Consumer complaint received 2024-02-05
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: EQUIFAX, INC. (NY)

I am writing to dispute a late payment entry on my credit report associated with my account [ XXXX ]. I believe this entry is inaccurate and does not reflect the true status of my payment history. This dispute is in accordance with the Fair Credit Reporting Act ( FCRA ) and relevant consumer protection laws, including 15 USC 1666b, 15 USC 1681a, and 15 USC 1681s-2. 
According to my records, the reported late payment are [ Month/Year ], and I assert that this information is erroneous for the following reasons : Firstly, 15 U.S. Code 1666b - TIMING OF PAYMENTS ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. 
I did not receive statements from [ XXXX XXXX XXXX XXXX XXXX ] 21 days before the due dates for the month of [ XX/XX/year>, XX/XX/year>, XX/XX/year> ]. According to the FCRA, creditors must send statements at least 21 days before the due date to allow consumers sufficient time to make payments on time. Please conduct a proper investigation and provide proof that statements were sent out 21 days prior to the due date. Please provide a tracking number attached to proof for statements. If no proof is furnished for verification and validation, please update late payment to XXXX ( PAID AS AGREED NEVER LATE ), ALSO UPDATE PAYMENT HISTORY TO OK. 
Additionally, 15 U.S. Code 1681a - Definitions rules of construction ( 2 ) ExclusionsExcept as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. 
Transactions should not be included on my consumer report if they are not accurate, verifiable, or complete. The late payment on my ( XXXX XXXX, XXXX ) account should not be included in my consumer report because according to the consumer law they are considered transactions and transactions are supposed to be excluded from consumers credit report. Again please update this late payment to XXXX ( PAID AS AGREED NEVER LATE ) AND UPDATE THE LATE PAYMENT HISTORY TO OK. 
15 USC 1681s-2 - Responsibilities of Furnishers of Information to Consumer Reporting Agencies : Negative Information ( A ) Notice to consumer required ( i ) In General If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 1681a ( p ) of this title furnishers negative information to such an agency regarding credit extended to customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, the the customer. 
( ii ) Notice effective for subsequent submissions After providing such a notice, the financial institution may submit additional negative information to a consumer reporting agency described in section in 1681a ( p ) of this title with respect to the same transaction, extension of credit, account, or customer without providing additional notice to the customer. 
Nonetheless, furnishers of information, such as ( XXXX XXXX, XXXX ), must notify consumers in writing before reporting negative information to credit reporting agencies. I did not receive any written notification from ( XXXX XXXX, XXXX ) 30 days prior or after the late payment was being reported on my credit report. Please furnish proof that a letter was sent to me from the creditor along with a tracking number. Please conduct proper investigation and if you can't provide proof : Please update my late payment to XXXX ( PAID AS AGREED NEVER LATE ) AND UPDATE PAYMENT HISTORY TO OK.