Consumer complaint received 2024-11-05 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: TX

Complaint narrative:
XX/XX/year> Subject : Formal Complaint Regarding Failure to Correct Inaccurate Late Payment Reporting on Credit Report Dear CFPB, I am filing a complaint against Equifax for failing to correct inaccurate information regarding late payments reported on my credit report for XXXX XXXX XXXX Account # XXXX. Despite multiple requests for correction ( letters dated XX/XX/year> and XX/XX/year> ), my requests have been ignored, violating both the Fair Credit Reporting Act ( FCRA ) and the Truth in Lending Act ( TILA ).

Furthermore, I would like to emphasize that I was impacted by COVID-19, which affected my financial situation during this period. Under the CARES Act, specific provisions were established to protect consumers affected by COVID-19, including guidance to creditors to report payments accurately and protect consumers from penalties due to pandemic-related hardships. Despite these protections, my credit report continues to inaccurately reflect late payments, which should be rectified according to the CARES Act provisions.

FCRA Violations According to 15 U.S. Code 1666b, creditors are required to send periodic statements at least 21 days before the payment due date. The inaccurate late payment reporting on my account suggests a failure to comply with this requirement. Additionally, 15 U.S. Code 1681i mandates that credit reporting agencies ensure the accuracy of information in consumer files, which has not been upheld in my case.

TILA Violations The Truth in Lending Act emphasizes the necessity for accurate and timely disclosures to consumers. The inaccurate reporting of late payments has caused undue harm to my creditworthiness.

CARES Act Provisions for COVID-19 Impact The CARES Act provides specific protections for consumers impacted by COVID-19, preventing unfair penalties and ensuring that financial hardships related to the pandemic do not negatively impact credit reporting. As a consumer affected by COVID-19, I should have been protected from inaccurate late payment reporting during this period. I am formally requesting the removal of the inaccurate late payment notation from my credit report immediately, as these provisions were established specifically to prevent unjust harm to individuals facing pandemic-related financial challenges.

Discrepancies in Reporting Across Credit Bureaus : XXXX : Reports two 30-day late payments and one 60-day late payment, which are incorrect as payments were made on time. 
XXXX : Similarly shows two 30-day late payments and one 60-day late payment, which contradicts my records of on-time payments.

Equifax : Also reflects two 30-day late payments and one 60-day late payment, despite timely payments on my end.

These inaccuracies have persisted through multiple disputes and have negatively affected my credit report. Since no changes have been made following my previous requests, I am requesting immediate action to correct these errors.

Formal Requests for Action In light of the unresolved discrepancies, the impact of COVID-19, and the lack of action from previous disputes, I am formally requesting the following : Immediate Removal of Incorrect Late Payment Notations : If no verifiable proof exists for the reported late payments, I request that Equifax update this account to accurately reflect a " Paid As Agreed Never Late '' status in accordance with the protections offered under the CARES Act.

Written Explanation of Investigation Procedures : I request a detailed, written description of the investigation methods used by Equifax to verify these late payments, including any correspondence with TD AUTO FIN and a summary of the criteria used to determine the accuracy of the account status.

Documentation of Compliance with FCRA, TILA, and CARES Act Provisions : Please provide documentation of Equifax 's adherence to FCRA, TILA, and CARES Act guidelines for consumer dispute resolution, as well as the reasonable procedures followed, under 15 USC 1666 ( b ), to ensure that periodic statements were sent at least 21 days before the payment due date, as required by section 1637 ( b ) of Title 15.

If this issue is not resolved promptly, I will escalate my complaint further, including potential legal action and filing additional complaints with relevant regulatory agencies. I trust that Equifax will address this matter promptly and uphold its obligation to ensure the accuracy of my credit report. 
Sincerely, XXXX XXXX XXXX

Company response to consumer: Closed with explanation