Consumer complaint received 2025-08-28 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Difficulty submitting a dispute or getting information about a dispute over the phone
Company: EQUIFAX, INC.
State: AL

Complaint narrative:
I am submitting this formal complaint against XXXX XXXX Department of Education Servicing regarding inaccurate and unverifiable late payment reporting in violation of federal law. 

Facts : I entered into a payment arrangement / plan with XXXX, under which the company guaranteed removal of past late payments upon compliance. This was confirmed on a recorded call. 

Despite this, the account continues to report a XX/XX/year> late payment to the consumer reporting agencies. 

When I contacted XXXX, they stated they no longer have my account information and therefore can not investigate or honor their prior agreement. 

This constitutes inaccurate, unverifiable, and incomplete reporting, in violation of FCRA 15 U.S.C. 1681i ( Failure to Reinvestigate ), 1681s-2 ( Duty of Furnishers ), and 1681e ( b ) ( Maximum Possible Accuracy ).

XXXX  refusal to honor its agreement and maintain accurate records also raises potential violations under CFPB Regulation V and FDCPA 15 U.S.C. 1692e ( False, Deceptive, or Misleading Representations ). 

Violations Cited 15 U.S.C. 1681i ( a ) ( 1 ) ( A ) : Requires a reasonable reinvestigation when a consumer disputes information. XXXX  claim that they no longer have account records shows no meaningful reinvestigation is possible, rendering the reporting unverifiable. 

15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) : Prohibits furnishing information to consumer reporting agencies if the furnisher knows or has reasonable cause to believe the information is inaccurate.

15 U.S.C. 1681e ( b ) : Requires consumer reporting agencies to ensure maximum possible accuracy. Continuing to report unverifiable late payments violates this standard.

15 U.S.C. 1692e : Debt collectors ( and loan servicers acting as such ) may not use false, deceptive, or misleading representations. Guaranteeing deletion on a recorded call and then refusing to honor it falls under this violation.

Relief Requested I demand the permanent deletion of all 7 of the disputed late payment entry ( ies ) from all consumer reporting agencies, specifically : Creditor Name : DPT ED/XXXX / XXXX Account Number ( Partial ) : XXXX Date of Late Payment : XX/XX/year> Because the furnisher has admitted they can not verify or substantiate the account information, the entry must be deleted under the FCRA. Continuing to report unverifiable information constitutes willful noncompliance, exposing the furnisher to liability under 15 U.S.C. 1681n. 

I respectfully demand that the CFPB ensure full compliance and enforce corrective action. These violations have caused me financial harm, including but not limited to credit denials, increased interest rates, and emotional distress. 

I request a written confirmation that the unverifiable late payment entry has been permanently deleted from all credit bureau files.

Company response to consumer: Closed with non-monetary relief