Consumer complaint received 2025-06-08 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Was not notified of investigation status or results
Company: EQUIFAX, INC.
State: WI

Complaint narrative:
XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX ) XXXX XX/XX/XXXX CONSUMER FINANCIAL PROTECTION BUREAU ( CFPB ) XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX SUBJECT : FORMAL COMPLAINT REGARDING WILLFUL AND NEGLIGENT VIOLATIONS OF THE FAIR CREDIT REPORTING ACT ( FCRA ) BY EQUIFAX, LLCIMMEDIATE FAILURE TO REINVESTIGATE AND PROPERLY MARK DISPUTED ACCOUNTS AS REQUIRED BY FEDERAL STATUTE Dear Consumer Financial Protection Bureau ( hereinafter CFPB ), This communication constitutes a FORMAL and URGENT COMPLAINT against EQUIFAX, LLC ( hereinafter EQUIFAX ), Consumer Reporting Agency ( hereinafter CRA ), for its EGREGIOUS, PERSISTENT, and DEMONSTRABLY WILLFUL NON-COMPLIANCE, with its STATUTORY OBLIGATIONS AND DUTIES UNDER THE FAIR CREDIT REPORTING ACT ( hereinafter FCRA ), 15 U.S.C. 1681 et seq. Specifically, EQUIFAX HAS DISPLAYED A BLATANT DISREGARD FOR ITS MANDATORY DUTIES BY FAILING TO CONDUCT A REASONABLE INVESTIGATION OF DISPUTED ACCOUNTS BEING REPORTED/FURNISHED IN MY CONSUMER REPORT FILE ( hereinafter XXXX ), AND CRITICALLY, BY FAILING TO LIST TO INDICATE SUCH DISPUTED INFORMATION AS XXXX, THEREBY PERPETUATING THE DISSEMINATION OF FALSE, ERRONEOUS, INACCURATE, AND INCORRECT AND MISLEADING DATA! 

LEGAL STATEMENT It is well-settled under the FCRA, 15 U.S.C. 1681 et seq., that a CRA is legally mandated to conduct a timely, thorough, and good-faith reinvestigation of disputed information in a consumers file and to accurately report the status of any item under dispute. The continued failure of EQUIFAX to comply with these statutory obligations constitutes willful and negligent noncompliance in direct violation of 15 U.S.C. 1681i, 1681s-2 ( a ) ( 3 ), and 1681e ( b ), and has been routinely condemned by federal courts.

Under 15 U.S.C. 1681i ( a ) ( 1 ) ( A ), when a consumer notifies a CRA of a dispute regarding the accuracy of any item in their credit file, the CRA is required to conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate. The law demands that this process go beyond perfunctory verification with the furnisher and must involve an independent and meaningful examination of the dispute. 

A reinvestigation that merely parroted information received from the original source is not reasonable under the FCRA. 
XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXXXXXX XXXX XXXX XXXX XXXXXXXX ) The CRA may not blindly rely on a data furnishers verification but must exercise its own judgment and weigh the evidence provided by the consumer. 
XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ) A reinvestigation must be more than a rubber stamp of the creditors position. 
XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX XXXX, XXXX ) EQUIFAXs repeated failures to reasonably investigate disputesparticularly when consumers provide documentary evidenceconstitute a systemic breach of their statutory duties and are legally actionable under 1681n ( willful noncompliance ) and 1681o ( negligent noncompliance ).

When a consumer files a dispute regarding the completeness or accuracy of information in their file, the CRAs are required to indicate clearly that the item is disputed by the consumer. The requirement to annotate a tradeline as disputed is mandatory and non-discretionary. 

Failing to mark a disputed account as such is a violation of the FCRA. Even if the CRA believes the dispute to be without merit, it must still indicate the account is disputed. 
XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) It is well-established that a credit reporting agencys omission of a consumers dispute, regardless of outcome, XXXX render a report inaccurate or misleading. 
XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) Marking the account as disputed is not optional ; it is a statutory obligation. 
XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX ) EQUIFAXs refusal to mark accounts as disputed after proper and timely notice not only distorts the accuracy of the consumers credit file but also impairs the consumers right to fair and equitable treatment under federal law. 

Their continued violations entitle aggrieved consumers to individual and potentially class-wide relief, and warrant heightened scrutiny and enforcement action by regulatory bodies such as the CFPB and Federal Trade Commission XXXX hereinafter FTC ). 

JURISDICTION AND GOVERNING STATUTES : This Complaint falls squarely within the Investigative and Enforcement purview of the CFPB pursuant to 12 U.S.C. 5511 et seq. and its delegated authority concerning the strict Enforcement of the FCRA, 15 U.S.C. 1681 et seq. 

