Consumer complaint received 2025-03-04 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: EQUIFAX, INC.
State: NY

Complaint narrative:
Late payment round # 2 : I am writing to formally dispute inaccurate and unlawful information reported on my consumer credit reports. The following issues involve violations of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681, and other applicable laws.

1. Unlawful Reporting of Transactions : Under 15 U.S.C. 1681a ( 2 ) ( A ) ( i ), the term consumer report explicitly excludes information solely related to transactions or experiences between the consumer and the entity making the report. Despite this, XXXX XXXX ( Account # XXXX ) has furnished transaction information to consumer reporting agencies, which is excluded by law. 
Furthermore, the use of FICO or Vantage Score algorithms to calculate credit scores is not included in the definition of a consumer report under the FCRA. These scores and their factors are irrelevant to the lawful reporting of consumer information. 
XXXX. Fraudulent Late Fees and Inaccurate Late Payments : XXXX XXXX has inaccurately reported late payments on my account, despite all payments being made on time, in the exact amounts, and by their respective due dates. This is a clear billing error and a violation of 15 U.S.C. 1666b, which prohibits treating payments as late unless the creditor provides periodic statements at least 21 days before the payment due date. 
I have requested proof that XXXX XXXX mailed or delivered the required disclosures under 15 U.S.C. 1637 ( b ) at least 21 days prior to the due date, but no such proof has been provided. This failure to comply with the law renders their reporting of late payments unlawful and fraudulent.

3. Harm Caused by Inaccurate Reporting : The inaccurate reporting of late payments has caused significant harm to my creditworthiness, reputation, and mode of living. It has also negatively impacted my family. This is unfair, illegal, and inequitable.

Resolution Requested : To resolve this issue, I demand the following actions : 1.Immediate Removal of Inaccurate Information : XXXX XXXX must delete all reported late payments associated with Account # XXXX from my consumer credit reports. 
2. Correction of Credit Reporting : XXXX XXXX must update all consumer reporting agencies to ensure that my credit reports accurately reflect my payment history and comply with the FCRA.

3. Proof of Compliance with 15 U.S.C. 1666b : XXXX XXXX must provide documented proof that periodic statements, including the required disclosures under 15 U.S.C. 1637 ( b ), were mailed or delivered at least 21 days before the payment due date.

4. Compensation for Damages : Due to the harm caused by XXXX XXXX inaccurate reporting, I request compensation of {$1000.00} for the damages incurred. 
Legal Basis for Dispute : - 15 U.S.C. 1681a ( 2 ) ( A ) ( i ) : Excludes transaction information from the definition of a consumer report.

- 15 U.S.C. 1666b : Prohibits treating payments as late unless periodic statements are provided 21 days before the due date.

15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) : Requires furnishers of information to ensure the accuracy of reported data. 

Charge Off Round # 2 To Whom It May Concern : I am writing to formally dispute inaccurate information reported by XXXX XXXX XXXX ( Account # XXXX ) on my consumer credit reports. Despite my previous correspondence with the company, the issues remain unresolved, and I believe there are serious violations of the Fair Credit Reporting Act ( FCRA ) and other applicable regulations. Below, I outline the key points of my dispute : XXXX. FCRA Violation Inaccurate Reporting ( 15 U.S.C. 1681e ( b ) ) : XXXX XXXX XXXX has inaccurately reported my account as both " charged off '' and " in collections. '' These classifications are contradictory and legally inconsistent. Under the FCRA, consumer reporting agencies are required to follow reasonable procedures to ensure the maximum possible accuracy of reported information. The current reporting fails to meet this standard. 
2. Charge-Off Definition and Tax Obligations : According to IRS guidelines and credit reporting standards, an account classified as " charged off '' requires the issuance of a 1099-C form, as the debt is considered canceled for tax purposes. XXXX XXXX XXXX has confirmed that no 1099-C form was issued, which further confirms the inaccuracy of their reporting. Attempting to collect on a debt that has been canceled may also constitute deceptive practices and potential tax fraud.

3. Inaccuracy of Reported Information ( 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) ) : Under the FCRA, entities reporting information to consumer reporting agencies are obligated to ensure the accuracy of the information provided. I have previously notified XXXX XXXX XXXX of the inaccuracies in their reporting, yet they have failed to correct the errors. This constitutes a direct violation of 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ).

4. Liability for Willful Noncompliance ( 15 U.S.C. 1681n ) : Willful noncompliance with the FCRA may result in civil liability, including punitive damages and legal costs. I urge XXXX XXXX XXXX to address these violations promptly to avoid further legal action. 

Resolution Requested : To resolve this issue, I demand the following actions : 1.Immediate Removal of Inaccurate Information XXXX XXXX XXXX Associates must remove all references to the account being " charged off, '' " canceled, '' or " in collections '' from my credit reports. 
2.Issuance of a 1099-C Form ( if applicable ) : If the account was indeed charged off or canceled, Portfolio Recovery Associates must issue a XXXX form in compliance with IRS regulations.

3.Correction of Credit Reporting : XXXX XXXX XXXX must update all credit reporting agencies to ensure that my credit reports accurately reflect the status of this account and comply with the FCRA. 
4.Cease Collection Efforts : If the debt has been canceled or charged off, XXXX XXXX XXXX must immediately cease all collection efforts related to this account.

5.Written Confirmation of Resolution : XXXX XXXX Associates must provide written confirmation that the inaccurate information has been removed, the 1099-C form has been issued ( if applicable ), and all necessary corrections have been made to my credit reports.

Company response to consumer: Closed with explanation