Consumer complaint received 2024-08-22 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: EQUIFAX, INC.
State: NC

Complaint narrative:
Despite the fact that I have disputed these accounts numerous times, Equifax still continues to report incorrect information and refuses to remove the accounts. 
regarding the inaccurate reporting of XXXX accounts on my credit report : XXXX XXXX XXXXXXXX XXXX. The reporting errors involve discrepancies in the payment history and account status, which may constitute violations of the Fair Credit Reporting Act ( FCRA ). Below are the details of each issue : XXXX. XXXX Account : Account Status : The account is marked as " Open '' despite being reported as " Charged Off. '' Payment History Discrepancy : The last payment is reported as XX/XX/XXXX, but the payment history chart shows a payment in XX/XX/XXXX. 

Potential FCRA Violations : Inaccurate Reporting : Reporting an account as " Open '' when it has been charged off is misleading and may constitute inaccurate reporting under the FCRA. This could mislead creditors and other users of the credit report.

Failure to Maintain Reasonable Procedures : The FCRA requires consumer reporting agencies to follow reasonable procedures to ensure maximum possible accuracy. Reporting a charged-off account as " Open '' suggests a failure to maintain such procedures. 
Failure to XXXXorrect Inaccurate Information : If this error has been previously disputed and not corrected, it represents a failure to fulfill the obligations under the FCRA. 
XXXX. XXXX XXXX Account : Account Status : The account is marked as " Open '' but is also reported as " Charged Off. '' Payment History Discrepancy : The last payment is stated as XX/XX/XXXX, but the payment history chart shows payments in green for months after XX/XX/XXXX. 
Potential FCRA Violations : Inaccurate Reporting : Similar to the XXXX account, reporting an account as " Open '' when it has been charged off is inaccurate and could be misleading to creditors. 
Failure to Maintain Reasonable Procedures : The inaccurate status suggests that the credit reporting agency may not be following the reasonable procedures required by the FCRA to ensure accurate reporting. 
Failure to Correct Inaccurate Information : If I have disputed this issue and it has not been corrected, it would constitute another violation of the FCRA. 

Impact of Errors : These reporting inaccuracies could harm my credit score and adversely affect my ability to obtain credit. The incorrect reporting of charged-off accounts as " Open '' is misleading and could have serious financial consequences.

Requested Resolution : Immediate Investigation and Correction : I request that the CFPB investigate this matter and require the credit reporting agencies to correct these inaccuracies promptly. 
Compliance with FCRA : I urge the CFPB to ensure that the credit reporting agencies are complying with the FCRA by maintaining reasonable procedures to assure maximum possible accuracy of consumer credit reports. 
Confirmation of Corrections : I request written confirmation from the credit reporting agencies that these issues have been resolved and that the inaccuracies have been corrected. 

Potential Damages : If these inaccuracies have caused harm, I reserve the right to seek damages as allowed under the FCRA. The ongoing inaccurate reporting and failure to correct these issues after a dispute may entitle me to compensation for any financial harm suffered.

Equifax is violating the following sections of the FCRA : Section 1681e ( b ) - Accuracy of Reporting : 15 U.S.C. 1681e ( b ) : This section requires consumer reporting agencies to follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. Reporting a charged-off account as " Open '' could violate this provision because it may not reflect the actual status of the account, leading to inaccurate reporting.

Section 1681i - Dispute Resolution : 15 U.S.C. 1681i ( a ) ( 1 ) ( A ) : This section mandates that if a consumer disputes the completeness or accuracy of any item of information contained in their file, the credit reporting agency must conduct a reasonable investigation and correct any inaccuracies. If Equifax fails to correct the status after a dispute, it could be violating this section.

Section 1681c - Reporting Obsolete Information : 15 U.S.C. 1681c ( a ) ( 4 ) : This section generally governs the reporting of accounts that have been charged off or placed for collection. While it mainly deals with the time frame for reporting negative information, it implies that charged-off accounts should be accurately reported.

Section 1681s-2 ( b ) - Responsibilities of Furnishers of Information : 15 U.S.C. 1681s-2 ( b ) : Although this section applies primarily to creditors ( furnishers of information ), it relates to the duty to correct and update information provided to credit reporting agencies. If the creditor has notified Equifax of the charge-off, but Equifax still reports the account as " Open, '' this may indicate a violation of the procedures required under the FCRA.

Section 1681n - Civil Liability for Willful Noncompliance : 15 U.S.C. 1681n : If Equifax willfully fails to comply with the FCRA requirements, including the accurate reporting of information, it may be liable to the consumer for damages. This section is relevant if you can prove that Equifax 's actions were willful.

Section 1681o - Civil Liability for Negligent Noncompliance : 15 U.S.C. 1681o : If Equifax negligently fails to comply with the FCRA, including reporting inaccurate information, it may be liable for actual damages, court costs, and attorneys fees.

I have attached a copy of the credit report accounts and marked/circled the accounts in question showing the discrepancies Equifax continues to report monthly.

Company response to consumer: Closed with non-monetary relief