FACTUAL PREDICATE FOR COMPLAINT : On XX/XX/XXXX, the Complainant formally transmitted a comprehensive legal correspondence, specifically designated as a " FORMAL COMPLAINT AND REQUEST FOR REINVESTIGATION, '' to EQUIFAX. Please See Supporting Documents, Letter to EQUIFAX Dated XXXX ) This correspondence meticulously detailed EQUIFAXs profound dereliction of duty in its reporting and furnishing of FALSE, ERRONEOUS, UNAUTHORIZED, INACCURATE, AND INCORRECT information within the Complainant 's EQUIFAX XXXX. The explicit subjects of said dispute were : XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX ( Reported Balance : {$9400.00} ) ; AND XXXX ) XXXXXXXX XXXX XXXX XXXXXXXX ( Reported Balance : {$2100.00} ) XXXXXXXX XXXX XXXX XXXXXXXX ( Reported Balance : {$2600.00} ). 

Documentary evidence, including a verifiable XXXX  Tracking Receipt XXXX, Dated XX/XX/XXXX, for EQUIFAX DISPUTE LETTER, unequivocally confirms that EQUIFAX received this critical legal correspondence. ( Please See Supporting Documents, XXXX  Tracking Receipt XXXX, Dated XX/XX/XXXX ) This mailing/receipt date commenced EQUIFAX 's thirty ( 30 ) day statutory obligation under 15 U.S.C. 1681i ( a ) ( 1 ) ( A ) to conduct a reasonable reinvestigation.

Subsequent diligent review of the Complainant 's online myEQUIFAX account reveals a persistent and alarming non-compliance : as of the date of this complaint, none of the aforementioned disputed accounts are currently listed or flagged as being " under dispute '' by EQUIFAX. This inexcusable omission occurs notwithstanding EQUIFAX 's demonstrable receipt of the Complainant 's formal and unequivocal dispute.

VIOLATIONS OF FEDERAL LAW AND ESTABLISHED LEGAL PRECEDENT : EQUIFAX 's actions, or more accurately, its severe inactions and failures, constitute clear and actionable violations of multiple provisions of the FCRA, 15 U.S.C. 1681 et seq., as reinforced by a substantial body of federal jurisprudence : 1. Violation of 15 U.S.C. 1681i ( a ) ( 1 ) ( A ) Failure to Conduct a Reasonable Reinvestigation : EQUIFAX is statutorily mandated, upon notification of a dispute by a consumer, to " conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate. '' The mere forwarding of a dispute to a furnisher, or a perfunctory verification process without considering evidence provided by the consumer, does not satisfy this duty. See 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 XXXX XXXX XXXXXXXX ). EQUIFAX 's failure to even mark the accounts as disputed, despite formal notice, strongly indicates a complete absence of a reasonable reinvestigation, or a reinvestigation so deficient as to be tantamount to no investigation at all.

2. Violation of 15 U.S.C. 1681i ( a ) ( 3 ) Failure to Indicate Disputed Information : The FCRA unequivocally states that " [ i ] f after any reinvestigation under paragraph ( 1 ) of this subsection of information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation. If the reinvestigation does not resolve the dispute, the consumer reporting agency shall include in the consumer 's file a statement that the information is disputed by the consumer. '' The immediate and undeniable failure of EQUIFAX to mark these accounts as " disputed '' on my consumer report, subsequent to their formal receipt of my complaint on XX/XX/XXXX, represents a direct and egregious breach of this clear statutory mandate. This violation is self-evident from my current credit file.

3. Violation of 15 U.S.C. 1681e ( b ) Failure to Maintain Maximum Possible Accuracy : EQUIFAX is obligated to " follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. '' By disseminating reports that fail to reflect the disputed status of these accounts, EQUIFAX is actively failing to assure maximum possible accuracy. The inclusion of inaccurate or incomplete information, coupled with the failure to properly investigate and flag disputes, constitutes a systemic procedural deficiency. See XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

4. Willful and/or Negligent Non-Compliance 15 U.S.C. 1681n and 1681o : EQUIFAX 's actions herein, particularly its failure to acknowledge the dispute by marking the accounts as such, despite direct and verifiable receipt of a formal legal dispute, rises beyond mere negligence. Such conduct indicates a willful disregard for its statutory duties, potentially meeting the standard for " willfulness '' as defined by the Supreme Court in XXXX XXXX. XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ), which requires a showing that the defendant " knowingly or recklessly '' disregarded its FCRA obligations. This deliberate inaction, following explicit formal notice, demonstrates a conscious disregard for, or an indifference to, the Complainant 's rights and EQUIFAX 's responsibilities under the FCRA.

