Consumer complaint received 2024-07-04
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. (FL)

I demand immediate removal of the late transaction reported from my XXXX XXXX transaction on XX/XX/year>. I am well-versed in the legal obligations of furnishers under federal consumer protection laws, including the Fair Credit Billing Act ( 15 U.S. Code 1666b ) and the Fair Credit Reporting Act ( FCRA ).

Violation of 15 U.S. Code 1666b - Reporting of Late Payments : ( Timely Payments ) According to 15 U.S. Code 1666b, a furnisher is prohibited from reporting a transaction as late if it was made within 30 days after the due date when the creditor has been duly notified of a billing error. In my case, any alleged late transaction should be exempt from reporting under this statute. 
The statute explicitly states that creditors can not report transactions as late if they are made within that protected timeframe and the reported late transaction for XX/XX/year> does not adhere to this requirement, as my payment was made shortly after the due date, which falls within the statutory protection period. 

Violation of 15 U.S. Code 1681a ( Exclusions from Consumer Reports ) : As per 15 U.S. Code 1681a, a consumer report does not include any information solely concerning transactions or experiences between the consumer and the person making the report. The reported late payment pertains solely to my transaction with XXXX XXXX and does not meet the criteria for inclusion in my consumer report under this statute. The reporting of this transaction is therefore a violation of federal law and must be removed immediately. 

Fair Credit Reporting Act ( FCRA ) - Accuracy of Reporting : Under the FCRA, furnishers of information to credit reporting agencies are required to provide accurate information. The reporting of my XX/XX/year> transaction as late is not accurate and violates my rights under the FCRA. This inaccurate information has a detrimental effect on my creditworthiness and is not in compliance with the legal standards for credit reporting. 

Potential Violation of Personal Information Privacy, Furthermore, the incorrect reporting of my transaction status may constitute a breach of personal information privacy. Any dissemination of inaccurate information can lead to unwarranted harm and damage to my creditworthiness, which is protected under various consumer protection laws. 

Consumer Financial Protection Bureau ( CFPB ) Guidance : The CFPB has issued guidelines emphasizing the responsibility of furnishers to ensure the accuracy of the information they report. Reporting a late transaction under circumstances that do not comply with federal law is a direct violation of these guidelines. 

I demand that XXXX XXXX XXXX  take the following actions immediately : Remove the reported late transaction for XX/XX/year> from my consumer reports with all three major consume reporting agencies ( XXXX, Equifax, and XXXX ). 

Provide written confirmation that the inaccurate late transaction has been removed from my consumer reports. 

Ensure that no further inaccurate information is reported regarding this account in the future. 
Failure to comply with this demand will result in further legal action to enforce my rights under the relevant federal statutes. I am prepared to escalate this matter and take any necessary legal steps to protect my credit reputation. 

Please confirm receipt of this letter and your intended actions to address this issue within 15 days of receipt. I expect prompt and decisive action to rectify this matter.