Consumer complaint received 2024-05-21
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. (FL)

To : XXXX XXXX XXXX XX/XX/XXXX Request for Immediate Removal of Unverifiable Delinquency for XX/XX/XXXX Under 15 U.S.C. 1681s-2 ( b ) ( 1 ) ( E ) and FCRA 1681s-2 ( b ) Hope this letter finds you well. My name is XXXX XXXX, and I am writing to formally request the immediate removal of the unverifiable delinquency entry for XX/XX/XXXX from my credit report associated with my accounts ( Ending XXXX and Ending XXXX ) with XXXX XXXX XXXX. This request is made pursuant to the provisions of the Fair Credit Reporting Act ( FCRA ), specifically under 15 U.S.C. 1681s-2 ( b ) ( 1 ) ( E ) and FCRA 1681s-2 ( b ). 

Background and Previous Communications Since XXXX, I have repeatedly reported an unverifiable delinquency to the credit reporting agencies ( CRAs ), which in turn, have contacted you as the furnisher of this information. Despite my efforts through sending letters directly to the CRAs, engaging with the Federal Consumer Bureau, and contacting your Executive Consumer Relations department, the unverifiable delinquency remains on my credit report. 

Your records, in writing, have confirmed that before XX/XX/XXXX and in XX/XX/XXXX meanwhile in good standing, I was in communication with several of your representatives, made the necessary payments, and discussed important changes in my financial circumstances due to COVID-19, as covered under the CARES Act. 

Under the SEC. 4021. CREDIT PROTECTION DURING COVID19, Section 623 ( a ) ( 1 ) of the Fair Credit Reporting Act ( 15 U.S.C . 1681s2 ( a ) ( 1 ) ) an individual who reported COVID-19 related issues to the institution on time, modify and created a payment plan is protected under the Credit Protection During COVID-19. 

The CARES Act protection covers a " covered period '' as the period starting XX/XX/XXXX, until 120 days after the end of the national state of emergency declaration, which is XX/XX/XXXX Despite these engagements, you have admitted, in writing, to not being able to verify these interactions fully due to misplaced or unavailable call recordings. 

Failure to Conduct a Reasonable Investigation A reasonable investigation, as required by FCRA 1681s-2 ( b ), includes a thorough review of all pertinent communications and transactions related to the disputed information. Your investigation has failed to meet these standards, focusing only on a cursory review of statements without properly considering the telephonic communications wherein I notified your representatives of my circumstances and requested enrollment in a COVID-19 payment plan. 

Legal Requirements and Request for Action As per 1681s-2 ( b ) ( 1 ) ( E ) of the FCRA, if a furnisher can not verify the accuracy of the disputed information, it must modify, delete, or permanently block the reporting of this information. Given your written acknowledgment that you can not verify the disputed information due to the absence of comprehensive records, I request that you immediately comply with this legal requirement. 

Had XXXX XXXX XXXX adhered to 1681s-2 ( b ) ( 1 ) ( E ) of the Fair Credit Reporting Act ( FCRA ) and conducted a timely and thorough investigation from the outset when the credit reporting agencies first contacted you on my behalf, you would have had the opportunity to review all pertinent communications, including the calls that I made regarding my financial situation. Such a review would have likely led to the correction of the erroneous delinquency reporting. Unfortunately, your failure to perform anything beyond a cursory review has not only demonstrated a lack of due diligence but has also resulted in significant financial hardship for me. This negligence underscores the need for immediate corrective action to rectify the inaccuracies in my credit report, as mandated by law. 

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