Consumer complaint received 2024-09-29
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: EQUIFAX, INC. (CA)

XXXX XXXX XXXX XXXX XXXX, # XXXX XXXX, CA XXXX [ XXXX [ Your Phone Number ] XXXX Credit Bureau XXXX XXXX Equifax XXXX XXXX / XXXX ) XXXX Credit Bureau Address - See Below for Addresses ] Subject : Formal Dispute of Inaccurate Information Account No. XXXX XXXX XXXX XXXX XXXX Dear Sir/Madam, I am writing to formally dispute the inaccurate information being reported on my credit report by Ally Financial. The account in question is an auto loan under Account XXXX. XXXX, opened on XX/XX/XXXX. XXXX XXXX is inaccurately reporting that this account was charged off, with a balance of {$29000.00} as of XX/XX/XXXX. However, I made payments under a contract with XXXX, which was sold to XXXX XXXX. Despite these payments, XXXX XXXX is falsely reporting that no payments were made. 

Violations of Law : Fair Credit Reporting Act ( FCRA ) - 15 U.S.C. 1681e ( b ) : You are required under the FCRA to maintain accurate and complete credit information. This inaccurate reporting by XXXX XXXX violates this provision, as the payment history and account status are incorrectly reported. 
Fair Credit Reporting Act ( FCRA ) - 15 U.S.C. 1681i : Under the FCRA, I am entitled to an investigation of disputed information. I am requesting an immediate reinvestigation of this account to ensure that my credit report reflects accurate information, including the correct payment history with XXXX before it was sold to XXXX XXXX. 
Truth in Lending Act ( TILA ) - 15 U.S.C. 1639 ( a ) ( 1 ) : The failure to properly disclose the sale of the loan from XXXX to XXXX XXXX and the erroneous reporting of payment status could also violate TILA, as the new lender did not provide adequate disclosure regarding the transfer of the loan and the terms associated with it. 
Supporting Documentation : I have attached proof of payments made to XXXX, which shows that the payments were applied before the account was transferred. These payments are not reflected accurately in the reporting by XXXX XXXX, and I request immediate correction. 

XXXX XXXX : I request that you reinvestigate this account and correct the inaccurate information being reported by XXXX XXXX. This includes removing the charge-off status, late payment history, and reflecting the correct payments made. 
Please update my credit report to reflect accurate information, as mandated under the FCRA and TILA. 
If the credit bureau continues to report incorrect information, I will pursue further legal action as allowed under federal consumer protection laws, including the FCRA and TILA. 
I expect this dispute to be resolved within the 30-day timeframe as required by the FCRA. Please notify me of the outcome of your investigation at the above address. 

Thank you for your attention to this matter. I look forward to your prompt resolution. 
Key Violations : FCRA - 15 U.S.C. 1681e ( b ) : Inaccurate information reporting.

FCRA - 15 U.S.C. 1681i : Failure to properly investigate disputes.

TILA - 15 U.S.C. 1639 ( a ) ( 1 ) : Inadequate disclosure and reporting upon loan transfer.

FTC Act - Section 5 : Deceptive practices.Sincerely, XXXX XXXX