Consumer complaint received 2025-02-05 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 in response to the continued mishandling of my dispute regarding the inaccurate reporting of an account associated with XXXX XXXX XXXX. Despite my numerous attempts to address this matter, Equifax has failed to comply with the Fair Credit Reporting Act ( FCRA ) and related consumer protection laws. The response provided by Equifax demonstrates procedural violations, reliance solely on unverifiable information provided by the furnisher, and improper handling of consumer disputes. 

Additionally, I want to highlight that the Consumer Financial Protection Bureau ( CFPB ) has recently filed a lawsuit against Equifax for its systematic failures in handling consumer disputes, reinvestigations, and providing accurate reporting. This demonstrates a pattern of negligence and lack of compliance with consumer protection laws. 

I am formally demanding immediate action to remove the disputed account due to the following violations : 1. Failure to Provide Proper Verification ( FCRA Section 609 ( a ) ) Equifax has not provided any documentation supporting the accuracy of the account in question, despite my repeated requests. Under FCRA Section 609 ( a ) ( 1 ), I have the right to request : A copy of all records used to verify the accounts accuracy.

Proof of communication with the furnisher, including the name, title, and contact details of the individual who verified the account.

The response provided does not include any signed agreement, payment history, or original documentation validating the accounts legitimacy. This constitutes a clear violation of the FCRA.

2. Lack of Reasonable Investigation ( FCRA Section 611 ( a ) ) Equifaxs reliance solely on the furnishers statement that the account is being reported correctly fails to meet the standard of a reasonable reinvestigation as required by FCRA Section 611 ( a ) ( 1 ). This process demands that the credit bureau substantiate the disputed information through an independent and thorough review.

Equifaxs response states that the creditor has verified the current status but does not detail the methods or documents used to verify this claim. This lack of transparency undermines the integrity of the investigation and violates FCRA Section 611 ( a ) ( 6 ), which requires disclosure of the investigation procedures and results.

3. Reporting of Inconsistent and Unverified Data ( FCRA Section 623 ) The account reflects inconsistent and inaccurate information across different credit bureaus, including incorrect balances, payment histories, and charge-off statuses. Under FCRA Section 623 ( a ) ( 1 ), furnishers are required to report only accurate and complete information. By failing to verify or update these inaccuracies, both Equifax and XXXX XXXX XXXX have violated this provision. 

4. Reference to CFPB Lawsuit Against Equifax ( XX/XX/year> ) The CFPB recently filed a lawsuit against Equifax for its failure to properly handle consumer disputes, reinvestigations, and reporting inaccuracies. The CFPB identified systemic issues, including reliance on furnisher responses without proper verification and a failure to comply with consumer protection laws. 

Equifaxs handling of my dispute aligns with the violations cited in this lawsuit, including : Failing to conduct reasonable reinvestigations. 
Reporting unverifiable or inaccurate information. 
Using stalling tactics to delay dispute resolutions. 

5. Stalling Tactics and Failure to Respond in Good Faith Equifax has repeatedly engaged in stalling tactics by claiming that : My file could not be located.

I did not provide sufficient documentation for verification.

These statements are unfounded, as I have submitted multiple forms of identification, dispute letters, and supporting documentation. This behavior is indicative of bad faith and violates FCRA Section 611 ( a ) ( 1 ), which mandates a resolution within 30 days.

6. Improper Reporting of Charged-Off Account with Balance The account is listed as charged off but still reflects a balance owed. According to IRS guidelines ( Internal Revenue Code Section 6050P ), a 1099-C form should be issued if the debt has been forgiven or written off. The absence of this form indicates improper reporting. 

7. Violations of Consumer Financial Protection Act ( CFPA ) Under 12 U.S.C. 5531, Equifaxs actions constitute unfair, deceptive, or abusive practices ( UDAAP ). Failing to validate the account and providing misleading information has caused harm to my creditworthiness and financial reputation.

Demand for Resolution In light of these violations and the findings of the CFPB lawsuit, I am demanding the following actions : 1. Immediate Deletion of the Disputed Account : If Equifax and the furnisher can not provide original documentation validating the account, the account must be deleted under FCRA Section 611 ( a ) ( 5 ).

2. Provision of Verification Documents : Provide all documentation, including proof of communication with the furnisher, used to verify the accounts accuracy.

3. Notification of All Actions Taken : Provide written confirmation of the investigation results, including the name, address, and contact information of the furnisher.

4. Correction of Inaccuracies : Update or remove all inaccurate information related to this account.

Legal and Regulatory Notice Failure to comply with this demand will result in the following actions : 1. Filing formal complaints with the Consumer Financial Protection Bureau ( CFPB ) and Federal Trade Commission ( FTC ).

2. Escalating this matter to my state attorney generals office for review under state consumer protection laws.

3. Pursuing legal remedies under FCRA Sections 616 and 617 for willful and negligent noncompliance, including damages for harm caused to my creditworthiness.

Equifax has a duty to ensure the maximum possible accuracy of the information reported on consumer credit files. The continued mishandling of my dispute is a violation of federal and state laws, and I expect immediate corrective action.

Contradictory Statements : Equifaxs XX/XX/year>, response states the account is no longer reporting, yet my credit file still reflects this account. 
This inconsistency demonstrates a lack of due diligence and proper reinvestigation under FCRA Section 611 ( a ).

