Consumer complaint received 2025-02-14 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: IL

Complaint narrative:
" It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' Public Law 106-102 113 Stat. 1437 Title V Subtitle A 501 ( a ), 15 U.S.C. 6801. 

I am a customer of XXXX XXXX per 16 CFR 314.2 ( b ), ( c ), and ( e ). 

I am writing to report the inaccurate and incomplete reporting of information to my Equifax credit report for the account ending in XXXX ( XXXX XXXX XXXX ). The financial institutions confirmed these accounts were discharged and/or sold to nonaffiliated third parties. However, the consumer reporting agency failed to verify this information, resulting in inaccurate and incomplete information being reported to my credit report. I have been working with Equifax to resolve this issue since XX/XX/XXXX. 

After requesting a complete file disclosure from the company over 60 days ago, Equifax has failed to provide me with verifiable proof that the information they are reporting is accurate. This information was requested on XX/XX/XXXX. 

Despite not receiving the requested verifiable proof, Equifax continues to report inaccurate and unverified information to my credit report. I was told they verified the information with the furnisher of the information, however, when I spoke to representatives and supervisors of Equifax on the phone, I was told they are not able to provide verifiable proof for items reported to my credit report on numerous occasions. Often these calls would result in me being repeatedly hung upon or the representatives consistently providing me with misinformation that violates the Fair Credit Reporting Act. 

The consumer reporting agency failed to conduct a proper investigation and reinvestigation when verifying the information from the above-listed accounts on my credit report before reporting it, resulting in inaccurate information displayed on the report. 

The consumer reporting agency has not provided verifiable proof for the accounts listed and its representatives have informed me that they aren't able to provide proof because they " do not have it ''. The consumer reporting agencys failure to abide by the reasonable procedures required has severely damaged my character, reputation, and ability to obtain credit for personal and housing purposes. Per 611 of the Fair Credit Reporting Act, Public Law 91-508 84 Stat. 1114 611 ( a ) states " If after such reinvestigation such information is found to be inaccurate or can no longer be verified, the consumer reporting agency shall promptly delete such information. '' Equifax is in violation of Public Law 91-508 84 Stat. 1114 611 ( a ).

As the CFPB 's Consent Order issued to Equifax details, the consumer reporting agency 's reliance on the financial institution 's due diligence is insufficient. Per 31 CFR 903.5 ( a ), " When an agency discharges a debt in full or in part, further collection action is prohibited. '' Additionally, 31 CFR 903.5 ( d ) goes on to state " When discharging a debt, agencies must request that litigation counsel release any liens of record securing the debt. '' Had the consumer reporting agency followed the reasonable procedures required, they would have found through public records that there are no liens or debts associated with my name for these accounts.

Public Law 91-508 84 Stat. 1114 602 ( 4 ) states, " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. ( b ) It is the purpose of this title to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this title. '' Equifax is in violation of Public Law 91-508 84 Stat. 1114 602 ( 4 ).

15 U.S.C. 1681s2 ( a ) ( 1 ) ( A ) states, " A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. '' Furthermore, 15 U.S.C. 1681s2 ( a ) ( 1 ) ( B ) states that a person shall not furnish information relating to a consumer to any consumer reporting agency if the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and the information is, in fact, inaccurate. '' I notified furnishers of the information that the information furnished to the credit reporting agencies was inaccurate on XX/XX/XXXX. The furnisher of information are in violation of 15 U.S.C. 1681s2 ( a ) ( 1 ) ( B ).

Also, 15 U.S.C. 1681e ( a ) states, " Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. '' I did not authorize through written instructions the reporting of these adverse items to my credit report to the consumer reporting agency or the furnishers of the information. Equifax is in violation of 15 U.S.C. 1681e ( a ), 15 U.S.C. 1681c, and 15 U.S.C. 1681b.

As the CFPB 's Consent Order issued to Equifax displays, Equifax is not maintaining reasonable procedures. Public Law 91-508 84 Stat. 1114 602 states, " The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. '' Equifax failed to maintain reasonable procedures and they are in violation of 15 U.S.C. 1681e ( a ) and Public Law 91-508 84 Stat. 1114 602.

Also, Public Law 106-102 113 Stat. 1438 Title V Subtitle A 502 ( b ), 15 U.S.C. 6802 states, " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 504, that such information may be disclosed to such third party ; the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' I was not notified that my information would be shared. I was not allowed to opt-out. The furnisher of information is in violation of 15 U.S.C. 6802 and Public Law 106-102 113 Stat. 1438 Title V Subtitle A 502.

Additionally, Public Law 91-508 84 Stat. 1114 604 ( 2 ) states that " A consumer reporting agency may furnish a consumer report under the following circumstances and no other : In accordance with the written instructions of the consumer to whom it relates. '' I did not provide my consent. Any consent given to Equifax to report these adverse items to my credit report whether it be verbal, non-verbal, written, implied, or otherwise is revoked per 15 U.S.C. 6802. Equifax is in violation of 15 U.S.C. 6802 and Public Law 91-508 84 Stat. 1114 604 ( 2 ).

Furthermore, 15 U.S.C. 1681c ( a ) ( 5 ) states : " Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' These accounts are adverse items being reported without my permission and are not in my interest as a consumer per 15 U.S.C. 1681a ( k ) ( 1 ) ( B ) ( iv ) ( II ). Equifax is in violation of 15 U.S.C. 1681c ( a ) ( 5 ) and 15 U.S.C. 1681a ( k ) ( 1 ) ( B ) ( iv ) ( II ).

I have made numerous attempts to resolve this issue by contacting the furnisher of information and the credit reporting agency on multiple occasions for the past 90+ days. However, my requests for verification have been repeatedly ignored. This has resulted in significant financial distress and adverse actions taken against me, causing profound emotional distress, humiliation, pain, and suffering.

As the CFPB 's current Consent Order issued to Equifax details, their actions go beyond mere negligence ; they constitute serious violations of the Fair Credit Reporting Act ( FCRA ), the Gramm-Leach-Bliley Act ( GLBA ), and the Privacy Act of 1974.

In conclusion, per the Fair Credit Reporting Act, the furnisher of information and the consumer reporting agency Equifax do not have my written consent to furnish adverse information to my credit report. Any consent given to Equifax to report these adverse items whether it be verbal, non-verbal, written, implied, or otherwise is revoked per 15 U.S.C. 6802. I demand the immediate removal of account ending in XXXX ( XXXX XXXX XXXX ) from my credit report based on the integrity Equifax assured to uphold as a credit reporting agency.

Company response to consumer: Closed with explanation