Consumer complaint received 2024-11-12 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: EQUIFAX, INC.
State: NY

Complaint narrative:
I am submitting this formal complaint regarding the selective reporting of a corporate credit card issued by XXXX XXXX, which has been incorrectly posted to my personal credit report. Although this corporate card was paid as agreed, the reporting on my credit file is both selective and inaccurate, resulting in a misrepresentation of my credit profile and an unjustified impact on my credit score. Additionally, the report reflects an erroneous sequence of payment statuses and incorrect balance and credit limit information.

Background of Issues XXXX XXXX has posted a corporate card to my personal credit report. Despite the account being paid as agreed, the credit report shows an unusual and inconsistent sequence of payment statuses, including 60, 90, 120, and 60 days late from XX/XX/year> to XX/XX/year>. There is no 30-day delinquency noted, which disrupts the logical flow of payment statuses and suggests an error in reporting. Further, the reported balance, credit limit, and other account details are inaccurate, creating a significant discrepancy from the actual account history and agreed terms. 

This selective and erroneous reporting of a corporate card to my personal credit file is damaging to my personal credit score and raises questions of transparency and accuracy, both of which XXXX XXXX is legally required to uphold. 

Relevant Federal and State Legal Provisions Federal Statutes Fair Credit Reporting Act ( FCRA ) - Section 611 : Procedures in Case of Disputed Accuracy ( 15 U.S.C. 1681i ) This section requires that inaccuracies on credit reports be investigated within 30 days. If XXXX XXXX is unable to verify the correct details for this corporate account, the information must be removed from my credit report. I request that all erroneous payment history, balance, and credit limit entries be corrected or removed.

FCRA - Section 623 : Responsibilities of Furnishers of Information ( 15 U.S.C. 1681s-2 ) Section 623 mandates that data furnishers report only accurate information. Reporting the corporate card with selective payment history and incorrect details on my personal credit file is a clear breach of this obligation. 
Truth in Lending Act ( TILA ) - Section 128 ( b ) ( 15 U.S.C. 1638 ) The TILA requires transparency in account terms. By selectively reporting incorrect information regarding payment status and credit details, XXXX XXXX has failed to uphold the transparency required for credit accounts.

Electronic Fund Transfer Act ( EFTA ) - Section 907 ( a ) ( 15 U.S.C. 1693e ) Although this law primarily concerns authorization for electronic fund transfers, it underscores the need for accuracy and authorization when reporting credit information. Reporting without proper consent or accuracy could be considered a violation of the EFTA.

Consumer Financial Protection Act ( CFPA ) - Unfair, Deceptive, or Abusive Acts or Practices ( UDAAP ) ( 12 U.S.C. 5531 ) The CFPA prohibits unfair or deceptive practices. Selectively reporting a corporate card and misrepresenting payment history and balances falls under unfair and deceptive reporting practices as per CFPA guidelines.

Federal Trade Commission Act ( FTC Act ) - Prohibition Against Unfair or Deceptive Acts ( 15 U.S.C. 45 ) The FTC Act allows action against unfair or deceptive financial practices. XXXX XXXX lack of transparency and selective reporting may be considered deceptive under the FTC Act.

Fair Debt Collection Practices Act ( FDCPA ) - Protection Against Abusive Debt Collection ( 15 U.S.C. 1692f ) Although this primarily pertains to debt collection, the standards of accurate reporting and ethical treatment apply here as well. XXXX XXXX selective and inaccurate reporting can be viewed as abusive. 
New York State Statutes New York General Business Law 349 - Deceptive Acts and Practices New York prohibits deceptive acts in consumer transactions. Selectively reporting a corporate account with inaccuracies on my personal report constitutes deceptive practices, causing undue harm. 
New York General Business Law 601 - Prohibition Against Abusive Collection Practices This law restricts abusive debt handling practices, requiring transparent reporting and documentation, which XXXX XXXX has failed to provide. 
New York Banking Law 9-f - Consumer Rights Protection for Banking Practices This law mandates fair treatment of New York consumers by financial institutions, ensuring they are notified accurately and treated fairly. XXXX XXXX actions contravene this principle by misrepresenting my payment history. 
New York Financial Services Law - DFS Enforcement Authority ( NY Fin. Serv. Law 404 ) The New York Department of Financial Services ( DFS ) has authority over financial institutions to enforce consumer protection. If my complaint remains unresolved, I am prepared to escalate it to DFS.

New York Personal Privacy Protection Law ( Public Officers Law 91-99 ) This law requires accuracy in handling consumer data and prohibits negligent reporting that leads to unauthorized or inaccurate sharing of information. XXXX XXXX actions violate my rights under this statute. 
New York Uniform Commercial Code ( UCC ) - Article 4A : Funds Transfers The UCC mandates that banks must follow agreed terms for reporting and fund transfers. Selective reporting of corporate accounts to personal credit violates this provision under the New York-adopted UCC standards .

Conclusion XXXX XXXX actions have breached multiple federal and New York State consumer protections. I expect a prompt response within the legally required 30 days, confirming that corrective actions have been completed. Failure to address this complaint satisfactorily will result in escalation to the New York State Department of Financial Services ( DFS ) and further action if necessary. 

Thank you for your immediate attention to this serious matter. I look forward to a swift and equitable resolution. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with non-monetary relief