Consumer complaint received 2025-01-16 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: GA

Complaint narrative:
I am writing to address severe inaccuracies and violations related to the reporting and handling of an account under my name, [ Account Number:XXXX ]. Both XXXX XXXX XXXX and the credit reporting agencies are in violation of federal and state laws, as outlined below. This letter serves as a formal demand for immediate action to resolve these inaccuracies and to cease any unlawful activities. XXXX, Equifax, and XXXX have failed to fulfill its legal obligation under the Fair Credit Reporting Act ( FCRA ) to conduct a reasonable investigation of disputed information on my credit report, leaving inaccurate or unverifiable accounts. The Consumer Financial Protection Bureau ( CFPB ) has recently filed a lawsuit against XXXX, alleging systemic issues such as failing to forward consumer-provided evidence to furnishers, accepting unreliable responses, and failing to adequately notify consumers of dispute outcomes. These failures align with my experience, where XXXX, Equifax, and XXXX have neither corrected nor removed disputed items the evidence I provided, causing ongoing harm to my credit standing. I am requesting immediate corrective action to remove or amend the disputed accounts, as XXXX, Equifax, XXXX inaction violates federal law and my rights as a consumer. 
Unlawful Reporting Without Consent ( FCRA Section 604 ) : CRAs are allowed to report your information only for permissible purposes and with your implied consent ( e.g., for applying for credit or employment ). Continuing to report inaccurate or unverifiable information violates 15 U.S.C. 1681b. 
Negligent or Willful Noncompliance ( FCRA Sections 616 and 617 ) : Their refusal to investigate properly, provide records, or remove inaccurate information demonstrates negligence or willful noncompliance under 15 U.S.C. 1681n and 1681o. This opens them up to statutory damages, actual damages, and legal penalties. 
FCRA Section 623 ( a ) ( 1 ) - Duty of Furnishers to Provide Accurate Information : XXXX XXXX XXXX ( the furnisher ) is obligated to report only accurate information. If they transferred the account to XXXX XXXX but failed to ensure the credit report reflects this transfer, they are in violation of 15 U.S.C. 1681s-2 ( a ) ( 1 ). 

FCRA Section 611 ( a ) ( 1 ) - Failure to Conduct a Reasonable Reinvestigation : By law, credit reporting agencies ( CRAs ) must conduct a reasonable reinvestigation of disputed accounts. If they resolve disputes in less than 24 hours or fail to contact the furnisher ( XXXX in this case ) for proper validation, they violate 15 U.S.C. 1681i. A three-month delay without resolution further constitutes a breach of the FCRA. 



Background Information : XXXX XXXX XXXX claims the debt has been transferred to XXXX XXXX. However, XXXX XXXX denies ownership of this account and has informed me that I must pay the balance before any further action can be taken. 

XXXX XXXX XXXX has not issued a Form 1099-C for this " written-off '' debt of {$10000.00}, which violates 26 U.S.C. 6050P under IRS requirements for cancellation of debt exceeding {$600.00}. 

The credit reporting agencies claim the account has been " verified and accurate '' without providing the supporting documentation I have requested multiple times under 15 U.S.C. 1681g ( FCRA Section 609 ). 

My disputes with the credit reporting agencies are resolved within 24 hours or 48 hours, which indicates that no reasonable reinvestigation, as required under 15 U.S.C. 1681i ( FCRA Section 611 ), has occurred. 

The conflicting information between XXXX XXXX XXXX and XXXX XXXX demonstrates that neither party has ensured accurate or consistent reporting, violating 15 U.S.C. 1681e ( b ), which mandates maximum possible accuracy in consumer reports. 

Violations by XXXX XXXX XXXX : Failure to Issue Form 1099-C ( 26 U.S.C. 6050P ) : XXXX is obligated to issue a 1099-C for canceled debt exceeding {$600.00}. Its refusal to do so violates federal tax law. 

Deceptive Practices ( CFPA, 12 U.S.C. 5531 ) : Misleadingly transferring the debt to XXXX XXXX while claiming it is written off constitutes a deceptive act. 

