Consumer complaint received 2025-05-02 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information is missing that should be on the report
Company: EQUIFAX, INC.
State: TX

Complaint narrative:
as a concerned consumer regarding an improperly reported debt collection. While I acknowledge owing the original debt to XXXXXXXX XXXX I question XXXX XXXX  authority to collect or report this debt. XXXX XXXX  has listed a past-due balance of {$320.00} on my credit report for over a year, without providing any proof of assignment or validation. This entry has harmed my credit ; it has prevented me from obtaining necessary financing ( for example, I have been denied a car loan and had difficulty pursuing home financing ) due to the lowered credit score. I respectfully request the CFPBs assistance in rectifying this situation.In XXXX XXXX XXXX XXXX XXXXold or assigned my account ( balance {$320.00} ) to XXXX XXXX  for collection. Since then, XXXX XXXX has been reporting the account as a delinquent collection on my credit reports. I do not contest the validity of the underlying XXXXXXXX XXXX debt, but after multiple requests, XXXX XXXX has failed to provide any documentation showing a valid assignment of my debt ( such as an authenticated contract or ledger from XXXX XXXX  ) specifically the original application with my wet ink signature. Without this proof, I can not verify that XXXX XXXX has the right to collect or report on the debt. Meanwhile, the collection account remains on my credit report, listing the full past-due amount and mark my credit score, even though I have sought clarification. 
FDCPA Validation of Debts : Under 15 U.S.C. 1692g ( a ), a debt collector must provide the consumer with the amount owed and the name of the creditor in its initial communication. Furthermore, 1692g ( b ) requires the collector to cease collection if the debt is disputed in writing until it mails a verification of the debt to the consumer. In my case, I have requested XXXX XXXX to validate the debt and prove its right to collect it. The collectors failure to provide the required verification ( including the identity of the original creditor or proof of assignment ) directly violates the FDCPA and casts doubt on its standing. 


FDCPA Original Creditor Information : The FDCPA explicitly requires debt collectors to disclose the original creditors name and address upon request. I have asked XXXX XXXX to confirm XXXXXXXX XXXX involvement and to supply original account records. Because XXXX XXXX can not substantiate that XXXX XXXX assigned this debt, it has not met its obligation under the FDCPA to identify the proper creditor. This omission is a further indication that the collection entry may be unlawful.

UCC Assignment and Proof of Debt : Uniform Commercial Code ( UCC ) 9-406 governs assignments of accounts and payment obligations. Notably, UCC 9-406 ( c ) provides that if the debtor ( account holder ) requests it, an assignee must furnish reasonable proof of assignment ; absent such proof, the debtor may discharge the obligation by paying the original assignor. UCC 9-406 ( a ) likewise states that a debtor can discharge the debt by paying the assignor until receiving authentic notice that payment should go to the assignee. To date, XXXX XXXX has not provided me with authenticated notice or proof that XXXX XXXX assigned this account to them. Under UCC 9-406, I am entitled to pay XXXX XXXX directly, and any collection efforts by an unverified assignee like XXXX XXXX  lack legal effect. 


FCRA Consumer Dispute Rights : The Fair Credit Reporting Act ( FCRA ) entitles consumers to dispute inaccurate or unverified information. Under 15 U.S.C. 1681i, once I dispute the accuracy of a credit item, the credit bureau must reinvestigate and delete it if it can not be verified. I have informed the credit bureaus that XXXX XXXX listing is unreliable, yet this entry remains. Moreover, 15 U.S.C. 1681s-2 ( d ) prohibits furnishers from continuing to report disputed information to credit agencies without flagging it as disputed. Neither XXXX XXXX nor the credit bureaus have marked this debt as disputed nor provided evidence that it has been verified. These failures violate my FCRA rights and warrant the removal of the information.

Damages and Remedies : Both the FDCPA and FCRA provide for damages when violations occur. Under 15 U.S.C. 1692k, a debt collector who violates the FDCPA is liable for actual damages plus up to {$1000.00} in statutory damages for individuals. Likewise, 15 U.S.C. 1681n allows recovery of actual and additional damages for willful FCRA violations. The wrongful listing of this collection account has caused measurable harm : it lowered my credit score and directly led to the denial of credit ( such as auto financing and potential home loans ). These setbacks constitute actual damages for which I may seek compensation under the cited statutes.

Based on the foregoing, I respectfully request the following resolution : Deletion of Collection Account ( With Prejudice ) : Permanently remove the XXXX XXXX collection entry from all of my credit reports, with prejudice. This means the debt may not be re-reported or refiled in the future. Given the lack of validation and the legal deficiencies noted above, maintaining this collection is unjust and violates my rights.

Monetary Compensation : Award actual damages to compensate for the credit impairment and lost opportunities caused by this wrongful reporting. As authorized under 15 U.S.C. 1692k ( FDCPA ) and 15 U.S.C. 1681n ( FCRA ), I seek recovery of the financial harm I suffered including higher loan costs and lost credit approvals due to the collection entry. 


Written Confirmation : Provide written confirmation once the account has been removed and any credit reports updated. I request a response from your office detailing the actions taken to resolve this complaint.

Company response to consumer: Closed with explanation