Consumer complaint received 2025-01-19 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: FL

Complaint narrative:
his letter serves as a formal dispute under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 and related provisions, regarding inaccuracies and discrepancies in my credit report. Additionally, I reference the Truth in Lending Act ( TILA ), specifically 15 U.S.C. 1602, which defines the terms " creditor '' and " open-end credit plan '' as they pertain to my credit accounts. Below are the specific inaccuracies I am disputing along with legal precedents to support my claims : XXXX. XXXX XXXX  Account Account Number : [ Redacted for Privacy ] Discrepancy : XXXX reports a charged-off balance of {$310.00} with XXXX negative months. 

Equifax reports a charged-off balance of {$310.00} with XXXX negative months. 

XXXX reports a charged-off balance of {$310.00} but does not detail negative months. 

Violation : The inconsistent reporting across credit bureaus demonstrates a failure to ensure maximum possible accuracy as required under 15 U.S.C. 1681e ( b ). Furthermore, under TILA, 15 U.S.C. 1602 ( j ), I am the " creditor '' in an open-end credit plan, and it is improper to classify an account as closed or charged off when it is inherently open-ended. 

Case Law Support : In XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX. XXXX ), the court held that credit reporting agencies must ensure accuracy in the reporting of consumer data. Additionally, in XXXXXXXX XXXX XXXXXXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ), the definition of open-end credit was further clarified to include any plan permitting repeated transactions, which applies to this account. 

XXXX. XXXX XXXX  Account Account Number : [ Redacted for Privacy ] Discrepancy : XXXX reports a charged-off balance of {$1200.00} with XXXX negative months. 

Equifax reports a charged-off balance of {$1200.00} with XXXX negative months. 

XXXX reports a charged-off balance of {$1200.00} but provides no detail about negative months. 

Violation : These inconsistencies violate 15 U.S.C. 1681i ( a ), which mandates reinvestigation of disputed information to ensure consistency. Under TILAs definition of " open-end credit plan '' ( 15 U.S.C. 1602 ( i ) ), the account can not be legitimately closed since the ability to access credit through revolving means remains inherent. 

Case Law Support : In XXXX XXXX XXXX XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX ( XXXXXXXX XXXX XXXXXXXX ), inaccuracies affecting creditworthiness must be addressed. Additionally, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) supports the interpretation of open-end credit plans as perpetually accessible credit lines. 

XXXX. Student Loans ( XXXX ) Account Numbers : [ Multiple, Redacted for Privacy ] Discrepancy : XXXX lists these accounts as open and deferred. 

Equifax lists the accounts as closed and paid off. 

XXXX does not mention these accounts. 

Violation : The absence and inconsistent reporting violate 15 U.S.C. 1681s-2 ( b ) ( 1 ) ( A ), requiring furnishers to accurately report account information. Additionally, under 15 U.S.C. 1602 ( j ), these accounts reflect open-end credit characteristics, rendering " closed '' designations incorrect. 

XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX omissions or inaccuracies by furnishers harm the consumer 's creditworthiness and must be corrected. 

4. Credit Utilization and Balances Discrepancy : XXXX and Equifax report a credit utilization rate of 107 %, indicating high risk. 

XXXX does not report utilization rates but lists total balances significantly higher than the other two bureaus.

Violation : Such incomplete data violates the duty of completeness under 15 U.S.C. 1681s-2 ( a ). Under TILA definitions, revolving credit balances and utilization rates must be reported accurately as part of open-end credit plans. 

Case Law Support : In XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX ( XXXX XXXX. XXXX ), the court emphasized that credit reports must present a full and accurate picture of the consumers financial situation. 

XXXX. Addresses and Personal Information Discrepancy : XXXX lists an additional address ( XXXX XXXX XXXX XXXX ) not found in XXXX or Equifax reports. 

Violation : Reporting unverified addresses without proper investigation violates XXXX XXXX. XXXX ( b ). 

Case Law Support : In XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), the court held that inaccurate personal data could harm the consumers credit reputation and must be corrected. 

Requested Actions Delete All Closed Accounts : Per TILA and FCRA, accounts that qualify as open-end credit plans can not be classified as closed or charged off. 

Remove Inquiries : All inquiries not authorized by me should be removed as they are not compliant with FCRA standards. 

XXXX XXXX XXXX XXXX : Verify all disputed items and ensure consistency across all reports. 

Provide Documentation : Supply evidence supporting the accuracy of the disputed accounts or remove them entirely.

Confirm Changes : Provide a corrected copy of my credit report upon resolution. 

Compensate Damages : Remit {$1000.00} for each verified violation of 15 U.S.C. 1681n for willful noncompliance with the FCRA and TILA. This amount reflects the statutory damages I am entitled to under federal law.

Failure to address these inaccuracies may result in further legal action, including filing complaints with the Consumer Financial Protection Bureau ( CFPB ) and pursuing remedies under 15 U.S.C. 1681n and 1681o for willful and negligent violations.

Please acknowledge receipt of this letter and inform me of the next steps within the timeframe mandated by law ( 30 days ). I have attached copies of my identification and supporting documents to facilitate your investigation. 

Thank you for your immediate attention to this matter.

Company response to consumer: Closed with non-monetary relief