Consumer complaint received 2025-03-17 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account status incorrect
Company: EQUIFAX, INC.
State: OH

Complaint narrative:
I am filing this complaint against XXXX XXXX  and Experian, Equifax and Transunion regarding the inaccurate and unfair reporting of late payments on my account ( Account Number : XXXX ). These late payments were incorrectly recorded due to an automatic payment processing error beyond my control and violate multiple Fair Credit Reporting Act ( FCRA ) and Fair Debt Collection Practices Act ( FDCPA ) provisions, as detailed below. XXXX. Violation of FCRA XXXX ( a ) : Duty to Report Accurate Information Under FCRA XXXX ( a ), furnishers ( creditors ) must report only accurate and complete information to consumer reporting agencies. The late payments on my account were the direct result of a backend processing error between my financial institution and the creditors payment system. Despite having sufficient funds and setting up an automatic payment arrangement, the system failed to withdraw the payment as intendedsomething completely outside my control. XXXX. Impracticality of " Verification '' & The Need for Immediate Removal Even if the creditor or bureau attempts to justify these late payments with system logs, this does not constitute a legitimate verification because : There is no practical method for the creditor or credit bureau to verify an automatic payment error on the backend of a financial institutions system. System logs, timestamps, or transaction reports do not prove intent or consumer fault. If the issue arose from a technical failure, that can not and should not be attributed to me. No reasonable consumer should be penalized for an event beyond their control. Requiring further documentation would be impractical and burdensome, and the only practical resolution is to remove the late payment entirely. Since there is no realistic, verifiable way to confirm whether an automatic payment should have gone through or not, the logical and fair resolution is to delete the late payment entirely rather than force a consumer to provide evidence that does not and can not exist. XXXX. Violation of FCRA XXXX : Failure to Conduct a Proper Investigation Credit bureaus are legally required to conduct a reasonable investigation when a consumer disputes an item under FCRA XXXX. However, my prior disputes regarding these late payments were dismissed without a meaningful review of the circumstances. If the bureaus claim these late payments have been verified, I demand : A full procedural breakdown of how the verification was conducted, The exact evidence used, Proof that my payment failure was due to my own negligence rather than a system issue. If this evidence can not be provided within XXXX  days, the only legally compliant action is to immediately remove the late payment from my credit report. XXXX. Violation of FDCPA XXXX ( False or Misleading Representations ) If this account has been transferred to a debt collector, any attempt to enforce the reporting of these late payments without proper validation is a direct violation of FDCPA XXXX, which prohibits false or misleading representations regarding the nature of a debt. Additionally, the continued reporting of false or unverifiable information constitutes a deceptive practice under XXXX XXXX. XXXX ( FTC XXXX ), making the responsible parties subject to federal penalties and regulatory action. XXXX. CFPB XXXX XXXX XXXX Notice If this matter is not resolved within XXXX  days, I will escalate my complaint by : XXXX. Filing a report with the FTC and my states Attorney General for deceptive credit reporting practices. XXXX. Pursuing a lawsuit in XXXX XXXX XXXX against both the creditor and credit bureaus for damages under FCRA XXXX & XXXX, allowing for statutory damages of up to {$1000.00} per violation, plus legal fees. XXXX. Requesting CFPB intervention for non-compliance, which could result in fines against the offending parties. XXXX. Publicly documenting this complaint in the CFPBs consumer complaint database to increase regulatory pressure. I demand immediate removal of the late payments associated with this account within XXXX  days, as failure to comply will result in further legal and regulatory action. Please provide a written confirmation stating that these late payments have been removed. XXXX XXXX

Company response to consumer: Closed with explanation