Consumer complaint received 2025-05-24 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Investigation took more than 30 days
Company: EQUIFAX, INC.
State: NY

Complaint narrative:
Subject : Final Legal Demand for Immediate Deletion of XXXX XXXX XXXX XXXX Account [ Ending in XXXX ] FCRA Violation : No Response Within Statutory Timeframe To Whom It May Concern, This is not a dispute but a formal legal demand for deletion based on your failure to respond within the timeframe required by the Fair Credit Reporting Act ( FCRA ).

I am writing regarding my prior dispute, submitted on XX/XX/XXXX, concerning the inaccurate and inconsistent reporting of the XXXX XXXX XXXX XXXX account ending in XXXX. The FCRA mandates that consumer reporting agencies must complete a reinvestigation within 30 days of receiving a dispute.

15 U.S. Code 1681i ( a ) ( 1 ) ( A ) : If the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed the agency shall conduct a reasonable reinvestigation before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute I have confirmation from CFPB.gov that Equifax, Experian, and TransUnion each received my dispute on XX/XX/XXXX, and confirmed initiation of the reinvestigation on XX/XX/XXXX. As of today, XX/XX/XXXX, over 30 calendar days have passed, and I have received no response or resolution. This is a clear violation of FCRA 611.

The FCRA mandates that if a reinvestigation is not completed within 30 calendar days, the disputed information must be permanently deleted. Continued reporting beyond this point constitutes willful noncompliance and a violation of federal law.

FCRA 611 ( a ) ( 5 ) ( A ) : If, after any reinvestigation an item of information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall ( i ) promptly delete that item of information Furthermore, case law supports this position. In Cahlin v. General Motors Acceptance Corp., 936 F.2d 1151 ( 11th Cir. 1991 ), the court affirmed that failing to verify disputed information within the statutory timeframe justifies deletion, not correction or amendment. 

You are now legally barred from updating, correcting, or modifying this tradeline. The time to cure has passed. 

Therefore, I demand the immediate deletion of the XXXX XXXX XXXX XXXX account from Equifax, Experian, and TransUnion, pursuant to : FCRA 611 ( a ) ( 1 ) ( A ) 30-day reinvestigation requirement FCRA 611 ( a ) ( 5 ) ( A ) mandatory deletion if unverifiable FCRA 623 ( a ) ( 1 ) ( A ) duty to report accurate, complete data FCRA 611 ( a ) ( 6 ) ( B ) ( iii ) failure to provide Method of Verification upon request Your continued reporting of this account, despite failure to verify it within the legal time frame, subjects you to civil liability under : FCRA 616 Willful Noncompliance FCRA 617 Negligent Noncompliance Each violation may result in statutory damages, punitive damages, and attorneys fees.

If this account is not fully removed within 7 calendar days of your receipt of this letter, I will pursue the following legal actions without further notice : -File a formal lawsuit in New York Small Claims Court seeking the maximum statutory damages under FCRA 611 and 623.

-Issue a formal Notice of Intent to Sue to each credit bureau and XXXX XXXX XXXX XXXX XXXX 

-File formal complaints with the Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ), and New York State Attorney General.

This notice has been sent via CFPB.GOV for legal documentation and tracking purposes.

I have enclosed : A copy of my government-issued ID A copy of my lease Original dispute copies CFPB confirmation of dispute receipt The law is unambiguous : 30 days or deletion. I will accept nothing less than full removal of this unverified account. 

Respectfully, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX

Company response to consumer: Closed with non-monetary relief