Consumer complaint received 2024-12-06 00:00:00
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.
State: GA

Complaint narrative:
XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXSubject : Formal Complaint Regarding Violations of the Fair Credit Reporting Act ( FCRA ) ** Dear Equifax Customer Service , I am writing to formally lodge a complaint against Equifax regarding your violation of the Fair Credit Reporting Act ( FCRA ). My name is XXXX XXXX XXXX, and I have experienced multiple instances of mishandling of my personal information and disputes following the compromise of my credit file over the past four months. 

In [ XXXX ], I initiated an FTC fraud report which was placed on all of my credit files due to the compromise. Following this, I began disputing several inaccurate and fraudulent items listed on my credit report, as is my right under the FCRA. 

However, from the very onset of my disputes, Equifax has been non-compliant and infringed upon my rights. Instead of conducting a thorough investigation, Equifax has verified and updated accounts currently in dispute without providing me with substantial proof or documentation regarding these trade lines. When I requested verification of these accounts, my requests were disregarded. 

Additionally, I must supplement this complaint to highlight further violations and injuries. Each time within the last two months that Ive disputed or requested verification and the method of verification, Equifax has further injured me by actively reopening the closed account with XXXX XXXX XXXX and reporting it as being late, indicating I am missing payments in arrearage of currently XXXX payments, with the first being over XXXX. I have directly communicated with representatives from XXXX, who assured me that these changes and inaccurate reporting were not initiated by them but rather resulted from actions taken by Equifax. 

Each time this inaccurate reporting occurs, I instantly lose XXXX points on my credit score. Furthermore, regarding the XXXX account, in the last two instances that Ive asked for verification and the method of verification, Equifax has re-reported the statement in collections as if it is new or has been removed from my report. However, this is not the case ; the derogatory account has never left my report. The resubmission of this collections statement has caused significant harm to my credit report, presenting the information as if it is being reported for the first time. This misrepresentation has negatively impacted my credit standing, and I seek to address this issue promptly. 

Despite my numerous complaints, disputes, and requests for verification regarding the reporting of these trade lines, I took the additional step of reaching out to the agency responsible for the alleged debt with XXXX, XXXX and XXXX. They reported that the alleged collection account has been closed since XXXX. This revelation underscores that Equifax has consistently failed to adhere to FCRA statutes and guidelines, neglecting to fulfill its mandated duty to conduct proper investigations and furnish accurate account information. Such failures only compound the egregious conduct that I have endured. 

To broaden and strengthen my complaint, I would like to specifically cite violations of the FCRA relating to Section 617 [ 15 U.S.C 1681o ]. These include the allowance of facially false information, such as inflated original and charge-off amounts, the reporting of accounts with delinquent or late payments when, in fact, no delinquency is present according to payment history ( 30, 60, 90 days, etc. ), and inconsistencies in consumer account information that clearly indicate that at least one piece of information must be inaccurate.

For example, if every other tradeline indicates ongoing payment activity while one tradeline contains a " deceased '' indicator, reasonable policies and procedures should identify this inconsistency, and the consumer reporting agency should prevent the inclusion of the inaccurate information in consumer reports it generates. As stipulated in Section 607 ( b ) of the FCRA, whenever a consumer reporting agency prepares a consumer report, it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. The Bureau has interpreted this requirement to necessitate that consumer reporting agencies implement and maintain reasonable screening procedures designed to identify and prevent the inclusion of facially false data, including logical inconsistencies in consumer or account information.

I would also like to draw your attention to Sections 616 and 617 of the FCRA. Section 616 states that " any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to '' actual or statutory damages of up to {$1000.00} per violation, along with punitive damages that the court allows, and costs and reasonable attorney 's fees. A violation is considered willful when it is inconsistent with " authoritative guidance '' from relevant agencies. Such guidance includes that issued by the Consumer Financial Protection Bureau ( CFPB ), as consumer reporting agencies face significant liability risks under Section 616 if they violate the FCRA.

In addition, Section 617 emphasizes that " any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to '' the consumer 's actual damages, along with costs and reasonable attorney 's fees. Given the negligence evidenced in Equifax 's handling of my disputes and the clear violations of the FCRA, I believe I am entitled to compensation.

In support of these allegations, I would like to reference case law, including **Bryant v. TRW, Inc.**, where the court rejected a consumer reporting agency 's assertion that it had " no obligation '' to compare facially inconsistent information contained in different consumer reports. Furthermore, in **Davis v. Equifax , Inc.** , the court ruled that the presence of erroneous data on a consumer report can demonstrate the unreasonableness of reporting agency procedures. This aligns with **Hammer v. Sams East , Inc.**, where the court acknowledged that consumer reporting agencies might be liable for damages due to negligence in maintaining accurate records.

Equifaxs continued failure to adhere to these legal standards has resulted in the ongoing reporting of inaccurate information, causing me substantial financial harm and stress. In an effort to resolve these issues, I escalated matters by submitting complaints to the Consumer Financial Protection Bureau ( CFPB ). Unfortunately, each complaint resulted in further demands for identity verification, including requests for lease agreements, XXXX change of address verification, XXXX forms, my Georgia ID XXXX and long and short form birth certificates. I submitted all of these requested documents without any resolution or changes to my personal information, including my name ( XXXX XXXX XXXX ), job history ( XXXX XXXX XXXX XXXX ), and current address ( XXXX XXXX XXXX XXXX XXXX XXXXXXXX ). 

This continuous process has not only caused considerable inconvenience but has also been met with what I can only interpret as malicious intent to delay the resolution of my disputes. 

As per the FCRA, I am entitled to request compensation for damages caused by these violations. Therefore, I am formally demanding compensation for the undue stress and inconvenience suffered due to the mishandling of my credit information, as well as reimbursement for any costs incurred as a result of this situation. 

I expect to hear from you within 30 days of this letter regarding the actions you plan to take. Should I not receive a satisfactory response, I will consider escalating my complaint to the relevant authorities, including legal counsel. 

Thank you for your prompt attention to this matter. 

Sincerely, XXXX XXXX XXXX [ Your Signature, if sending a hard copy ] ---

Company response to consumer: Closed with explanation