Consumer complaint received 2024-03-09
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: EQUIFAX, INC. (CA)

My XXXX and Equifax consumer files show a collection account reported by XXXX XXXX XXXX. After thoroughly reviewing my records, I did not locate any record of a binding contract between myself and XXXX XXXX XXXX, written or oral, that contains evidence of a mutual understanding or agreement, an exchange of value or consideration, or a verifiable obligation for any monetary amount or performance of any kind ( 15 U.S.C. 1692f ( 1 ) ). If this company identifies as a debt collection agency, they should be fully aware the original account is past the California and Delaware statute of limitations for debt ( Code of Civil Procedure, 337, and Delaware Code Title 10 8106 ) and is no longer enforceable or reportable. The opened date for the account on both of my reports is incorrect. Per my records, the original account was already well past the statute in all State jurisdictions when it was purchased or acquired by XXXX XXXX XXXX. This is a violation of Cal. Civ. Code 1785.25. A debt collector violates the FDCPA when it misleads a consumer to believe a time-barred debt is legally enforceable. The reporting of this account is clearly misrepresenting and misleading the legal status of the debt, and I believe XXXX XXXX was fully aware of the statute before reporting it. Unfortunately, XXXX XXXX XXXX has a history of prior accusations involving trying to collect time-barred debt even though it is unenforceable, and purposefully not informing the consumer. ( XXXX XXXX XXXX XXXX XXXX XXXX et al ) In addition to being time-barred debt, the original account was also charged-off. The original creditor received a write-off from the IRS, and the amount was reported on my taxes as income of which I have proof, and the IRS has accepted. If the IRS has already accepted an item as income, how is this account being legally reported as debt? In fact, XXXX XXXX XXXX has prior accusations of reporting inaccurate derogatory credit information, thereby causing erroneous and negative information in consumers credit files ( XXXX XXXX  XXXX XXXX XXXX XXXX XXXX. XXXX. This inaccurate and negative reporting is damaging to my creditworthiness and is adversely affecting my credit rating and ability to obtain credit. My last observation is regarding several violations of Cal. Civ. Code 1785.25 which states ( a ) A person shall not furnish information on a specific transaction or experience to any consumer credit reporting agency if the person knows or should know the information is incomplete or inaccurate. In my XXXX report, the information under account type and original creditor name is missing, the open date is inaccurate, and the balance is inaccurate. In my Equifax report, this account has a different balance amount and opening date. The account information was not consistently reported to both bureaus. Per the law, the information on ALL of my consumer reports have to be consistent, accurate, and be identical. The discrepancies in the reporting to both bureaus is considered inaccurate and incomplete information, which makes the account ineligible to be reported. Additionally, according to Metro2 compliance, physical carbon copies of all information must be sent to each company the account is being reported to. Does XXXX XXXX XXXX have evidence it has fulfilled this carbon copy requirement? XXXX and Equifax should easily be able to confirm these were received by mail. If they were not received, this account is not eligible to be reported under Metro2 standard. As reputable reporting agencies, I expect Equifax and XXXX to do their due diligence in investigating my claims. I believe several violations will be found, and this account will be properly deleted due to the inaccuracy and incompleteness of the file with both bureaus, the expired statute of limitations, and the incorrect classification as debt when it is income. I also expect records to be checked to ensure XXXX XXXX XXXX has complied with the Metro2 carbon copy mailing requirement. Please be advised If I suspect any negligence or willful non-compliance from any party in failing to conduct a proper investigation of these matters, I will equally hold XXXX XXXX XXXX, Equifax, and XXXX to the full extent of the law for civil money penalties, violations, actual damages, and any other relief that is just and proper. For clarity, a true investigation does not involve XXXX XXXX XXXX, Equifax, or XXXX submitting codes to one another over eOscar, and this will not be considered as a proper investigation under consumer law. This complaint is being sent in good faith through the CFPB, a regulatory agency to all parties. I pray for equitable relief, fairness in review, and I reserve the right to use this complaint and any subsequent responses from either party in any legal proceeding should one occur.