Consumer complaint received 2025-05-06 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: FL

Complaint narrative:
Unlawful denial of credit by XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Formal Rebuttal and Demand for Compliance with Federal Consumer Protection Laws Regarding Credit Denial Dated XX/XX/XXXX Dear XXXX Compliance XXXX, I am in receipt of your letter dated XX/XX/XXXX, regarding the denial of credit based in whole or in part on a consumer report obtained from Equifax Information Services LLC. 

As a natural person of legal age residing in the state of XXXX  and in lawful possession of a valid Social Security XXXX and full legal capacity to contract, I hereby exercise my rights under federal law and constitutional protections to challenge the validity of your adverse action and demand further clarification and remediation. 

I. FAIR CREDIT REPORTING ACT ( FCRA ) 15 U.S. Code 1681 et seq.

You have acknowledged reliance on a report from Equifax, which directly invokes my rights under the FCRA : Under 1681m ( a ), if an adverse action is taken based on a consumer report, the user of the report must provide notice of the decision and state the credit score used, the key factors affecting the score, and how to obtain a free copy of the report.

The notification provided was incomplete and failed to clearly disclose : The specific credit score used in the decision ; " 604 '' The date of the report ; The four key factors that adversely affected the score ; Whether or not an automated system was used in the denial process.

If inaccurate or outdated information was used in the decision, continued reliance on that information may be actionable under 1681e ( b ) and 1681i.

II. EQUAL CREDIT OPPORTUNITY ACT ( ECOA ) 15 U.S. Code 1691 Under ECOA 1691 ( d ), you are required to provide a specific statement of reasons for denying credit in a format that is clear and specific.

A general reference to a consumer report without specifying the factual basis ( e.g., high utilization, derogatory marks, or lack of credit history ) does not meet the legal standard.

Any form of discrimination based on age, lawful source of income, or legal status as a non-institutional person shall constitute a violation of ECOA.

III. TRUTH IN LENDING ACT ( TILA ) 15 U.S. Code 1601 et seq.

TILA requires transparency and full disclosure in any consumer credit transaction.

If a credit denial was issued without providing a full breakdown of credit terms initially offered or the terms for reconsideration, this may violate your disclosure duties under Regulation Z ( 12 CFR 1026 ).

Any manipulation of credit data to induce a credit profile adjustment may also violate TILAs prohibition against unfair or deceptive acts or practices ( UDAAP ).

IV. PRIVACY RIGHTS & CONSTITUTIONAL PROTECTIONS As a private natural person, I assert my right to informational privacy under the Fourth Amendment, and substantive due process rights under the Fifth and Fourteenth Amendments.

The unauthorized sharing or storage of my financial data without proper notice or opportunity to object constitutes a violation of privacy expectations as articulated in case law ( e.g., XXXX v. United States, XXXX XXXX ___ ( XXXX ) ). 

Additionally, failure to provide fair and equitable access to banking services may run afoul of Article I, Section 10 of the Florida Constitution and due process protections embedded in 42 U.S. Code 1983, where a government-backed financial institution acts under color of law.

V. DEMAND FOR CURE / OPPORTUNITY TO REMEDY I hereby demand the following actions within 15 days of receipt of this letter I am sending through the CFPB A written explanation with the specific factual basis for the denial of credit, in compliance with ECOA and FCRA ; A statement confirming whether the Bill of Exchange or any other lawful instrument I provided was received, reviewed, and responded to in accordance with contract and commercial law ( UCC ) ; A review and correction of any inaccurate or disputed information held in your systems or relied upon in your decision ; If the credit decision was made in error or based on improper data, an opportunity to cure with a conditional offer to extend credit or reopen the application; A record of data access, sharing, or third-party profiling associated with my file.

If your institution fails to comply, I will be forced to place the Federal Reserve, FDIC, and Florida Attorney Generals Office on notice and pursue all available administrative and legal remedies for breach of my rights.

NOTICE This correspondence does not grant consent to surveillance, profiling, or unauthorized data sharing, and must not be construed as a waiver of any rights or claims under common law, state or federal constitutions, or statutory frameworks.

UCC1-308 all rights reserved, Sincerely, XXXX XXXX XXXX XXXX, XXXX on behalf of PRINCIPAL, XXXX XXXX XXXX

Company response to consumer: Closed with explanation