It is unambiguously stated in the Fair Credit Reporting Act that transactions or experiences between the consumer and the reporting entity are to be excluded from a consumer report. As the consumer, I assert that your entity falls under the definition of a person as outlined in the FCRA. Therefore, the reported late payments, which pertain to transactions, are inappropriate for inclusion in a consumer report. 

Additionally, your agency 's violation of the timing of payments law under 15 USC 1666b is evident. This statute unequivocally prohibits a creditor from treating a payment on a credit card account as late for any purpose. Given that your agency serves as the creditor, and the credit card account in question pertains to me as the consumer, these reported late payments constitute a clear violation of federal law. 

Moreover, I demand proof of your license to collect on this alleged obligation in the state of [ Insert State ]. Failure to provide such proof within the specified time frame will result in charges being filed against your agency, indicating engagement in illegal activity. 

Should your office fail to respond to this request within 30 days, all reports of late accounts must be updated to " paid on time, never late, '' and I will require a new copy of my credit report sent to the address provided. 

Your agency 's violation of my consumer rights pursuant to 15 USC 6802 is unacceptable. This statute unequivocally prohibits the disclosure of nonpublic personal information to a nonaffiliated third party without meeting specific criteria. Given the failure to fulfill these criteria, I demand that the reporting information be updated to reflect payments made on time and without delay. 

Failure to comply with the above requests will result in legal action against your agency, with the possibility of significant monetary compensation. This notice will be submitted to the Federal Trade Commission and Consumer Financial Protection Bureau. 

Should this matter remain unresolved, your agency will be implicated in criminal violations with consumer reporting agencies, and your CEO or a high-ranking official will be held liable for criminal penalties pursuant to 18 USC 894 . 

Given the definition of " creditor '' as defined in the Truth in Lending Act, your agency 's actions unequivocally fall within this purview. 

I insist on the immediate update of all relevant information and request a copy of my updated consumer report. 

Thank you for your attention and assistance in resolving this matter. 

Sincerely, XXXX XXXX