Consumer complaint received 2024-05-19
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. (CA)

In accordance with the Fair Credit Reporting Act. The list of accounts below hasviolated my federally protected consumer rights to privacy and confidentiality under15 USC 1681. BOTH OF THESE LETTERS WERE SENT VIA CERTIFIED MAIL TO ALLCRA 'S AND THE CREDITORS THEMSELVES. ACCOUNT NUMBER/LOAN NUMBER # XXXX Loan Number/Account # XXXX XXXX Via XXXX XXXX, CA XXXX : XX/XX/XXXX Via Certified Mail & Email XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX, SC XXXX XXXX XXXX XXXX XXXX ACOUNT NUMBER/ACCOUNT # XXXX XXXX XXXX XXXX XXXX/ ACCOUNT # XXXX RE XXXX XXXX XXXX XXXX XXXX reviewed my XXXX, XXXX, and Equifax it came to my attention thatthey had reported 2 late payments ; I then went forward and sent the following letterto all CRA 's and the creditor ( XXXX  via Certified mail ) and no response wasgiven. Formal Demand for Immediate Rectification of Credit Reporting and ServicingError As a result of gross mismanagement and failure to comply with legal obligationsin the servicing of my mortgage, which has caused substantial harm to mycreditworthiness and financial stability, I am compelled to issue this formal demandfor immediate corrective action. 1. Detailed Chronology of Events andCorresponding Mismanagement : - Initial Contact and Failure to Correct : - XXXX XXXX, XXXX, I discovered and reported erroneous late payment entries onmycredit report. I spoke with XXXX XXXX, who acknowledged the error andpromised swift correction. No correction was made, and this failure violates the FairCredit Reporting Act ( FCRA ), specifically under 15 U.S.C. 1681s-2 ( b ). - SubsequentCommunications and Continued Failures : - Persistent issues prompted furthercommunications : - XX/XX/XXXX : Spoke with XXXX XXXX XXXX who again ISSUE Improper use of your report HAVE YOU ALREADY TRIED TO FIX THISPROBLEM WITH THE COMPANY?

Yes DID YOU REQUEST INFORMATIONFROM THE COMPANY?

