Consumer complaint received 2020-10-08
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem — Problem with personal statement of dispute
Company: EQUIFAX, INC. (CA)

In reviewing my Equifax credit report in XX/XX/2020, I discovered information in my credit file which was incorrect. I filed a dispute with Equifax to have this information corrected, as is my right as a consumer under the Fair Credit Reporting Act. Upon completion of this investigation, I still disagreed with the Equifax findings. I filed for reinvestigation, again exercising my right to do so under FCRA. When this reinvestigation was completed, the incorrect information remained unchanged in my file. 
In its written notification of the results of its reinvestigation, Equifax included the following statement regarding available next steps if the dispute remained unresolved : You may add a statement of up to 100 words ( 200 words for Maine residents ) to your credit report. ( A screenshot of this language is attached ). 
This language appears to be crafted to comply with FCRA 1681.b which reads : ( b ) Statement of dispute If the reinvestigation does not resolve the dispute, the consumer may file a brief statement setting forth the nature of the dispute. THE CONSUMER REPORTING AGENCY MAY LIMIT SUCH STATEMENTS TO NOT MORE THAN ONE HUNDRED WORDS IF IT PROVIDES THE CONSUMER WITH ASSISTANCE IN WRITING A CLEAR SUMMARY OF THE DISPUTE. ( emphasis added ). ( screenshot attached ) Without assistance from Equifax, I composed a statement for inclusion in my credit file setting forth the nature of my dispute. That statement consisted of 99 words ( and, it turns out, 645 characters, which will become relevant shortly ). I mailed this statement to Equifax on XX/XX/2020 along with a copy of my drivers license and Social Security card for identification. I received no acknowledgement of my request from Equifax thereafter. 
I had reason to review my Equifax credit report on XX/XX/2020, and checked to see if the statement I submitted on XX/XX/2020 was included in my credit file as requested. 
Instead of the carefully worded statement constructed to fit within the 100-word limit specified by Equifaxs instructions, I discovered the following statement included in my credit file. The statement is shown exactly as it appears in my file ( the original statement is not being provided as it includes identifying information, but it will be obvious that what follows would not have been something a literate consumer would compose ) : NO INSTLMNT LN WTH TSLA EXTS THS RPRTNG MSCHR A LMTD TRM PWR PRCHS AGRMNT PPA FR WHCH I PY ONLY FR ELCTRCT GNRTD BY TSLA OWND AND MNTND SLR PNL INSTLD ON MY RFTP PYMNT VRY FRM NR DO I OWE DLR TWOTWOK TO TSLA THS FGR IS ENTRL CNCCTD BY TSLA NO ONGONG RDCBL LN BAL EXST I VGRSL DSPT TH CHTRZTN OF THS AGRMNT AS AN INSTLMNT LN TSLA HS RPTDLY FLD TO PRDC DCMETTTN OR EX The above statement is 80 words and 365 characters. Besides severely truncating many words to the point of gibberish, it eliminates a number of words from my original statement altogether. 
I phoned Equifax to ask why the statement that I composed, without its assistance but still within a 100-word constraint, was so truncated as to be unintelligible. I was informed by the Equifax agent that the actual requirement for such consumer statements was not 100 WORDS BUT 500 CHARACTERS, WITH SPACES. This is an entirely different  requirement, and, in my view, does not comply with the FCRA statute that specifically permits a brief statement, and only imposes a one hundred WORD limit ( NOT character limit ) if the agency assists in the composition of the statement. In my case, I did not require nor did I seek the assistance of Equifax in composing my statement.

I am, in this complaint, requesting that CFPB investigate and cause Equifax to alter its instructions to comply with the language of the FCRA by either : permitting the insertion of a consumer statement of up to 100 WORDS of any length or complexity and at the sole discretion of the consumer composing such statement, or clarifying its instructions to the consumer that any statement that the consumer wishes to include in their credit file under the provisions of the FCRA to read of no more that 500 characters, including spaces in place of 100 words, assuming this altered restriction lawfully complies with the intent and requirements of the FCRA.