Consumer complaint received 2024-04-28
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)

I applied for a mortgage was abruptly denied. I obtained my credit report expecting a simple explanation. Instead, a wave of discrepancies washed over me errors I had no knowledge of, casting a long shadow over my financial standing. I reached out to the credit reporting agencies. Each interaction never offering any real guidance or a roadmap to clear these hurdles. On XX/XX/XXXX, I took the initiative and sent out opt-out notices pursuant 15 usc 6802B. But weeks passed, and I haven't heard anything so now I am reaching out to the CFPB due to 15 usc 6508 in hopes of assistance I am disputing inaccuracies and unauthorized reporting on my credit report I received on XX/XX/XXXX. The following discrepancies violate my rights under the Fair Credit Reporting Act ( FCRA ) and the Privacy Act of 1974.

1. Inaccurate Information Several accounts contain inaccurate information, including discrepancies in account opening dates across credit bureaus. These violations fall under the following provisions : 15 U.S.C. 1681 ( e ) ( b ) : Requires credit reporting agencies to follow reasonable procedures to ensure maximum accuracy.

Privacy Act of 1974 : Prohibits the retention of inaccurate information within a consumer report. 

Specific accounts with inaccurate information include : XXXX XXXX Credit Card ( {$6000.00} ) -The inclusion of this account on my credit report not only violates 15 U.S.C . 6801 ( a ), as previously stated, but also potentially breaches Section 611 ( a ) ( 5 ) of the FCRA. This section prohibits the inclusion of account utilization XXXX Credit Card ( {$15000.00} ) XXXX XXXX XXXX ( {$16000.00} ) XXXX XXXX  XXXX ( {$10000.00} ) XXXX Bank ( {$8200.00} ) XXXX XXXX ( multiple accounts, totaling {$10000.00} ) 2. Unauthorized Inquiries My report reflects inquiries for which I did not provide authorization. These violations fall under the following provisions : 15 U.S.C. 1681 ( a ) ( 2 ) ( b ) : Excludes inquiries for credit extensions directly or indirectly issued by the credit card issuer from the definition of a " consumer report. '' 15 U.S.C. 1681 ( b ) : Prohibits reporting inquiries without a permissible purpose. 

Specific unauthorized inquiries include : XXXX XXXX ( XX/XX/XXXX ) XXXX XXXX XXXX Bank ( XX/XX/XXXX ) XXXX Bank XXXX ( XX/XX/XXXX ) XXXX  ( XX/XX/XXXX ) XXXX. Unauthorized XXXX of XXXX Accounts My report includes charge-off accounts furnished without my written consent. These violations fall under the following provisions : 15 U.S.C. 1681 Section 604 ( a ) ( 2 ) : Prohibits furnishing an account on a consumer report without written instructions from the consumer.

15 U.S.C. 1681 Section 602 ( a ) ( 1 ) : Requires credit reporting agencies to respect consumer privacy.

15 U.S.C. 6801 ( a ) : This statute establishes a financial institution 's obligation to protect the privacy of its customers ' non-public personal information. You have failed to comply with this obligation by attempting to collect on these alleged debts without providing a clear and verifiable basis for doing so.

15 U.S.C. 1692e & 15 U.S.C. 1681b 604 ( a ) ( 2 ) : These statutes prohibit unfair and deceptive debt collection practices. Your actions in attempting to collect on these debts without proper verification and contractual evidence constitute a violation of these provisions. 
15 U.S.C. 1692g : This statute grants debtors the right to request verification of a debt. I hereby demand that you provide the following documentation to substantiate your claims : A direct contract with my signature clearly authorizing you to collect on this debt.

Copies of any signed agreements demonstrating my obligation to pay the alleged amounts.

Proof that the Statute of Limitations has not expired on these debts.

Verification of your licensing to collect debts in my state, including license numbers and the name of your Registered Agent or Agent for Service of Process. 

A direct, verifiable contract explicitly stating your authorization to collect the alleged debt. This document should unequivocally demonstrate that your role is not that of a debt purchaser, but rather an authorized agent of the original creditor. 

Purchase agreement or master contract ( foward flow agreement ) Please be further advised that I have no contractual obligation with any third-party debt collection agency, as evidenced by the lack of a signed agreement with your company. 

Lastly, we bring to your attention a potential violation of Internal Revenue Service Publication 4681. As outlined in the publication, a debt charged off to a third party is considered a certificate of indebtedness, which constitutes income for the original creditor and is thus ineligible for further debt collection efforts. The following third-party accounts have demonstrably contravened this regulation : Specific unauthorized charge-off accounts include : XXXX XXXX XXXX ( {$48000.00} XXXX XXXX XXXX ( {$980.00} ) XXXX XXXX XXXX ( {$18000.00} ) To your attention 15 U.S.C. 1692j, which falls under the Fair Debt Collection Practices Act ( FDCPA ). This statute explicitly prohibits the design, compilation, or distribution of any documentation intended to mislead consumers into believing a third-party entity, besides the original creditor, is involved in debt collection efforts. We have reason to believe these accounts may be employing deceptive practices in violation of this act.

4. Unincurred Late Payments The report reflects late payments that I did not incur. These violations fall under the following provisions : 15 U.S.C. 1681 Section 602 : Protects consumer privacy rights.

15 U.S.C. 1681 Section 604 ( a ) ( 2 ) : Prohibits furnishing inaccurate information.

15 U.S.C. 1666b : A creditor is expressly prohibited from designating a payment made towards a credit card account established under an open-end consumer credit plan as late for any reason. 

The specific creditor reporting these false late payments is : XXXX ( late payments reported XX/XX/XXXX and XX/XX/XXXX ) 5. Violations of the Family Educational Rights and Privacy Act ( FERPA ) ( 20 U.S.C. 1232g ; 34 CFR Part 99 ) FERPA prohibits educational agencies or institutions from disclosing personally identifiable information ( PII ) from a student 's education records to any third-party company without the prior written consent of the parent or eligible student. Education records include, but are not limited to, financial aid records. 

The following Navient accounts, containing student PII, are believed to be in violation of XXXX : XXXX - XXXX : {$4500.00}, Opened : XX/XX/XXXX XXXX  - Balance : {$7200.00}, Opened : XX/XX/XXXX XXXX  - Balance : {$7400.00}, Opened : XX/XX/XXXX XXXX  - Balance : {$3400.00}, Opened : XX/XX/XXXX The aforementioned accounts have contravened the Privacy Act of 1974. This act stringently regulates the collection, use, and dissemination of personally identifiable information ( PII ) by agencies and entities entrusted with such data.