No TYPE OF ISSUE Reporting company used your reportimproperly XX/XX/XXXX, XXXXXXXX XXXX  Complaint Print https : XXXX XXXX? XXXX XXXX confirmed the errors would be corrected. No action followed. - XX/XX/XXXX : XXXX XXXX assured me all corrections were processed. Despite theseassurances, the errors persisted on my credit reports. - These incidents collectivelyconstitute deceptive practices under the Consumer FinancialProtection Act ( CFPA ) under 12 U.S.C. 5536. - Misleading Electronic Communications : - Throughout thisperiod, I received multiple text messages and emails from your services confirmingtimely receipt of payments. The contradictory nature of these communications, followed by inaccurate credit reporting, has compounded the deceptive nature ofyour practices. 2. Legal Implications and Demand for Immediate Action : - ImmediateRemoval of Incorrect Credit Entries : - I demand the immediate removal of allinaccurately reported late payments from my credit reports with XXXX, XXXX, and Equifax. This action must be completed without delay to preventfurther damage to my financial reputation and rectify the negligent mishandling ofmy account. - Vicarious Liability and Employee Misconduct : - Under the legal doctrineof respondeat superiorXXXX XXXX is vicariously liable for the negligent andmisleading actions of its employees. This includes incorrect payment processing andfalse assurances of error correction, leading directly to my financial harm. 3.Documentation and Further Accountability : - Provision of Detailed CorrectionDocumentation : - I require a written statement detailing the corrections made to myaccount, accompanied by confirmation from each credit bureau that the inaccuracieshave been rectified. 4. Consequences of Non-Compliance : - Legal Actions andDamages : - Should these issues not be resolved within 15 days from the date of thisletter, I am fully prepared to initiate legal proceedings. I will seek statutory damagesunder the FCRA, actual and punitive damages for deceptive practices under theCFPA, and any other compensatory damages as justified by the mishandling of myaccount. - Legal Precedent : - The legal basis for these actions is well-supported byprecedents such as *XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ) * and XXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX ) XXXX, which highlight the responsibilities of creditors and servicers to maintainaccurate reporting and proper servicing practices. This letter serves as anunequivocal demand for immediate corrective action to address the egregiousservicing errors and negligence that have inflicted significant harm upon me. Aprompt and comprehensive response is expected, outlining the corrective measuresthat will be taken immediately. Sincerely, XXXX XXXX XXXX ACCOUNT # XXXX Once Ireviewed my XXXX, XXXX, and Equifax it came to my attention that they hadreported SEVERAL LATE PAYMENTS. XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX, DE XXXX Subject : Urgent Legal Demand for Deletion of AllIncorrect Late Payments Dear XXXX XXXX XXXX XXXXXXXX , I am writing to formallydemand the immediate deletion of all incorrect late payments reported on mypersonal credit report. My thorough investigation has revealed that these payments, reported as late by up to 180 days, were not late but were mishandled due to anincorrect routing account number entered into your system. Background : 1. Despitemultiple assurances from your representatives, including a conversation with XXXX XXXX XXXX, XXXX, no corrective action has been taken. XXXX indicated that a private XX/XX/XXXX, XXXXXXXX XXXX  Complaint Print hXXXX XXXX XXXX XXXX XXXXXXXX XXXX banker would need to file an internal report from their end. This, however, was to noavail. 2. The payments in question pertain to a business credit card that wasincorrectly reported under my personal credit account instead of the intended LLCaccount, causing significant and unjust damage to my personal credit score. 3. I havebeen subjected to misleading and conflicting information from your representatives, exacerbating the situation during a period when I was recovering from XXXX Grounds : 1. Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 : This federal lawmandates that information provided to credit reporting agencies must be accurateand complete. The continued reporting of these incorrect late payments constitutes aclear violation of this statute. 2. Consumer Financial Protection Bureau ( CFPB ) Regulations : According to 12 CFR 1022.42, furnishers of information to consumerreporting agencies are required to ensure the accuracy and integrity of theinformation provided. Your failure to correct these inaccuracies despite being notifiedis a breach of these regulations. 3. Case Law Precedents : XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) : This case established that credit reportingagencies and furnishers have a duty to conduct a reasonable investigation when aconsumer disputes the accuracy of information. XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX ( XXXX Cir. XXXX ) : This case reinforced the requirement for accurate reportingand the necessity of correcting erroneous information promptly. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX. XXXX ) : This case highlighted theliability of furnishers under the FCRA for failing to conduct a reasonable investigationinto disputed information. Demands : 1. Immediate Deletion of All Incorrect LatePayments : Remove every single late payment entry, reported up to 180 days late, from my personal credit report with all credit reporting agencies. These entries mustbe permanently deleted. 2. Written Confirmation : Provide written confirmation of thedeletion of these entries and an updated copy of my credit report reflecting thesechanges. 3. Corrective Measures : Ensure that the business credit card is correctlyreported under the appropriate LLC account and not my personal credit account.Failure to comply with this demand within 30 days will leave me no option but topursue all legal remedies available to me. This includes, but is not limited to : Filingformal complaints with the Consumer Financial Protection Bureau ( CFPB ) and theFederal Trade Commission ( FTC ). Initiating legal action for damages caused by yourfailure to correct these inaccuracies, which will include claims under the FCRA forstatutory damages, actual damages, punitive damages, and attorneys fees asstipulated under 15 U.S.C. 1681n and 15 U.S.C. 1681o. This letter serves as a finalattempt to resolve this matter amicably. I expect your prompt attention to this urgentissue. Sincerely, XXXX XXXX XXXX XXXX : Copies of communication with XXXXrepresentatives Evidence of incorrect routing account number Credit reportshowing the erroneous late payments Any other relevant documents Please ensurethis letter is reviewed by the appropriate department to expedite the resolutionprocess. Thank you for your immediate attention to this matter. 
XX/XX/XXXX, XXXX XXXX Complaint Print https :/