2. Failure to Provide Validation Documentation : Despite multiple requests, Equifax has not provided documentation from XXXX XXXX XXXX validating the account. 
FCRA Section 609 ( a ) ( 1 ) mandates that consumers have the right to access all records used in the investigation.

3. Stalling Tactics : Equifax previously claimed they could not locate my file or required additional ID verification, despite receiving complete and sufficient information.

This behavior violates the FCRAs obligation for prompt and accurate reinvestigation.

4. CFPB Lawsuit Against Equifax : The CFPB has recently sued Equifax for similar violations of failing to investigate disputes properly and providing inaccurate information. This ongoing pattern of noncompliance further supports my claim. 
5. Violation of FCRA Provisions : Section 607 ( b ) : Equifax has failed to ensure maximum possible accuracy.

Section 611 ( a ) : Equifax did not conduct a proper reinvestigation.

Section 611 ( a ) ( 6 ) : Equifax failed to provide details of the reinvestigation process.

Section 611 ( a ) ( 5 ) : Equifax did not delete unverifiable or inaccurate information.

Demand for Resolution : 1. Immediate Deletion : If Equifax can not validate this account, it must be removed from my credit file under FCRA Section 611 ( a ) ( 5 ).

2. Documentation : Provide all records used to verify this account, including : Name, address, and contact details of the individual at XXXX XXXX XXXX who verified the account. 
Payment history and original signed contract. 

Violations Committed by Equifax XXXX. Failure to Comply with FCRA Section 605B : Under FCRA Section 605B, upon receiving an identity theft report and proper identification, the credit bureau must block the reporting of the disputed information within four business days unless there is substantial evidence that the request is fraudulent or inaccurate.

You have failed to block or remove the account, despite my submission of a valid identity theft report and supporting documentation.

2. Failure to Investigate Properly ( FCRA Section 611 ) : Your refusal to remove the account without providing evidence of validation or documentation from the furnisher violates your obligation to conduct a reasonable reinvestigation under FCRA Section 611 ( a ) ( 1 ).

3. Failure to Protect Data Breach Victims : As a victim of the Equifax data breach, I have already endured harm due to your negligence in safeguarding my personal information. By refusing to remove inaccurate or fraudulent items, you are compounding this harm.

4. Failure to Provide Verification Documentation ( FCRA Section 609 ) : I have repeatedly requested validation documentation ( e.g., signed contracts, account agreements ), and you have failed to provide any proof that the account is valid or authorized by me.

5. Unfair Practices and Violations of UDAAP : Your refusal to act despite sufficient documentation constitutes an unfair and deceptive act, which violates the Consumer Financial Protection Act ( CFPA ) and the Unfair, Deceptive, or Abusive Acts or Practices ( UDAAP ) provisions under 12 U.S.C. 5531.

1. FCRA Section 611 ( a ) ( 5 ) ( A ) Failure to Delete Inaccurate Information Legal Requirement : If a credit bureau can not verify disputed information after a reinvestigation, they are required to delete it.

Violation : Equifaxs continued reporting of the disputed XXXX XXXX XXXX account, despite no valid documentation being provided by the furnisher, violates this section. 

Breach of Consent Order with the CFPB Background : Equifax has been under scrutiny for multiple failures in credit reporting accuracy and data security. Theyve previously agreed to consent orders with the CFPB to improve practices.

Violation : If Equifax continues these violations, it may be a breach of their previous consent orders, further subjecting them to regulatory action.

Violations of the Consumer Data Industry Association ( CDIA ) Guidelines Legal Requirement : Equifax must comply with the CDIAs Metro 2 Format, which sets standards for reporting accurate data to consumers and handling disputes.

FCRA Section 610 Reasonable Procedures for Accuracy Legal Requirement : Credit bureaus are required to use reasonable procedures to ensure maximum accuracy of the information they report.

Violation : Equifaxs reliance solely on the furnishers response without verifying documentation breaches their obligation to maintain accurate records.

Violation of IRS Reporting Requirements IRC Section 6050P Legal Requirement : A creditor must issue a 1099-C form to both the consumer and the IRS when a debt is canceled or charged off for tax purposes if it exceeds {$600.00}. 
Violation : If XXXX XXXX XXXX has failed to issue a 1099-C and Equifax continues to report the balance as owed, this is a misrepresentation of the accounts status. Equifax is complicit by continuing to report this balance.

Non-Compliance with FTC Identity Theft Rules The FTCs Red Flags Rule requires businesses, including credit reporting agencies, to have policies in place to detect and address identity theft.

Violation : Equifaxs failure to act on your identity theft claim and remove fraudulent information violates these regulations.

FCRA Section 611 ( a ) ( 7 ) Failure to Provide Written Results Legal Requirement : After completing a reinvestigation, the credit bureau must provide the consumer with the results in writing, including : A statement that the investigation has been completed.

A description of what was investigated.

The name, address, and phone number of the furnisher who was contacted.

Violation : If Equifax has not disclosed full details about their investigation or provided a copy of the results in writing, they are in violation of this requirement.

FCRA Section 611 ( a ) ( 5 ) ( A ) Failure to Delete Inaccurate Information Legal Requirement : If a credit bureau can not verify disputed information after a reinvestigation, they are required to delete it.

Violation : Equifaxs continued reporting of the disputed XXXX XXXX XXXX account, despite no valid documentation being provided by the furnisher, violates this section.

Company response to consumer: Closed with non-monetary relief