Consumer complaint received 2025-01-24 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: NV

Complaint narrative:
XXXX XXXX has engaged in deceptive, inaccurate, and illegal credit reporting practices that violate the Fair Credit Reporting Act ( FCRA ) and Nevada UCC repossession laws. The company has failed to conduct a reasonable investigation, has reported inconsistent information across multiple bureaus, and has continued illegal collection activities even after repossessing and selling the vehicle. 

Inconsistent Credit Reporting Across Bureaus XXXX has reported different balances, payment histories, and account statuses across XXXX, Equifax, and XXXX, violating FCRA ( 15 U.S.C. 1681s-2 ). Creditors are responsible for ensuring that the data they report is accurate and consistent. XXXX must provide Metro 2 Compliance Data proving they submitted identical reporting to all three bureaus. If they can not, the tradeline must be deleted. 

Failure to Conduct a Reasonable Investigation Under FCRA 1681i ( a ), furnishers must conduct a meaningful reinvestigation of disputes. Despite multiple disputes over the years, XXXX has repeatedly verified the account without providing proof of a proper investigation. They must provide the exact E-OSCAR dispute codes and dispute verification records. If they can not, the account must be deleted. 

Violation of FCRA and CFPB Reporting Rules Due to Inaccurate Repossession Reporting - XXXX has continued reporting the repossession monthly for over three years, even though the vehicle was repossessed and sold at auction. This violates FCRA 1681c ( a ) ( XXXX ) and CFPB guidelines, which prohibit creditors from re-aging debt or updating a charged-off account to make it appear newer than it really is. 

Under FCRA, a repossession must be reported using the original Date of First Delinquency ( DOFD ) and can not be updated monthly as if it is a new delinquency. 
Under FDCPA 1692e ( 8 ), furnishers are prohibited from misleading credit reporting, including falsely extending the impact of a delinquency. 
XXXX must provide full Metro 2 Compliance data proving they have not illegally updated this account beyond the original DOFD. If they can not, this tradeline must be deleted for violating federal credit reporting laws. 

Failure to Provide Legally Required Repossession Notices XXXX repossessed my vehicle and is reporting a deficiency balance but has failed to provide the required pre-sale and post-sale notices under Nevada XXXX laws ( XXXX XXXX, XXXX ). Under Nevada law, the lender must send ( 1 ) a Notice of Intent to Sell before auction, ( 2 ) a post-sale Deficiency Letter explaining how the deficiency was calculated, and ( XXXX ) an itemized breakdown of the auction sale proceeds. If they can not produce these documents, the deficiency balance is unenforceable and must be removed from my credit reports. 

Misrepresentation of Repossession Status XXXX has falsely reported my repossession as " involuntary '' when it was voluntary. This misrepresentation of account status is deceptive and materially misleading under FCRA. The account must either be corrected or deleted in full. 

XXXX XXXX Reporting Violations Based on the Original Loan Agreement - XXXX is the original creditor, meaning they are responsible for all credit reporting under FCRA 1681s-2. 
The loan agreement does not state that they can update the repossession as an active balance after the vehicle was soldmaking their reporting deceptive. 
If XXXX has updated the repossession monthly for XXXX years post-sale, this is a violation of FCRA and CFPB rules against misreporting charged-off accounts. 
XXXX XXXX also be misleading credit bureaus by reporting false post-repo balances, violating FDCPA 1692e ( 8 ). 

Potential Unlawful Collection Activity Despite the vehicle being repossessed and sold, XXXX has engaged in continued collection efforts without proving the legitimacy of the deficiency balance. Without proper documentation, these collection efforts violate FCRA and potentially FDCPA protections against deceptive collection practices. 

XXXX has been notified of these violations multiple times but has failed to correct them. I have already escalated this issue to the FTC, Nevada Attorney General, and XXXX  If XXXX fails to comply, further legal action will be pursued.

Company response to consumer: Closed with explanation