Consumer complaint received 2024-11-08 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: NY

Complaint narrative:
Subject : Request for Investigation and Removal of Inaccurate Charge-Off Accounts and Late Payments from Credit Report Account Number : XXXX ( XXXX XXXX XXXX XXXX XXXX To Whom It May Concern, I am writing to file a formal complaint regarding several charge-off accounts and late payments on my credit report that I believe are inaccurate, incomplete, or unverifiable. I respectfully request the CFPB 's assistance in investigating these items and ensuring my rights under the Fair Credit Reporting Act ( FCRA ) and other federal consumer protection laws are upheld. Below, I present the basis of my dispute, supported by relevant U.S. Code ( USC ) sections and court precedents.

1. Violation of 15 U.S.C. 1681e ( b ) : Duty to Assure Maximum Possible Accuracy Under 15 U.S.C. 1681e ( b ), credit reporting agencies ( CRAs ) are required to " follow reasonable procedures to assure maximum possible accuracy '' in the information they report. I believe that the presence of the charge-offs and late payments on my credit report indicates a failure to uphold this duty. In Cushman v. Trans Union Corp., 115 F.3d 220 ( 3d Cir. 1997 ), the court held that CRAs must go beyond a superficial verification process and conduct thorough investigations to validate disputed items. Given this precedent, the charge-offs and late payments on my report should be scrutinized rigorously, as they have not been adequately validated.

2. Inaccurate or Unverified Reporting Under 15 U.S.C. 1681i : Consumer Disputes Under 15 U.S.C. 1681i, I have the right to dispute inaccurate or incomplete information on my credit report, and CRAs are obligated to conduct a reasonable investigation upon my request. As shown in Henson v. CSC Credit Services, 29 F.3d 280 ( 7th Cir. 1994 ), the CRA 's failure to correct inaccurate data is grounds for relief under the FCRA. I have already disputed these items, and the CRAs have failed to provide concrete documentation verifying the accuracy and legitimacy of the charge-offs and late payments.

3. Failure to Verify Account Accuracy as Required by 15 U.S.C. 1681s-2 ( b ) : Furnisher Responsibilities The FCRA, under 15 U.S.C. 1681s-2 ( b ), mandates that data furnishers ( such as creditors and collection agencies ) must investigate disputed information and provide accurate updates to CRAs. In Gorman v. Wolpoff & Abramson, LLP, 584 F.3d 1147 ( 9th Cir. 2009 ), the court confirmed that a furnisher 's failure to conduct an adequate investigation can be considered willful non-compliance. Since the creditors in question have not provided the necessary documentation proving the accuracy of these accounts, I believe they have not fulfilled their statutory duty to verify the accuracy of reported information.

4. Incorrect Reporting of Charge-Off Status as Per 15 U.S.C. 1681c ( a ) : Obsolete Information According to 15 U.S.C. 1681c ( a ), certain derogatory information, including charge-offs and late payments, must not be reported after a specified time period. Given this stipulation, I am requesting that any outdated or obsolete information be immediately removed from my report to prevent further harm to my credit profile.

Relief Requested : Based on the aforementioned violations of the FCRA, I request the CFPB 's assistance in : 1. Verifying the legitimacy of the disputed charge-offs and late payments by obtaining documentation from the furnishers that proves the debt and the specific details regarding the status of the accounts.

2. Ensuring the immediate removal of any items that can not be verified as accurate or complete according to the FCRA and relevant case law.

3. Investigating potential willful non-compliance by the data furnishers if they fail to provide adequate documentation in response to my disputes.

The presence of these inaccuracies on my credit report has caused me significant hardship, and I believe I am entitled to an accurate credit report under federal law. I appreciate your attention to this matter and look forward to a thorough investigation that upholds my consumer rights under the FCRA. 

Thank you for your assistance. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation