Consumer complaint received 2024-07-04
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. (LA)

NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE PRINCIPAL IS NOTICE TO AGENT I am writing to formally dispute an item on my credit report as per my rights under the Fair Credit Reporting Act ( 15 USC 1681a ) and the Fair Credit Billing Act ( 15 USC 1666b ).

Upon reviewing my credit report, I found that a late payment has been reported on my XXXX XXXX XXXX was closed XX/XX/year>. This late payment is both inaccurate and unfairly reported. Below, I outline the relevant statutes and how they have been violated in this instance. 

15 USC 1681a : Definitions and Rules of Construction This section defines key terms and outlines the responsibilities of consumer reporting agencies. Under this law, consumer reporting agencies are required to follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

Violation of 15 USC 1681a : The late payment reported on my account is inaccurate. Your agency failed to follow reasonable procedures to ensure the accuracy of the information. This negligence has resulted in erroneous and harmful information being included in my credit report.

15 USC 1681a-2-1 : Prevention of Adverse Information Reporting This provision specifically states that no adverse information ( including late payments ) may be reported to a consumer reporting agency regarding any transaction involving a late payment if the consumer has submitted a billing error notice and the creditor has not yet resolved the issue.

Violation of 15 USC 1681a-2-1 : I did not receive proper notification about the late payment, nor was the billing error appropriately addressed before it was reported. This is a direct violation of my rights, as the creditor did not resolve the billing issue before reporting it to your agency.

15 USC 1666b : Timely Notification and Dispute Handling This section requires that creditors notify consumers in a timely manner about late payments and provide an opportunity to dispute the charges before they are reported as late.

Violation of 15 USC 1666b : I did not receive any prior notification regarding the late payment, nor was I given a fair opportunity to dispute the charge before it was reported. This is a clear violation of the procedures mandated by the law, which aim to protect consumers from unfair damage to their credit profiles due to unresolved disputes. 

The erroneous reporting of this late payment has caused significant harm to my credit score and has affected my ability to obtain credit under favorable terms. This constitutes a violation of my rights under the aforementioned statutes. 

Given these clear violations of federal law, I demand the immediate deletion of the late payment entry from my credit report. Failure to comply with this request will leave me with no choice but to take further legal action to protect my rights and seek damages for the harm caused by this inaccurate reporting. 

Please acknowledge receipt of this letter and confirm that the late payment entry has been removed from my credit report within 30 days. I expect a prompt and thorough investigation into this matter, and I look forward to your swift compliance. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX LA XXXX Enclosures : Copy of credit report with picture of late payment is attached that must be deleted.