Consumer complaint received 2025-05-16 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: LA

Complaint narrative:
Complaint Subject : Failure to Conduct a Reasonable Investigation, Unverified Reporting of Disputed Private Student Loan, and Willful Non-Compliance XXXX  Complaint Description : I am filing this complaint against Equifax for failing to conduct a reasonable investigation and for continuing to report unverified and potentially unenforceable information regarding a disputed private XXXX XXXX serviced by XXXX and originally issued by XXXX XXXX XXXX 

Background : On XX/XX/2025, I submitted a formal dispute to Equifax challenging the validity and enforceability of the loan due to documented misconduct by XXXX XXXXXXXX XXXX This misconduct was recognized by the U.S. Department of Education, resulting in my Borrower Defense to Repayment Approval on XX/XX/2025, which fully discharged my federal loans. 


XXXX eventually produced the original promissory note, which explicitly contains the Holder Rule Clause. Under the FTC Holder Rule, I am entitled to assert claims and defenses against XXXX that I would have against XXXX XXXX XXXX including defenses related to fraudulent misrepresentation and misconduct. 


Despite this clear evidence, Equifax closed its investigation with the status " Remains, '' indicating that XXXX 's reporting was considered valid, despite the unresolved dispute and the Holder Rule protections clearly outlined in the promissory note. 



Legal Violations Cited : 15 U.S.C. 1681i Failure to Conduct a Reasonable Investigation : Equifax did not reasonably investigate the enforceability of the debt under the Holder Rule, nor did it validate XXXX right to collect given the documented misconduct by XXXX XXXXXXXX XXXX 


15 U.S.C. 1681e ( b ) Inaccurate Reporting of Disputed Debt : Equifax failed to ensure the information reported by XXXX was accurate and legally enforceable, ignoring my Borrower Defense approval and Holder Rule rights.

15 U.S.C. 1692e Misrepresentation of the Legal Status of Debt : By reporting the debt as valid despite its disputed status and the existence of the Holder Rule clause, Equifax misrepresented its legal enforceability.

Willful Non-Compliance ( 15 U.S.C. 1681n ) : The continued reporting of this debtdespite evidence of misconduct, federal discharge, and the Holder Rule protectionsconstitutes willful non-compliance with the Fair Credit Reporting Act ( FCRA ). The credit bureaus were notified and provided evidence yet chose to disregard these legal protections.

Failure to Ensure Maximum Possible Accuracy ( 15 U.S.C. 1681e ( b ) ) : The FCRA mandates that credit reporting agencies maintain maximum possible accuracy in reporting. Equifax failed this standard by verifying the debt without proper validation from XXXX, especially in light of the misconduct claims and Borrower Defense approval. 



Relief Sought : Immediate Deletion or Correction of the Disputed Account : I request that Equifax either remove the disputed XXXX account from my credit report or reflect its contested status, acknowledging the enforceability issues under the Holder Rule and my federal Borrower Defense approval . 


Full Investigative Report : I demand a comprehensive report from Equifax outlining the specific steps taken to verify XXXX 's claims, particularly in light of the Holder Clause and documented misconduct by XXXX XXXXXXXX XXXX 


Enhanced Investigation Procedures : I request that Equifax strengthen its investigation protocols to prevent inaccurate reporting of disputed debts, especially where promissory note clauses and federal approvals directly impact the validity of the debt. 


Request for Punitive Damages : I am requesting punitive damages under 15 U.S.C. 1681n ( a ) ( 2 ) for willful non-compliance with the FCRA. The evidence provided was substantial, yet Equifax knowingly continued reporting without proper verification.

Supporting Documents Attached : Original Dispute Letter to Equifax Promissory Note with the Holder Rule Clause Borrower Defense Approval Letter from the Department of Education Additional Points of Emphasis : The Holder Rule places XXXX in direct liability for XXXX XXXXXXXXXXXX XXXX XXXX documented misconduct, which was legally recognized through the Borrower Defense approval. 


Equifax is knowingly reporting unverified debt, constituting willful non-compliance under the FCRA. 


This is not an isolated error but a systemic failure to investigate and validate consumer disputes, even when federal documentation and promissory note clauses indicate non-enforceability.

Given the refusal to reasonably investigate, I am also considering legal remedies under 15 U.S.C. 1681n for willful violations of the FCRA.

Company response to consumer: Closed with explanation