Consumer complaint received 2024-11-03 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: EQUIFAX, INC.
State: VA

Complaint narrative:
Re : Unlawful reinsertion re : XXXX XXXXXXXX XXXX  You were previously notified of my successful lawsuit against XXXX. I provided you a copy of the Judgment against them I obtained in the amount of {$5000.00} for their violation of the FCRA. While the judge awarded me damages, he did not have the authority to order them to correct my credit report. I was advised by the court to notify you for deletion of the inaccurate single late payment appearing on my credit report. 


In accordance with the courts advice, I did send you notice. And you did subsequently delete the wrongful late payment mark on my otherwise stellar payment history with XXXX. All was well on this account. ( See the attached image below dated XX/XX/XXXX demonstrating you had corrected the tradeline. ) I have now been shocked and disappointed to log in to Equifax.com and discover you have once again unlawfully reinstated this previously deleted late payment. I refer you to : 15 U.S. Code 1681i - Procedure in case of disputed accuracy ( B ) Requirements relating to reinsertion of previously deleted material ( i ) Certification of accuracy of information If any information is deleted from a consumers file pursuant to subparagraph ( A ), the information may not be reinserted in the file by the consumer reporting agency unless the person who furnishes the information certifies that the information is complete and accurate. 
( ii ) Notice to consumer If any information that has been deleted from a consumers file pursuant to subparagraph ( A ) is reinserted in the file, the consumer reporting agency shall notify the consumer of the reinsertion in writing not later than 5 business days after the reinsertion or, if authorized by the consumer for that purpose, by any other means available to the agency.

( iii ) Additional information As part of, or in addition to, the notice under clause ( ii ), a consumer reporting agency shall provide to a consumer in writing not later than 5 business days after the date of the reinsertion ( I ) a statement that the disputed information has been reinserted ; ( II ) the business name and address of any furnisher of information contacted and the telephone number of such furnisher, if reasonably available, or of any furnisher of information that contacted the consumer reporting agency, in connection with the reinsertion of such information ; and ( III ) a notice that the consumer has the right to add a statement to the consumers file disputing the accuracy or completeness of the disputed information. 
( C ) Procedures to prevent reappearance A consumer reporting agency shall maintain reasonable procedures designed to prevent the reappearance in a consumers file, and in consumer reports on the consumer, of information that is deleted pursuant to this paragraph ( other than information that is reinserted in accordance with subparagraph ( B ) ( i ) ). 
As you are well aware via my previous litigation with your company ; you are required to have reasonable procedures to prevent the reappearance of this item. You have the instant ability to block this particular month and prevent unlawful reinsertion with certainty. Yet your company has made a willful decision not to use the tools available to you to ensure compliance with my rights and your obligations under the Fair Credit Reporting Act. 


Notwithstanding the above, you did reinsert this item unlawfully. Further compounding your many violations of the FCRA ; you also chose not to send me the required Notice to Consumer. 


Demand is hereby made that you immediately once again remove the inaccurate 60 day late in XXXX of 2024 and take the necessary step to ensure it is not ever again illegally reinserted. 


As a side note of common-sense ; it is literally impossible for the prior month to be paid on time and then for the account to be suddenly 60 days late the month after being on time. The math simply does not work. 


THIRD POINT : I am attaching two additional images. As you will see below, the credit report dated XX/XX/XXXX shows you were correctly reporting the account as paid on time after my successful dispute. The next image dated XX/XX/XXXX shows your unlawful reinsertion and that you began reporting the tradeline as 30 days late. The final image dated XX/XX/XXXX next demonstrates you arbitrarily and inaccurately once again changed the same tradeline from 30 days late back to 60 days late. 


The Fair Credit Reporting Act requires that you use your Best Commercial Efforts to ensure my credit report is at all times accurate and complete. The evidence clearly demonstrates your inability and deliberate unwillingness to correct my credit report so that it is at all times accurate and complete. 


You have ignored repeated demands that you resolve this matter. Your actions rise well beyond ordinary negligence.

Company response to consumer: Closed with non-monetary relief