Consumer complaint received 2024-07-11
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. (TX)

Subject : Second Request for Credit Information Correction - Non-Compliance 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 credit card, auto loan, and/or mortgage account [ XXXX XXXX XXXX ACCOUNT NUMBER : XXXX ]. To date, I have not received confirmation of the correction nor observed any changes in my credit report. 

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. 

I formally request that you investigate and correct any inaccurate information related to these late payments on my credit report. Below are the details of the affected payments : [ XXXXXXXX XXXX XXXXXXXX ACCOUNT NUMBER : XXXX ] 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 : [ XX/XX/XXXX, XX/XX/XXXX, XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, AND XX/XX/XXXX ] 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. 

DELETE NOW PLEASE THE FAIL THE REINVESTIGATION If the necessary corrections are not made within 15 days, I will file a formal complaint with the Consumer Financial Protection Bureau ( CFPB ) and consider other legal actions necessary to protect my rights. 

I look forward to receiving written confirmation of the actions taken to correct this information and ensure compliance with the relevant regulations. 

Thank you for your attention to this important matter. 

Sincerely, XXXX XXXX XXXX