Failure to Validate Debt ( FDCPA, 15 U.S.C. 1692g ) : XXXX has failed to provide proof of the debt 's validity despite repeated requests. 

Violations by the Credit Reporting Agencies : Failure to Conduct a Reasonable Reinvestigation ( FCRA Section 611, 15 U.S.C. 1681i ) : The credit reporting agencies are resolving disputes within 24 hours or 48 hours without verifying information with the furnisher or providing supporting documentation. 

Reporting Inaccurate Information ( FCRA Section 607 ( b ), 15 U.S.C. 1681e ( b ) ) : By continuing to report inaccurate or unverifiable information, the agencies fail to ensure maximum accuracy in consumer reports. 

Failure to Provide Documentation ( FCRA Section 609, 15 U.S.C. 1681g ) : Despite my multiple requests, the agencies have not provided the documentation allegedly used to verify this account.

Failure to Notify the Furnisher ( 15 U.S.C. 1681i ( a ) ( 2 ) ) : It is your responsibility to notify the furnisher ( XXXX XXXX XXXX ) within five business days of receiving my dispute. Based on my communications with XXXX, they have confirmed that the account was transferred to XXXX XXXX, and no valid documentation was provided to you. This suggests you did not properly contact the furnisher. 


How Was the Information Verified? 

Provide a detailed explanation of how you verified this account, including all documentation provided by XXXX XXXX XXXX or XXXX XXXX. 
Who Was Contacted During the Verification Process? 

Identify the name, address, and contact information of the furnisher ( e.g., XXXX or XXXX XXXX ) you contacted and the date of that communication. 
Why Have Documents Not Been Provided? 

If the account was verified, why have the original signed agreement, payment history, and other requested documents not been sent to me? 

My Demands : Immediate Removal of the Account : If XXXX XXXX XXXX and the credit reporting agencies can not validate the debt and provide proper documentation, the account must be removed from my credit reports under 15 U.S.C. 1681i ( a ) ( 5 ). 

Provision of Supporting Documentation : Provide all documents XXXX XXXX XXXX claims to have provided to verify the accuracy of the account, including : The original signed agreement. 
Payment history and balance calculations. 
Evidence of correspondence between the credit reporting agencies and XXXX XXXX XXXX or XXXX XXXX. 
Issuance of Form 1099-C : XXXX XXXX XXXX XXXX XXXX with 26 U.S.C. 6050P and issue a 1099-C form if the debt has been charged off and deemed uncollectible. 

Continued Misreporting Without Proper Validation : If XXXX, Equifax, or XXXX are claiming they verified the account but have not provided documentation, it implies they are violating FCRA Section 611 ( a ) ( 5 ), which requires deletion of unverifiable or inaccurate accounts.

No Right to Report Without Consent : Reporting inaccurate or unverifiable information is not only a violation of the FCRA but also compromises your rights under 15 U.S.C. 1681b, as reporting such information can not serve a legitimate business need or permissible purpose. 
Stalling Tactics : The three-month delay in resolving your disputes, combined with inconsistent responses and refusal to provide documentation, suggests bad faith and intentional violations of federal consumer protection laws. 

Explanation of Investigation Procedures : The credit reporting agencies must explain the procedures used to " verify '' this account and identify the furnisher of the information. 

Legal Notice : Failure to comply with these demands will result in the following actions : Formal Complaints : I will file complaints with the Consumer Financial Protection Bureau ( CFPB ), Federal Trade Commission ( FTC ), and the IRS for violations of my consumer rights and tax law. 

Legal Action : I will pursue legal remedies under 15 U.S.C. 1681n and 1681o for willful and negligent noncompliance with the FCRA, as well as claims under the FDCPA and CFPA. 

IRS Reporting : If XXXX XXXX XXXX fails to issue a 1099-C, I will report this to the IRS using Form 3949-A for suspected tax violations.

Company response to consumer: Closed with explanation