Consumer complaint received 2024-09-15
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Unable to get your credit report or credit score — Other problem getting your report or credit score
Company: EQUIFAX, INC. (PR)

Description of the Issue : I am filing this complaint due to Equifaxs continued denial of electronic access to my credit report, which is essential for my efforts to purchase a home. Despite having my password, I am consistently being locked out of my Equifax account, receiving an error message instructing me to call Customer Care. I have contacted Equifax Customer Care numerous times, but they have failed to restore access to my account or provide my credit report electronically, as requested.

Under 15 U.S.C. 1681g ( a ) ( 1 ) of the Fair Credit Reporting Act ( FCRA ), I am entitled to one free credit report annually through the channel of my choosing, which in this case is electronic access. This right includes access through online platforms maintained by credit reporting agencies such as Equifax. Denying me access to my report electronically, while still controlling my account, violates this section.

In addition, 15 U.S.C. 1681j ( b ) reinforces my right to choose how I wish to receive my credit report. It states that the credit reporting agency should provide the report at no charge and in the format that is accessible and convenient to the consumer. In my case, that means I need to access the report online for the purposes of managing disputes and correcting inaccuracies promptly.

Denying electronic access further interferes with my ability to dispute errors and exercise my rights under 15 U.S.C. 1681i ( a ) ( 1 ), which mandates that I have the right to dispute inaccurate or incomplete information. A reasonable reinvestigation of disputed items must be performed within 30 days. However, Equifaxs actions in denying me access to my account are effectively preventing me from making these disputes electronically, delaying the correction of my credit report, and impacting my ability to proceed with my home purchase.

Furthermore, Equifax is violating the Dodd-Frank Wall Street Reform and Consumer Protection Act, which emphasizes the need for transparency and accountability in the handling of consumer information. Section 1032 of this Act mandates that disclosures and information must be made available in a manner understandable and accessible to the consumer. By denying me online access to my credit report, Equifax is failing to meet this standard of transparency and accessibility.

Additionally, 15 U.S.C. 1681b ( a ) specifies that I have a right to access my credit report for legitimate purposes, including reviewing my own report. Since I am preparing for a home purchase, this is a legitimate financial decision that requires immediate and efficient access to my report, which should be provided electronically in line with modern technology and consumer preferences.

Finally, under 15 U.S.C. 1681c-2 ( a ), I have the right to block certain information that has been reported due to identity theft or inaccuracies. If I can not access my credit report electronically, I am unable to block inaccurate information, which delays the resolution of disputes and harms my creditworthiness in a critical time-sensitive situation.

Additional Arguments : 1. Speed and Efficiency : Online access is crucial for promptly addressing issues on my credit report. Delaying access or requiring mailed copies adds unnecessary delays to correcting errors, a critical issue as I am in the process of securing a mortgage for home purchase. In todays digital age, electronic access is the industry standard for fast, secure, and transparent handling of personal financial data.

2. Security Concerns : Mailing a physical copy of my credit report, as opposed to allowing secure electronic access, introduces unnecessary security risks, including potential identity theft from lost or misdelivered mail. 15 U.S.C. 1681c-1 ( a ) and related sections on security freezes affirm the need for secure handling of consumer data to prevent identity theft, which online access better supports through encryption and secure portals.

3. Equifax Data Breach : Equifax has a well-documented history of data breaches, and electronic access is crucial for me to monitor my credit information consistently. The Equifax Cybersecurity Incident of 2017, which exposed sensitive information of 147 million Americans, highlights the importance of consumers being able to quickly and regularly monitor their credit reports online to prevent further damage and identify potential issues.

4. Burden of Proof and Reinvestigation : Denying me access to dispute items online also impacts the legal timelines within which Equifax is required to act. Under 15 U.S.C. 1681i ( a ) ( 2 ), a credit reporting agency must notify the information furnisher ( creditor ) of a dispute within 5 business days. Without immediate online access, my ability to submit disputes and initiate this process is delayed, further extending the time it takes to resolve these errors.

5. Electronic Commerce Promotion : In alignment with the Electronic Signatures in Global and National Commerce Act ( E-Sign Act ), consumers have the right to request and consent to receive records electronically. Equifaxs refusal to provide my report electronically is a breach of this Act, which promotes the use of electronic communications and records in consumer transactions.

Conclusion : Equifaxs failure to provide electronic access to my account and my free credit report violates the Fair Credit Reporting Act ( FCRA ), Dodd-Frank Act, E-Sign Act, and various sections of U.S. Code regarding credit reporting rights. I request that the CFPB intervene to ensure that Equifax complies with my right to access my report electronically and without delay, so I may proceed with the correction of errors as I pursue homeownership.