Consumer complaint received 2024-12-23 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: NJ

Complaint narrative:
Statement : There is inaccurate information which I do not recognize as being reported by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX EQUIFAX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  are committing willful noncompliance in violation of my consumer rights pursuant to the Fair Credit Reporting Act ( FCRA ). 

On XX/XX/XXXX, I submitted a CFPB complaint to report XXXX violation of my federally protected consumer rights through their reporting of inaccurate charge-off ) information. I submitted the complaint because XXXX is sharing NPI with Equifax, which the FCRA defines as a Non-Affiliated third-party. ( SEE ATTACHMENT-Complaint ) EQUIFAX completed their investigation on XX/XX/XXXX, but failed to delete or modify the inaccuracies and provide me as the consumer with a written notice of the results within 5 days as required by federal law pursuant to 15 U.S.C. 1681i ( a ) ( A ) of the FCRA. They have not mailed me a copy of my updated consumer report and they did not respond to the CFPB complaint until XX/XX/XXXX, which is 5 days past the federally required timeframe. I have provided proof of their civil liability for violation of my consumer rights. ( SEE ATTACHMENT-Equifax Confirmation XXXX XXXX ) On XX/XX/XXXX, EQUIFAXs response to the CFPB complaint falsely claims to have corrected the inaccurate information. ( SEE ATTACHMENT-Companys Response ) EQUIFAXs response falsely claims to have UPDATED and MODIFIED the inaccurate Charge-off information currently being reported as XXXX ( Account XXXX XXXXXXXX ). 

I checked my EQUIFAX consumer report and have provided proof that EQUIFAX has not updated or modified the inaccurate information as they have claimed in accordance with the FCRA. ( SEE ATTACHMENTS-highlighted Equifax report XXXX The inaccurate information of XXXX ( Account XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX which by law means that they should not be reporting any further information to my file. EQUIFAX has repeatedly misrepresented more inaccurate charge-off information for every month of the year of XXXX. Equifax and XXXX Willful Noncompliance with the laws of the FCRA entitle me to {$1000.00} payment for each violation of my consumer rights stemming from their civil liability. ( SEE ATTACHMENTS-highlighted Equifax report XXXX Equifax has falsely reported charge-off for 11 months after they allegedly closed the account. This illegal misrepresentation is a tortuous attempt to violate the federal statute of limitation laws. Each month that they report this inaccurate information allows them to illegally extend statute of limitations. I notified them that I do not recognize this inaccurate information as being reported. 

XXXX and XXXX have already corrected this inaccurate information is willfully noncompliant with the FCRA in violation of 15 U.S.C. 1681n.

Equifax falsely claims that they have updated and modified the inaccurate information on my consumer report but they have not provided me with a consumer report that is based upon the consumers file as that file is revised as a result of the reinvestigation as required by 15 U.S.C. 1681i ( a ) ( 6 ) ( B ) ( ii ) of the FCRA.

15 U.S.C. 1681a ( d ) ( 2 ) ( A ) EXCLUSIONS, states the term consumer report does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. 

A charged-off account would be considered part of transaction or experience information and the FCRA requires this information to be EXCLUDED from a consumers file. A charge-off is a creditors decision to write off a debt as uncollectible. This action reflects the direct relationship between the consumer and the creditor and the creditors experience with the consumers account. Charge-Off information is tied to a consumers identifiable financial behavior, similar to other NPI examples like payment history or account balances. 

This inaccurate information should be immediately deleted for violation of the FCRA. XXXX is misrepresenting nonpublic personal information on my EQUIFAX consumer report regarding an account that they claim to have closed on XX/XX/XXXX but are still reporting charge-off for every month of XXXX. 


Under 15 U.S.C. 1681a ( d ) ( 2 ), a charge-off is typically considered part of the transaction or experience information between the consumer and the creditor because it arises from the direct relationship between the consumer and the creditor. Transaction or experience information generally includes details about a consumers payment history, including on-time payments, late payments, and any other interactions the consumer has directly with the creditor. This is considered Nonpublic personal information ( NPI ).

A charged-off account would generally also be considered part of transaction or experience information. A charge-off is a creditors decision to write off a debt as uncollectible. This action reflects the direct relationship between the consumer and the creditor and the creditors experience with the consumers account.

Charge-Off information is tied to a consumers id
entifiable financial behavior, similar to other NPI examples like payment history or account balances. 
XXXX XXXX XXXX XXXX is illegally sharing NPI with non affiliated third party Consumer Reporting Agency ( CRA ) Equifax in violation of the FCRA.

12 CFR 1016.7 ( a ) ( i ) states that a financial institution must give notice that they disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; XXXX is unlawfully sharing nonpublic personal information and misrepresenting information to EQUIFAX. 15 U.S.C. 1681e states Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title Equifax and XXXX are not in compliance with federal law. This inaccurate information on my consumer file of XXXXXXXX XXXX XXXX XXXX has been falsely reported for 11 months as a charge-off to illegally extend federal statute of limitations in violation of my consumer rights through misrepresentation and willful noncompliance. 

Equifax is also reporting an address which is not associated with me listed as : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with non-monetary relief