Consumer complaint received 2024-12-30 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: FL

Complaint narrative:
Subject : Request for Removal of Inaccurate Late Payment Reporting FCRA Violations Dear XXXX, I am writing to formally dispute an alleged late payment reported on my account. This late payment was reported by XXXX XXXX XXXX to your agency, Equifax XXXX and I believe that this entry is inaccurate. The payment in question is identified as late, but I do not believe that the creditor has followed the legal requirements to report it as such under the Fair Credit Reporting Act ( FCRA ) and related laws.

Legal Basis for Dispute : Under 15 U.S. Code 1681a ( 2 ), the term consumer report does not include reports that solely contain information regarding transactions or experiences between a consumer and the person making the report. As such, any transaction or experience between myself and [ Creditor Name ] regarding this account should not be included in my consumer credit report.

Furthermore, 15 U.S. Code 1666b prohibits a creditor from treating a payment as late unless they can show that the periodic statement was mailed or delivered to the consumer at least 21 days before the payment due date. This is an essential element for justifying any late payment reporting. 

Requested Documentation : In order for XXXX XXXX XXXX to justify reporting this payment as late, they must provide proof of compliance with the following : XXXX. Proof of Compliance with 15U.S.Code1637 ( b ) : I request documentation showing that the periodic statement, containing all required information, was mailed or delivered to me at least 21 days before the payment due date.

2. Detailed Documentation : Under 15 U.S. Code 1637 ( b ), specific information must be included in the periodic statement. Please provide documentation that proves the statement was issued in compliance with these requirements and was delivered within the legal timeframe.

Notice of Requirements : In accordance with Rule 1002, you are required to provide me with the requested documentation within 10 calendar days of receiving this notice.

Please be advised that merely asserting the information is accurate is not sufficient. Without clear proof of compliance with the relevant provisions of the FCRA ( specifically 15 U.S. Code 1681a ( 2 ) ( A ) ( i ), 1666b, and 1637 ( b ) ), the information reported to the credit bureau is invalid, and there is no basis for it to remain on my credit report. 

Request for Action : If XXXX XXXX XXXX can not provide the necessary proof of mailing or delivery of the required information, I request that this late payment be deleted from my credit report. Failure to do so will be considered a violation of 15 U.S. Code 1681s-2, which prohibits the reporting of inaccurate or unverifiable information.

I respectfully request that you take the appropriate action to remove this inaccurate late payment entry from my credit report within XXXX calendar days of receiving this notice. 

Late Payment ( XXXX ) in Question : XXXX XXXX XXXX ( OPEN DATE : XXXX XXXX ) XXXX XXXX XXXX ( OPEN DATE : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX ) ( ACCOUNT # XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX ( OPENED : XX/XX/XXXX ) ( ACCOUNT # XXXX ) Thank you for your prompt attention to this matter. I look forward to your response and confirmation that the disputed late payment entry has been removed. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with non-monetary relief