Consumer complaint received 2024-09-04
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Was not notified of investigation status or results
Company: EQUIFAX, INC. (FL)

Subject : Final Notice Unresolved Dispute of Inaccurate Information on Credit Report under FCRA, TILA, and PAANL Dear Consumer Financial Protection Bureau, This letter serves as a formal complaint against the three major credit reporting agencies Equifax for their failure to resolve an unresolved dispute regarding inaccurate and misleading information that continues to be reported on my credit file. 

Despite my previous efforts to dispute the incorrect reporting of late payments on my credit report, related to my Auto Loan with XXXX XXXX XXXX, Account Number XXXX, the issue remains unresolved. These disputes were filed on XX/XX/XXXX and XX/XX/XXXX, and despite providing clear documentation of the errors, the agencies have failed to correct the inaccuracies. 

This failure to act constitutes a violation of the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S. Code 1681i and 15 U.S. Code 1681s-2, which mandate that credit reporting agencies and information furnishers ensure maximum accuracy in reports and correct inaccuracies promptly. Additionally, this issue falls under the Truth in Lending Act ( TILA ) and the Protection Against Non-Payment of Obligations Act ( PAANL ), which emphasize the need for accurate and timely reporting by creditors.

Legal Implications I am invoking 15 U.S. Code 1681n and 15 U.S. Code 1681o, which establish civil liability for willful or negligent noncompliance with the FCRA. As the credit reporting agencies have failed to meet their legal obligations, I am prepared to seek damages and legal costs. 

Relevant Case Law : Cushman v. Trans Union Corp., 115 F.3d 220 ( 3rd Cir. 1997 ) : This case established that credit reporting agencies must conduct reasonable investigations when a consumer disputes the accuracy of information on their credit report. Failure to do so may result in liability for damages. 
Barash v. Ford Motor Credit Corp., 495 F. Supp. 2d 831 ( N.D. Ill. 2007 ) : This case demonstrated a violation of TILA, emphasizing the creditor 's obligation to provide accurate billing and payment notifications. 
Final Request for Resolution I request that the CFPB intervene and ensure that the three credit reporting agencies correct the following inaccurate late payment entries on my credit report : Date of Late Payment Report : XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX. 
Failure to correct this information within 10 days of receipt of this letter will force me to escalate this matter further. This includes filing additional complaints with the Federal Trade Commission ( FTC ) and my states Attorney General 's Office. Moreover, I will proceed with legal action to recover any damages resulting from the ongoing inaccuracies in my credit report. 

Please confirm in writing that this information has been corrected and that my credit report has been updated to reflect accurate data. I look forward to the CFPB 's prompt attention to this matter. 

Sincerely, XXXX XXXX XXXX XXXX