Consumer complaint received 2024-09-03
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. (SC)

RE : Complaint Letter to Delete Inaccurate Information Dear Sir or Madam : I received a copy of my credit report to find the following items to be incorrect. 

I have explained the discrepancies in the description below. 

My above name and address is my correct information. Any other variation of my name, or other address on file is not valid and should be removed immediately. I have enclosed a stamped USPS copy, as well as the front page of my banking statement as proof of address. Remove other addresses immediately.

These three accounts listed below are charged off accounts still showing a balance. I never received a XXXX C form. These accounts should have a XXXX balance and removed immediately. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Legal Basis for Dispute **15 USC 6801 Protection of Nonpublic Personal Information This section outlines the obligations of financial institutions to ensure that nonpublic personal information about consumers is protected. Specifically : 15 USC 6801 ( a ) states : It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.

In the context of charge-offs, financial institutions are required to manage consumer information in a manner that adheres to these privacy and security regulations. If information is shared or reported improperly, this can be seen as a violation of this privacy obligation. 

**15 USC 6802 Disclosure of Nonpublic Personal Information This section describes the circumstances under which a financial institution can disclose nonpublic personal information about consumers : 15 USC 6802 ( a ) states : Except as otherwise provided in this section, a financial institution may not, directly or through an affiliate, disclose to a nonaffiliated third party any nonpublic personal information about a consumer unless the consumer has been provided with a clear and conspicuous notice... and the consumer is given the opportunity to opt out of such disclosure. 
A charge-off may involve the sharing of nonpublic information that should be disclosed only under specific conditions, and without proper notice or consent, this constitutes a violation of the regulation. 

Request for Removal Based on these statutes, I request the immediate removal of the charge-off entries from my credit report. Specifically, these accounts were reported in a manner inconsistent with the privacy protection requirements outlined in the above statutes. 

These four accounts listed below are closed accounts that are adversely affecting my consumer report. According to 15 USC 1681 e b, they should be removed immediately. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Legal Basis for Dispute **15 USC 1666b Timely Resolution of Credit Billing Disputes This statute requires that credit billing disputes be resolved in a timely manner and outlines the procedures creditors must follow. Specifically : 15 USC 1666b ( a ) states : A creditor shall acknowledge receipt of a notice of a billing error from a consumer within 30 days of receipt of such notice and shall, within two complete billing cycles or within 90 days, whichever is longer, correct the billing error or provide the consumer with a written explanation of why the creditor believes the billing error is not correct. 
If a creditor fails to adhere to these requirements, any negative information related to the disputed billing errors, including late payments, should not be reported on the consumers credit report. 

Dispute Reason The late payment entries reported on my credit report were related to a billing dispute where the creditor did not meet the legal requirements of 15 USC 1666b for resolving the dispute. Specifically, the creditor did not acknowledge my dispute within 30 days, nor did they resolve the billing error or provide a proper explanation within the required time frame. 

Request for Removal In light of the creditors failure to comply with the requirements of 15 USC 1666b, I request the immediate removal of these late payment entries from my credit report.

According to the Fair Credit Reporting Act ( FCRA ), specifically 15 USC 1681b, an entity is only allowed to obtain a copy of a consumers credit report under specific conditions, including obtaining the consumers written consent.

15 USC 1681b states that a consumer reporting agency may furnish a consumer report only under the following circumstances and no other : ( a ) ( 2 ) In response to a court order, or a federal grand jury subpoena. 
( a ) ( 3 ) For the purpose of a credit transaction initiated by the consumer.

( a ) ( 4 ) For the purpose of a review or collection of an account.

( a ) ( 5 ) For employment purposes with the consumers written consent.

( a ) ( 6 ) For insurance purposes with the consumers written consent.

( a ) ( 7 ) For a business transaction that is initiated by the consumer, with the consumers written consent. 

To the best of my knowledge, I did not provide written consent for the above-mentioned inquiry. As such, this inquiry does not comply with the requirements set forth in the FCRA. 

I request that you investigate this matter and, based on your findings, remove this unauthorized inquiry from my credit report. Please provide me with written confirmation of your investigation and the results, and a copy of my updated credit report showing that the inquiry has been removed. 

Please contact me at ( XXXX XXXX XXXX XXXX XXXXXXXX if you require any additional information. 

Thank you for your prompt attention to this matter. I look forward to your response.