ADVERSE IMPACT ON COMPLAINANT : EQUIFAX 's continued reporting of unauthorized, inaccurate, and incorrect information, coupled with its blatant failure to acknowledge and flag the disputed nature of these accounts, is causing substantial and irreparable harm to the Complainant. These actionsor more accurately, inactionsconstitute willful and/or negligent noncompliance under the FCRA and expose EQUIFAX to liability under 15 U.S.C. 1681n ( willful noncompliance ) and 1681o ( negligent noncompliance ), including statutory and actual damages, punitive damages, attorneys fees, and costs. 

Relevant case law confirms EQUIFAXs liability in such matters : XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) : The court held that CRAs must do more than merely parrot information received from creditors and must conduct an independent and reasonable investigation ; XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) : CRAs are liable for failing to note accounts as disputed, even while the dispute is pending ; XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) : A CRAs failure to indicate a consumer dispute on a credit file is a per se violation of 1681s-2 ( a ) ( 3 ) ; and XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX ) : Failure to conduct reinvestigation in a meaningful, timely manner is a breach of the FCRA. 

EQUIFAXs refusal to act upon a properly submitted dispute is not merely bureaucratic negligenceit is a knowing and systemic violation of federal law. 

This includes, but is not limited to : Undue and artificial degradation of the Complainant 's credit score and creditworthiness ; Impairment of access to credit, housing, employment, and other financial opportunities ; The imposition of higher interest rates and less favorable terms on financial products ; Significant emotional distress, anxiety, and substantial inconvenience resulting from the persistent misreporting and the necessity of initiating formal complaints ; and Potential for severe financial prejudice by presenting a misleading credit profile to prospective creditors and other entities. 

DEMAND FOR IMMEDIATE AND COMPREHENSIVE REGULATORY ACTION : The Complainant demands that the CFPB undertake an immediate and thorough investigation into EQUIFAX 's pattern of non-compliance and statutory violations. The Complainant further demands that the CFPB compel EQUIFAX to effectuate the following indispensable remedies without further delay : IMMEDIATE COMPLIANCE WITH 15 U.S.C. 1681i ( a ) ( 3 ) : EQUIFAX must forthwith and conspicuously mark all three aforementioned Accounts XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX as " DISPUTED BY THE CONSUMER '' on the Complainant 's EQUIFAX Consumer Report File and all subsequent reports generated therefrom, retroactively effective to XX/XX/XXXX ; REASONABLE AND COMPLIANT REINVESTIGATION : EQUIFAX must conduct a proper, diligent, and reasonable reinvestigation into the accuracy and authorization of all disputed accounts, considering all evidence previously provided by the Complainant, in strict adherence to 15 U.S.C. 1681i ( a ) ( 1 ) ( A ) ; CORRECTION AND PERMANENT DELETION/BLOCK : Upon the conclusion of a compliant reinvestigation, EQUIFAX must promptly DELETE/BLOCK or modify any inaccurate, unverifiable, or unauthorized information from the Complainant 's file, as dictated by the reinvestigation 's outcome and the directives of 15 U.S.C. 1681i ( a ) ( 5 ) ; PROVISION OF REINVESTIGATION RESULTS : EQUIFAX must furnish the Complainant with a detailed written description of the procedures used to determine the accuracy and completeness of the disputed information, as required by 15 U.S.C. 1681i ( a ) ( 6 ) ; EVALUATE EQUIFAX for WILLFUL FCRA VIOLATIONS and initiate appropriate Regulatory Sanctions and/or Penalties ; and REFER THIS MATTER TO THE FEDERAL TRADE COMMISSION ( FTC ) and APPROPRIATE STATE ATTORNEY GENERALS for additional enforcement action if needed. 

This is not merely a request for correction ; it is an assertion of fundamental consumer rights under federal statute and a demand for regulatory intervention to rectify a systemic failure on the part of a major CRA. The Complainant reserves all rights to pursue all available legal remedies, including but not limited to, private civil action for damages, injunctive relief, punitive damages, and attorney 's fees, as provided for under 15 U.S.C. 1681n and 1681o. 

I thank you in advance for your immediate and decisive intervention in this critical matter. The integrity of the credit reporting system and the protection of consumers ' financial lives depend on the rigorous enforcement of the FCRA. 

Respectfully Submitted, XXXX XXXX XXXX XXXX XXXX XXXX XXXX Please find attached the following Supporting Documentation in reference to this Complaint : Copy of XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Copy of Complainants front page of Legal Dispute letter sent to EQUIFAX XX/XX/XXXX, Delivery confirmation XXXX  Tracking XXXX XXXX, Dated XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
XXXX XXXX, XXXX ATTY. GENERAL-CONSUMER COMPLAINT DIV. 
XXXX XXXXXXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with non-monetary relief