Consumer complaint received 2024-09-15
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: EQUIFAX, INC. (MA)

Subject : Formal Complaint Regarding Inaccurate Reporting and Violations of the Fair Credit Reporting Act ( FCRA ) by XXXX XXXX Bank Dear Consumer Financial Protection Bureau, I am writing to formally file a complaint regarding the reporting and collection practices of XXXX XXXX Bank concerning an account in my name, Account Number : [ Your Account Number ]. XXXX XXXX Bank has failed to comply with federal law, specifically the Fair Credit Reporting Act ( FCRA ), and continues to cause significant harm to my creditworthiness. I am seeking the CFPB 's intervention in ensuring that my rights as a consumer are protected and that these violations are corrected. 

Complaint Summary : XXXX XXXX Bank has been reporting inaccurate information regarding my account, and despite numerous requests for validation and correction, the bank has failed to provide the required documentation or make appropriate corrections to my credit report. The following are the key issues I have encountered : Inconsistent and Inaccurate Reporting : XXXX XXXX Bank has reported inconsistent and inaccurate information regarding the balance, payment history, and status of my account across all three credit bureaus ( XXXX, Equifax, and XXXX ). These discrepancies include conflicting dates of last activity, high credit limits, and balance amounts, all of which are clear violations of FCRA 623 ( a ).

Failure to Provide Debt Validation : Under the Fair Debt Collection Practices Act ( FDCPA ) [ 15 U.S.C. 1692g ], XXXX XXXX Bank is required to provide a debt validation notice within five days of their initial communication with me. They have failed to do so, despite my formal written requests for validation of the debt. This failure is preventing me from confirming the legitimacy of the debt and from ensuring the accuracy of their reporting. 

Failure to Provide a Right to Cure Notice : As a resident ofXX/XX/XXXX, XXXX XXXX Bank is required by Massachusetts General Laws Chapter 93A to send a Right to Cure Notice before taking adverse action such as charging off the account or transferring it to collections. I have not received any such notice, and this constitutes a violation of state law. 

Failure to Correct Inaccuracies : Despite submitting multiple disputes with the credit bureaus and directly to XXXX XXXX Bank, the inaccuracies on my credit report remain uncorrected. The bank has not responded to my requests with proper documentation or proof of debt ownership, and their reporting continues to harm my credit. 

Impact of the Violations : Due to these violations, my credit report reflects serious delinquencies and derogatory marks that are inaccurate, leading to damage to my credit score. This has negatively impacted my ability to obtain housing, fair interest rates, and financial stability. The continuous re-aging of my account and reporting of 58 months of charge-offs is unjust and unlawful. 

Requested Action : I am requesting that the Consumer Financial Protection Bureau take immediate action to investigate First Premier Banks practices and compel them to : Cease reporting inaccurate and incomplete information to the credit bureaus until they can provide all requested documentation validating the debt. 
Provide full and complete documentation, including the original purchase agreements, a detailed payment history, and proof of debt assignment, if applicable. 
Correct all inaccurate information on my credit report, including the removal of any unlawful charges, charge-offs, or re-aged accounts. 
Provide proof of compliance with FCRA, FDCPA, and Massachusetts state law. 
XXXX XXXX Banks failure to comply with these laws has caused me significant harm, and I expect that the CFPB will take swift action to ensure that my rights as a consumer are protected. 

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

Sincerely, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX