Consumer complaint received 2025-11-05 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:
Reference CFPB Compliant XXXX Response and Continuing Dispute Account No. XXXX I. FAILURE TO MEET STATUTORY BURDEN OF PROOF Your response fails to satisfy the burden imposed by 15 U.S.C. 1681s-2 ( b ) and 1681i ( a ) ( 1 ) ( A ) to conduct a reasonable reinvestigation after receiving a formal consumer dispute. 
Restating internal records does not equal verification. 
To comply with law, you must produce independently verifiable evidence of : Proper default and repossession notices under XXXX. XXXX and XXXX  XXXX ; Proof of commercial reasonableness of sale under XXXX. XXXX ( b ) and XXXX  XXXX ( XXXX ) ; Accurate credit reporting verification under 15 U.S.C. 1681s-2 ( b ) ( 1 ) ( A ) ( E ). 

You have failed to meet this evidentiary standard. 

XXXX. NO VALID EVIDENCE OF STATUTORY NOTICE PRIOR TO REPOSSESSION While you reference post-repossession letters, you provided no proof of pre-repossession default or cure notice as required by the XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX 
Even if you claim XXXX  jurisdiction, XXXX consumer protection and venue law applies due to debtor residency and credit reporting occurring in this state. 
The absence of verifiable cure or intent-to-repossess notice renders your repossession procedurally defective under XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX App. XXXX ). 

XXXX. DEFICIENCY BALANCE CLAIM BARRED BY NONCOMPLIANCE You admit a deficiency balance remains. Yet both XXXX  and XXXX  XXXX  prohibit recovery where the secured party fails to strictly comply with repossession and sale provisions : XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX ). 

XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX XXXX. XXXX ). 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Creditor bears the burden of proving compliance before claiming a deficiency. 

Until that proof is provided, the deficiency is void and further reporting or collection violates 15 U.S.C. 1681s-2 ( a ). 

IV. INADEQUATE REINVESTIGATION BY CREDIT REPORTING AGENCIES Each CRA receiving this letter is notified that XXXX XXXX response does not constitute verification as required by XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ). 
A valid reinvestigation must include review of original, authenticated evidencenot summary data. 
Failure to reinvestigate within XXXX  days constitutes willful noncompliance under 15 U.S.C. 1681n. 

V. MISREPRESENTATION OF ACCURATE REPORTING STATUS Your claim that the tradeline accurately reflects Merchandise was repossessed ; there may be a balance due is false and misleading, because : The alleged deficiency is legally unenforceable ; The repossession was procedurally defective ; and Reporting a balance due under those circumstances constitutes furnishing false data under 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 

Continued publication of this derogatory item constitutes willful defamation and exposes your company to civil liability for actual and punitive damages. 

VI. FAILURE TO PRODUCE CHAIN OF ASSIGNMENT No authenticated assignment of the Retail Installment Contract from XXXX XXXX to XXXX XXXX has been produced. 
Without an assignment executed in compliance with XXXX XXXX ( g ) and XXXX  XXXX ( XXXX ), you lack standing to enforce or report this debt. 

XXXX. DEMAND FOR ACTION UNDER XXXX AND XXXX  XXXX Pursuant to 15 U.S.C. 1681i ( a ) ( 5 ) and 1681s-2 ( b ), you and all CRAs must, within XXXX  days : Cease reporting derogatory data ; Delete the tradeline until independently verified ; Provide authenticated documentation of all assignments and notices ; and Issue written confirmation of corrective action. 

Failure to act will result in regulatory complaints to the CFPB, FTC, XXXX Department XXXX XXXX, and XXXX Attorney General, and the pursuit of civil damages under 15 U.S.C. 1681n1681o. 

XXXX. RESERVATION OF RIGHTS All rights are reserved without prejudice under XXXX. XXXX. 
Nothing herein shall be construed as a waiver of claims or remedies at law or in equity. 

X. CONTRACTUAL AMBIGUITY, CONSUMER DECEPTION, AND REGULATORY RISKYour latest correspondence fails to address the fundamental and central issuethe deliberate use of ambiguous, undefined, and misleading language within the Retail Installment Contract and related disclosures. This failure violates not only established state and federal law but also basic standards of fair and ethical conduct in consumer finance.A. Material Ambiguity as Unfair and Deceptive PracticeYour contract omits, obscures, or inconsistently defines : Assignment and true ownership of the debt, Objective standards for default, acceleration, and repossession, Transparent, reproducible formulas for late fees, finance charges, and deficiency claims, Consumer rights for reinstatement, redemption, and post-default remedies.Such omissions violate the meaningful disclosure requirements of TILA ( 15 U.S.C. 1601 ( a ) ), and render the contract ambiguous, unconscionable, and unenforceable under XXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX, and XXXXXXXX XXXX XXXX XXXX 
As controlling law XXXX XXXX XXXX ( XXXX ) and the Restatement ( XXXX  ) of Contracts XXXX ) provides, all ambiguities must be resolved against you, the drafter and enforcing XXXXXXXX. Willful Consumer Harm and Constructive XXXX knowing use and enforcement of materially ambiguous languageinstead of clear, consumer-understandable disclosuresconstitutes constructive fraud and a breach of the duty of good faith ( XXXX. XXXX, XXXX. XXXX, XXXX XXXX ; see XXXX v. XXXX, XXXX XXXX XXXX v. XXXX ). By continuing to collect, report, or threaten adverse action on this contract, you expose yourself to allegations of unfair, deceptive, and abusive acts and practices ( XXXX ) under the FTC XXXX ( 15 U.S.C. 45 ) and equivalent state laws ( XXXX XXXXXXXX ).

Company response to consumer: Closed with explanation