Consumer complaint received 2025-03-31 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: EQUIFAX, INC.
State: FL

Complaint narrative:
Subject : Formal Dispute Violations of FCRA, FDCPA, and USC Laws To Whom It May Concern, I am writing in response to your recent investigation results regarding my credit report. Despite my prior dispute, Equifax has failed to accurately report, correct, or delete the disputed tradelines from my credit report. The accounts from XXXX XXXX XXXX, XXXX XXXX, and XXXX XXXX contain false data entries and are being wrongfully verified without proper substantiation. This constitutes a violation of federal consumer protection laws, and I demand immediate correction or deletion of these accounts. 

Violations of Federal Laws : Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681s-2 ( b ) : The furnisher is required to conduct a reasonable investigation upon notice of a dispute. The verification provided is insufficient and fails to meet the standard set by XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX, where the court ruled that a credit bureau can not merely rely on the furnishers word without actual proof. 

FCRA 15 U.S.C. 1681e ( b ) : Credit reporting agencies must maintain maximum possible accuracy in consumer reports. By continuing to report inaccurate or unverifiable information, Equifax is willfully and negligently violating this law, as established in XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ). 

FCRA 15 U.S.C. 1681i ( a ) ( 5 ) ( A ) : If disputed information can not be verified, it must be deleted from the consumer 's credit file. Equifaxs failure to remove this unverifiable data violates this requirement. 

Fair Debt Collection Practices Act ( FDCPA ) 15 U.S.C. 1692e ( 8 ) : It is unlawful for a furnisher to report information to a credit bureau that is known to be false or disputed. Continuing to verify these accounts despite their inaccuracy violates this statute.

Uniform Commercial Code ( UCC ) UCC 1-308 : I reserve my right under UCC 1-308 to refuse performance of any obligation that is based on fraudulent or inaccurate reporting. These accounts are being reported without a legal basis, and I demand immediate rectification.

Immediate Resolution Demanded : Delete these accounts immediately or provide documented proof of validation that meets the standards of the law.

Update the reporting to reflect the accurate status, including removing all derogatory marks. 

Cease and desist from further reporting of any inaccurate, misleading, or unverifiable information. 

Failure to act in compliance with federal laws may result in legal action, including statutory damages of up to {$1000.00} per violation under FCRA and potential lawsuits under 15 U.S.C. 1681n for willful noncompliance.

This is my final notice before pursuing legal remedies. I expect full compliance within five ( 5 ) business days.

1. Charge-Off & Written-Off Violations Case Laws : XXXX XXXX XXXX Info XXXX Solutions, XXXX, XXXX XXXX XXXX ( XXXX XXXX XX/XX/XXXX ) The court ruled that incorrectly reporting a charge-off or failing to update account information may violate the Fair Credit Reporting Act ( FCRA ). 

XXXX v. XXXX XXXX, XXXX, XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX XXXXXXXX ) Found that a debt buyer falsely reporting a charge-off as valid without verification was an FCRA violation. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX ( XXXXXXXX XXXX XXXXXXXX ) The court emphasized that furnishers must conduct meaningful investigations of disputes under 15 U.S.C. 1681s-2 ( b ) and must correct or delete inaccurate information. 

XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXXXXXX ) Stated that failing to remove a charge-off after the debt was no longer legally collectible could be grounds for legal action. 

USC Violations : 15 U.S.C. 1681s-2 ( b ) ( FCRA ) Duty of Furnishers If an account is charged off, furnishers must report accurately and investigate disputes properly.

15 U.S.C. 1692e ( 8 ) ( FDCPA ) False Representation of Debt Status Debt collectors or creditors can not misrepresent the legal status of a charged-off account.

2. IRS Guidelines on Charge-Offs & Write-Offs IRS Publication 535 Business Expenses : A charge-off is an accounting entry and does not mean the consumer is still liable for the debt. If a creditor writes off a debt as a loss, they may issue a 1099-C Cancellation of Debt Form, per IRS Code 6050P.

IRS 26 U.S.C. 6050P Cancellation of Debt Reporting Creditors must stop reporting charge-offs as owed if they issue a 1099-C. Reporting a balance after cancellation may violate FCRA.

26 U.S.C. 166 Deduction for Bad Debts Creditors write off charge-offs for tax deductions, but they can not continue to collect on a debt while also receiving tax benefits for its loss.

3. Auto Lease & Credit Card Charge-Off Violations Case Laws for Auto Lease Violations : XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) Found that leasing companies must follow FCRA & UCC rules regarding lease defaults and charge-offs. 

XXXXXXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX ( D.D.C. XXXX ) Creditors must accurately report lease charge-offs and can not mislead about past-due amounts. 

Case Laws for Credit Card Charge-Offs : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ) Found that debt buyers and furnishers must remove charge-offs if they can not verify the debt. 

XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXXXXXX ) Misreporting a charged-off credit card balance as still owed violated FCRA. 

USC Laws for Auto Lease & Credit Cards : 15 U.S.C. 1666 Credit Billing Act ( TILA ) Creditors must provide accurate billing statements and properly report charge-offs.

15 U.S.C. 1637 ( b ) Periodic Statements for Credit Accounts Credit card issuers must not misreport charged-off balances once they are no longer due.

15 U.S.C. 1681e ( b ) Accuracy in Consumer Reports Credit bureaus must ensure maximum possible accuracy when reporting charge-offs or lease delinquencies.

What This Means for You : If Equifax, XXXX XXXX XXXX, XXXX XXXX, or XXXX XXXX are reporting charge-offs or write-offs incorrectly : They may be illegally misrepresenting your account status ( FDCPA & FCRA violations ). 

They could be claiming tax benefits for charge-offs while still attempting to collect ( IRS violations ).

They may be violating case law precedents requiring accurate reporting ( XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX ). 

Demand for Resolution : Immediate correction or deletion of inaccurate charge-offs and written-off data.

Verification with valid proof or removal of the charge-off records.

Cease reporting charge-offs if a 1099-C was issued ( IRS & FCRA compliance ) .

Company response to consumer: Closed with non-monetary relief