Consumer complaint received 2025-04-22 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: GA

Complaint narrative:
I am submitting this complaint to request immediate intervention due to serious violations of the Fair Credit Reporting Act ( FCRA ), Fair Debt Collection Practices Act ( FDCPA ), and Truth in Lending Act ( TILA ) by EQUIFAX. Despite previous requests for correction, these violations continue to negatively impact my credit report and financial standing.

Details of the Complaint : 1. Failure to Ensure Maximum Possible Accuracy The FCRA requires that credit bureaus and creditors ensure the accuracy of the information they report. My credit report contains inaccurate entries from XXXX XXXX -ACCOUNT NUMBER : XXXX ) that remain unverified despite formal disputes, causing significant harm to my credit score and credibility. Previous attempts to address these inaccuracies have been inadequately handled, demonstrating a failure to uphold FCRA standards for accuracy.

2. Inadequate Investigation and Reliance on Automated Verification Systems Under FCRA, 15 U.S.C. 1681i ( a ) ( 7 ) and 1681s-2, creditors and credit bureaus must conduct thorough investigations of disputed information. However, my previous disputes have been met with automated responses through systems like e-OSCAR, which fail to meet legal requirements for a complete investigation. This approach neglects a comprehensive review of the disputed entries, perpetuating inaccurate information on my report.

3. Non-Compliance with Truth in Lending Act ( TILA ) Requirements As outlined in TILA, creditors must issue clear and accurate billing statements and disclose essential account information to consumers. XXXX XXXX -ACCOUNT NUMBER : XXXX ) has not adhered to TILA requirements in handling my account, resulting in erroneous charges and inaccurate reporting. This failure to comply with TILA has compounded the inaccuracies on my credit report, further violating my rights as a consumer.

4. Violation of FDCPA Standards for Accuracy and Non-Deceptive Practices The FDCPA mandates that debt collectors and furnishers of information must report accurate, verifiable data. The accounts in question have been repeatedly reported inaccurately, with misleading information that has not been corrected despite my disputes, constituting a violation of FDCPA protections.

According to the Fair Credit Reporting Act ( FCRA ), specifically : 15 U.S.C. 1681a ( 4 ) : Protects my privacy rights by ensuring that my credit information is accurate and not misrepresented.

15 U.S.C. 1681b ( 2 ) : Details permissible purposes for accessing my credit report, indicating that only authorized parties can access my information.

15 U.S.C. 1681i : Requires credit reporting agencies to conduct a reasonable investigation when information is disputed.

Additionally, I am invoking 15 U.S.C. 609 ( a ) ( 1 ) ( a ) and 15 U.S.C. 609 ( a ) ( 2 ) to request the removal and to demand proof of its verification. Section According to the Fair Credit Reporting Act, Section 609 ( a ) ( 1 ) ( A ), you are required by federal law to verify, through the physical verification of the original signed consumer contract, any and all accounts that you post on a credit report. Otherwise anyone paying for your reporting services could fax, mail or email in a fraudulent account. 

SUPPORTING CASE LAW 1. Cortez v. XXXX XXXX XXXX XXXX, 617 F.3d 688 ( 3d Cir. 2010 ) : This case held credit bureaus accountable for failing to conduct adequate investigations in consumer disputes, emphasizing the duty to rigorously verify any disputed information.

2. Dennis v. BEH-1, LLC : This case reinforces the importance of reasonable verification procedures required by the FCRA, supporting the request for a thorough investigation and, if verification is impossible, deletion of the information.

3. Henson v. CSC Credit Services, 29 F.3d 280 ( 7th Cir. 1994 ) : This case underscored the responsibility of credit bureaus to verify and correct erroneous information in disputes, establishing a clear verification standard under the FCRA. This reinforces the need for the agency to provide a complete and transparent response regarding the verification procedures undertaken for this dispute.

4. Dalton v. Capital Associated Industries, Inc. : 1. This case emphasizes the need for credit reporting agencies to follow reasonable procedures to assure maximum possible accuracy of the information in credit reports.

5. Philbin v. XXXX XXXX XXXX. : 1. It highlights the liability of credit reporting agencies if they fail to adopt and apply reasonable procedures for accuracy when a consumer disputes information on their report.

6. Cushman v. XXXX XXXX XXXX : XXXX. Emphasizes that credit bureaus must conduct a reasonable investigation into disputed information, particularly not heavily relying on automated verification methods. 
7. Guimond v. XXXX XXXX XXXX XXXX XXXX : 1. This case discusses the responsibility of credit bureaus to correct inaccurate information and the potential for consumer remedy under the FCRA.

8. Pinner v. Schmidt : 1. Reinforces the requirement for credit reporting agencies to correct inaccurate, incomplete, or unverifiable information promptly.

9. Dennis v. BEH-1, LLC : 1. Reiterates the duties of credit reporting agencies to investigate and ensure the removal or correction of disputed information where necessary.

10. Jones v. Experian Information Solutions : 1. This case explores the consequences for credit reporting agencies when they fail to remove or correct inaccurate information after a consumer dispute.

IN THIS CASE FCRA Provisions : 15 U.S.C. 1681h - Conditions and form of disclosure to consumers : This section mandates that credit reporting agencies provide consumers with clear and accurate disclosures of information, including the sources of that information, upon request.

15 U.S.C. 1681i ( a ) ( 1 ) ( A ) - Reinvestigation of Disputed Information : This requires credit reporting agencies to conduct a reasonable reinvestigation if a consumer disputes the accuracy of any item of information, typically within 30 days.

15 U.S.C. 1681i ( a ) ( 5 ) - Treatment of Inaccurate or Unverifiable Information : Details the obligation to delete or modify information that is found to be inaccurate or can not be verified. The agency must also notify the data furnisher of the changes.

15 U.S.C. 1681g ( c ) - Summary of Consumer Rights : Credit reporting agencies must provide a summary of consumer rights with each consumer report, which includes explanations of FCRA rights.

15 U.S.C. 1681l - Restrictions on Investigative Consumer Reports : Limits the content of reports and ensures that any investigative processes comply with consumer protection standards.

15 U.S.C. 1681p - Jurisdiction of courts ; limitation of actions : Discusses the time frame for filing lawsuits regarding violations, which can emphasize the timeliness and urgency of your claims.

Including these provisions can further support your position by illustrating additional obligations and consumer rights under the FCRA. It also emphasizes the regulatory framework that credit bureaus must comply with.

Company response to consumer: Closed with explanation