Consumer complaint received 2025-01-12 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:
Subject : Follow-Up Complaint XXXX Against Equifax Noncompliance with Best Evidence Rule and UCC 8-102 To Whom It May Concern, I am writing to follow up on my prior complaint ( XXXX ) regarding Equifaxs reporting of inaccurate information on my credit file. Equifaxs response to my complaint failed to address my concerns adequately and highlights further issues with their investigative processes and compliance with federal law, including the Federal Rules of Evidence Rule 1002 ( Best Evidence Rule ) and Uniform Commercial Code ( UCC ) 8-102. 
Federal Rules of Evidence Rule 1002 Best Evidence Rule Equifaxs response states that they verified the accuracy of several disputed items by transmitting my disputes to data furnishers or by seeking information from public record sources, often relying on third-party vendors. However, Rule 1002 mandates that the original document or a certified equivalent must be produced as evidence. In this case XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Equifax has not provided original documentation from these furnishers to substantiate the alleged delinquencies. A simple statement of " verified as reported '' or reliance on electronic summaries provided by the furnishers does not meet the Best Evidence Rule requirements.\n 2. Public Records : Equifax stated that it obtains public record information, such as judgments or liens, from third-party vendors or databases. Without producing certified copies of the original public records, Equifax can not claim compliance with Rule 1002.\n Uniform Commercial Code ( UCC ) 8-102 Securities and Record keeping Under UCC 8-102, financial institutions and credit reporting agencies that rely on securities as part of a record keeping system must ensure that the records are maintained accurately and traceable to their original source. Equifaxs reliance on intermediaries, electronic summaries, and public databases introduces significant risks of error, as demonstrated by the issues in my case : 1. Inquiries : Equifax claims that inquiries, such as those from XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX are " a factual record of file access. '' However, without providing the original records or verifiable evidence of these inquiries, Equifax can not confirm their accuracy under UCC 8-102.\n 2. Collections : The item from XXXX XXXX XXXX XXXX has been " verified '' without producing original contracts, account agreements, or payment records that would substantiate the alleged debt under the UCCs record keeping requirements.\n My Requests to the CFPB Given these concerns, I respectfully request the CFPB to take the following actions : 1. Require Equifax to produce original documents or certified copies from data furnishers, public records, or other sources that substantiate the disputed information. 
2.

Investigate Equifaxs reliance on third-party vendors and electronic summaries, which may violate Rule 1002 and UCC 8-102 .

3. Mandate Equifax to delete any items from my credit file for which they can not provide original documentation or certified evidence. 
Equifaxs failure to comply with the Best Evidence Rule and UCC 8-102 undermines the integrity of the credit reporting system and violates my rights under the Fair Credit Reporting Act ( FCRA ). I urge the CFPB to hold Equifax accountable for these shortcomings and ensure that accurate and verifiable information is reported in my credit file. 

Sincerely, XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation