Consumer complaint received 2024-09-17
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. (GA)

XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXX/XX/year> To : Equifax Information Services LLC XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX Dear Equifax, XXXX am writing to formally dispute the inaccurate and misleading reporting of my account with XXXX XXXX XXXX XXXX XXXX Account XXXX ) on my credit report. This account is listed as charged off, yet a past-due balance of {$10000.00} is still being reported. 

Additionally, Equifax and XXXX XXXX XXXX XXXX have failed to provide verification and validation of this debt, violating my rights under the Fair Credit Reporting Act ( FCRA ), the Fair Debt Collection Practices Act ( FDCPA ), and Uniform Commercial Code ( UCC ). Furthermore, this inaccurate reporting has the potential to unlawfully extend the statute of limitations on this debt, further violating my consumer rights. 

Details of the Dispute : The inaccurate reporting of this account as past due despite its charge-off status, the failure to provide proper verification and validation of the debt, and the potential for extending the statute of limitations are all unlawful and misleading. 

FCRA Violations : 15 U.S.C. 1681s-2 ( a ) : XXXX XXXX XXXX XXXX XXXX as the furnisher of information, is required to report accurate information to credit reporting agencies. Reporting a past-due balance on a charged-off account is inaccurate and misleading, violating their duty under this section. 

15 U.S.C. 1681s-2 ( b ) : Upon receiving a dispute from a credit reporting agency, the furnisher of information must investigate and verify the accuracy of the information. XXXX XXXX XXXX XXXX has failed to fulfill this duty by not correcting the erroneous reporting of the past-due balance on a charged-off account. 

15 U.S.C. 1681e ( b ) : Equifax is required to maintain reasonable procedures to ensure maximum accuracy of the information it reports. By failing to ensure that this account is accurately reflected as charged off without a past-due balance, Equifax is violating its duty to report accurate information.

15 U.S.C. 1681i ( a ) ( 1 ) ( A ) : I have the right to dispute inaccurate information, and Equifax is obligated to investigate this dispute. My request for verification and validation of this debt has not been fulfilled, violating my rights under the FCRA. 

FDCPA Violations : 15 U.S.C. 1692g : Under the FDCPA, I requested verification and validation of the debt, which has not been provided. This failure constitutes a violation of my consumer rights. 

15 U.S.C. 1692k : If Equifax or XXXX XXXX XXXX XXXX continues to fail in their legal obligation to provide accurate reporting and verification of this debt, I reserve the right to seek civil liability under this section. Under 15 U.S.C. 1692k, I am entitled to seek damages, attorney 's fees, and costs due to the failure to comply with the requirements of the FDCPA. This includes both actual and statutory damages for willful violations of the law. 

UCC Violations : UCC 3-501 : The original debt terms can not be enforced after a charge-off. Reporting a past-due balance after the charge-off violates commercial law under the UCC.

UCC 3-604 : Once a debt is discharged through a charge-off, reporting agencies and creditors must update their records to reflect this. Continuing to report a past-due balance after the charge off is a misrepresentation of the debts status.

Unlawful Extension of the Statute of Limitations : The inaccurate reporting of this charged-off account as past due may result in an improper extension of the statute of limitations on this debt. This misrepresentation not only affects my creditworthiness but also extends the timeframe during which I may be subject to legal action or collection activities, in violation of applicable state laws governing debt collection statutes. 

Failing to accurately report the charge-off and misrepresenting the status of this debt as past due improperly re-ages the account, which is both unlawful and harmful to consumers. 
Requested Action : Given the violations of the FCRA, FDCPA, UCC, and the improper extension of the statute of limitations, I am requesting the following actions be taken immediately : Remove the past-due balance from my credit report, as the information is inaccurate, unverified, and improperly extending the statute of limitations on this debt. 

Correct the account status to accurately reflect its charge-off status without indicating ongoing delinquency or balance due. 

Provide written confirmation that these corrections have been made and that the inaccurate information has been removed from my credit report. Timeline for Resolution : I expect that Equifax will complete its investigation and correct the inaccuracies within 15 days. 

Failure to comply with this request will result in formal complaints to the Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ).

Additionally, I reserve the right to pursue legal action under 15 U.S.C. 1692k, which allows for the recovery of damages due to violations of the FDCPA.

Thank you for your immediate attention to this matter. I look forward to receiving written confirmation that the inaccuracies have been corrected. 

Sincerely, XXXX XXXX