Consumer complaint received 2025-02-07 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: TX

Complaint narrative:
Consumer Financial Protection Bureau ( CFPB ) XXXX XXXX XXXX XXXX, IA XXXX Subject : Formal Dispute Against XXXX XXXX XXXX for FCRA Violations and Fraudulent Credit Reporting To Whom It May Concern, I am filing this formal dispute against XXXX XXXX XXXX due to its continued failure to properly investigate fraudulent activity related to my auto loan and its ongoing violations of the Fair Credit Reporting Act ( FCRA ). Despite my multiple attempts to dispute the inaccuracies on my credit report, XXXX XXXX has illegally reported a charge-off for 26 months without resolution. The company only responded to my claims after I initiated legal action, which is a blatant disregard for consumer rights under federal law. 

Even during the litigation process, XXXX XXXX has continued to report this inaccurate and unverified charge-off to credit bureaus. Additionally, despite substantial evidence disproving their defenses, they have refused to correct the inaccuracies or conduct a proper investigation. 

Violations Committed by XXXX XXXX XXXX : XXXX. Failure to Properly Investigate My Dispute ( FCRA 1681s-2 ( b ) ) The FCRA requires that furnishers conduct a reasonable investigation upon receiving a dispute. Despite my submission of extensive documentation, XXXX XXXX failed to properly investigate and only responded after litigation was filed. 
Even after receiving a formal lawsuit, XXXX XXXX continued reporting inaccurate information without verification, in direct violation of federal consumer protection laws. 

2. Illegally Reporting a Charge-Off for Over 26 Months ( FCRA 1681s-2 ( a ) ) I was never notified of any repossession, resale, or rebuilding of my vehiclewhich XXXX XXXX falsely claims occurred. 
My former landlord confirmed that XXXX XXXX never attempted to send me any legal notice regarding these actions. 
By failing to inform me of these alleged actions and continuing to report a charge-off without substantiating it, XXXX XXXX is knowingly furnishing false information to credit bureaus. 

3. Contradictory Defenses and False Statements in Litigation During settlement discussions, substantial evidence disproved XXXX XXXX  defenses, yet they continued to provide misleading responses instead of correcting my credit report.

Their affirmative defenses contradict their own actions and obligations under the FCRA : First Defense ( Arbitration Agreement ) : Arbitration does not exempt XXXX XXXX from its duty to investigate disputes. They failed to investigate before litigation, violating FCRA 1681s-2 ( b ).

Second Defense ( Denial of FCRA Violation ) : Evidence clearly shows that XXXX XXXXl never conducted a timely or thorough investigation, violating FCRA guidelines.

Third & Fifth Defenses ( Statute of Limitations, Estoppel, and Res Judicata ) : These claims are meritless, as XXXX XXXX continued to report false information to credit bureaus well within the dispute window. 
Sixth & Ninth Defenses ( Denial of Wrongdoing & Justification of Actions ) : XXXX XXXX provided no legitimate justification for reporting false information and failing to correct it even after legal action was initiated. 
Eleventh & Twelfth Defenses ( Third-Party Liability ) : XXXX XXXX never disclosed any third-party involvement or notified me of any transfer of ownership, making this defense irrelevant.

Fifteenth Defense ( Truth as a Defense ) : The charge-off is false, and XXXX XXXX has provided XXXX valid documentation to support its reporting. 

4. Continuing to Report Inaccurate Information During Active Litigation ( FCRA 1681e ( b ) ) Despite being fully aware of the pending litigation, XXXX XXXX continues to report the charge-off to credit bureaus. 
Under FCRA, a furnisher must ensure the accuracy of the information they provide. XXXX XXXX refusal to correct known inaccuracies is a clear violation of the law. 

Requested Resolution : I request that the CFPB take immediate action against XXXX XXXX for its ongoing violations of the Fair Credit Reporting Act and its failure to act in good faith. I demand the following : 1. An immediate and thorough investigation into XXXXXXXX XXXX conduct. 
XXXX. The removal of the inaccurate charge-off from my credit report. 
XXXX. Financial penalties against XXXX XXXX for knowingly reporting false information and failing to investigate in a timely manner. 

I have attached all supporting documents, including my dispute records, legal filings, and communications with XXXX XXXX. Please confirm receipt of this dispute and provide updates on the investigation. 

Thank you for your time and attention to this matter. I look forward to your prompt response. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation