Consumer complaint received 2024-08-18
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: EQUIFAX, INC. (MA)

Please Help Me Delete These LATE PAYMENTS out of My Credit Report. Its reporting inaccurate and is causing damage in my life on getting any credit extended to me please i demand to be remove/Delete. This is A Violation Of my Consumer Rights. I DISPUTED THESE LATE PAYMENT ACCOUNTS & They Did A Investigation on THE ACCOUNTS AND THEY VERIFIED IT AS ACCURATE. I WOULD LIKE A REAL THERAL INVESTIGATION ON THESE ACCOUNTS & HAVE THE LATE PAYMENTS REMOVED IMMEDIATELY. 

XXXX Account # XXXX Late Payment Date:XXXX Balance : {$2.00} XXXX XXXX Account # XXXX Late XXXX XXXX : XX/XX/23 - XXXX 15 USC 1602 ( G ) ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection ( aa ) in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter. The term creditor includes a private educational lender ( as that term is defined in section 1650 of this title ) for purposes of this subchapter.

15 USC 1691 ( a3 ) ( a ) Activities constituting discrimination It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction ( 1 ) on the basis of race, color, religion, national origin, sex or marital status, or age ( provided the applicant has the capacity to contract ) ; ( 2 ) because all or part of the applicants income derives from any public assistance program ; or ( 3 ) because the applicant has in good faith exercised any right under this chapter.

15 USC 1637 ( a ) Required disclosures by creditor Before opening any account under an open end consumer credit plan, the creditor shall disclose to the person to whom credit is to be extended each of the following items, to the extent applicable : ( 1 ) The conditions under which a finance charge may be imposed, including the time period ( if any ) within which any credit extended may be repaid without incurring a finance charge, except that the creditor may, at his election and without disclosure, impose no such finance charge if payment is received after the termination of such time period. If no such time period is provided, the creditor shall disclose such fact.

( 2 ) The method of determining the balance upon which a finance charge will be imposed.

( 3 ) The method of determining the amount of the finance charge, including any minimum or fixed amount imposed as a finance charge.

15 USC 1681 ( 2 ) ( A ) ( 1 ) ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter.

( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.

( c ) The term consumer means an individual.

( d ) Consumer Report.

( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, 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.

( 2 ) Exclusions.Except as provided in paragraph ( 3 ), 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 ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title ; or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] ( 3 ) Restriction on sharing of medical information.Except for information or any communication of information disclosed as provided in section 1681b ( g ) ( 3 ) of this title, the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services.

15 USC 6802 ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information.

( a ) Identity and purposes of credit users Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title.

( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

( c ) Disclosure of consumer reports by users allowed A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report.

( d ) Notice to users and furnishers of information ( 1 ) Notice requirement A consumer reporting agency shall provide to any person ( A ) who regularly and in the ordinary course of business furnishes information to the agency with respect to any consumer ; or ( B ) to whom a consumer report is provided by the agency ; a notice of such persons responsibilities under this subchapter.

( 2 ) Content of notice The Bureau shall prescribe the content of notices under paragraph ( 1 ), and a consumer reporting agency shall be in compliance with this subsection if it provides a notice under paragraph ( 1 ) that is substantially similar to the Bureau prescription under this paragraph.

15 USC 1681E ( e ) Procurement of consumer report for resale ( 1 ) Disclosure A person may not procure a consumer report for purposes of reselling the report ( or any information in the report ) unless the person discloses to the consumer reporting agency that originally furnishes the report ( A ) the identity of the end-user of the report ( or information ) ; and ( B ) each permissible purpose under section 1681b of this title for which the report is furnished to the end-user of the report ( or information ).

( 2 ) Responsibilities of procurers for resale A person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall ( A ) establish and comply with reasonable procedures designed to ensure that the report ( or information ) is resold by the person only for a purpose for which the report may be furnished under section 1681b of this title, including by requiring that each person to which the report ( or information ) is resold and that resells or provides the report ( or information ) to any other person ( i ) identifies each end user of the resold report ( or information ) ; ( ii ) certifies each purpose for which the report ( or information ) will be used ; and ( iii ) certifies that the report ( or information ) will be used for no other purpose ; and ( B ) before reselling the report, make reasonable efforts to verify the identifications and certifications made under subparagraph ( A ).