Consumer complaint received 2024-08-05
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: EQUIFAX, INC. (FL)

Subject : Second Request for XXXX XXXX XXXX XXXX XXXX with 15 U.S. Code 1666b and Other FCRA Provisions I am writing to follow up on my previous letter dated [ XX/XX/XXXX ], in which I requested the correction of inaccurate information on my credit report regarding incorrectly reported late payments on my mortgage account [ XXXX XXXX XXXX XXXX XXXX XXXX ]. To date, I have not received confirmation of the correction nor observed any changes in my credit report. And also the lack of response to a letter that was sent to creditor the account, which was not answered. 


In my credit report I can see that in : [ XXXX / XXXX ] [ XXXX/ XXXX ] it reflects that I had late payments of ( XXXX ) days which is not true, in the same way I refer to the month of [ XXXX ] in no way I had a late payment of ( 120 ) days. This issue appears to be in violation of the provisions of 15 U.S. Code 1666b and other relevant sections of the Fair Credit Reporting Act ( FCRA ).

As stated in my previous correspondence, according to 15 U.S. Code 1666b, creditors must send periodic statements, including all information required by section 1637 ( b ), at least 21 days before the payment due date. This requirement ensures that consumers have sufficient time to receive, review, and make necessary payments without being unfairly penalized for late payments. 

Additionally, the Fair Credit Reporting Act ( FCRA ), specifically sections 15 U.S. Code 1681i and 15 U.S. Code 1681s-2, mandates that credit reporting agencies and information furnishers correct any inaccurate or incomplete information in credit reports and ensure the maximum accuracy of information contained in consumer files.

Moreover, I would like to refer to the Protection Against Non-Payment of Obligations Act ( PAANL ), which establishes that creditors must ensure timely delivery of statements to avoid unfair penalties to consumers.

Furthermore, under the FCRA, articles 616 and 617 ( 15 U.S.C. 1681n and 1681o ) outline the civil liability for willful and negligent noncompliance, respectively. These provisions provide for damages, including actual damages, attorneys fees, and possible punitive damages, for failure to comply with the Act 's requirements.

The non-compliance with these regulations has resulted in the appearance of late payments on my credit report, which has adversely affected my credit score. This situation is a violation of my rights under the FCRA. 

I formally request a reinvestigation of my dispute and correction of any inaccurate information related to these late payments on my credit report. Below are the details of the affected payments : Date of reported late payment : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX