Consumer complaint received 2025-03-31 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Information belongs to someone else
Company: EQUIFAX, INC.
State: GA

Complaint narrative:
I am writing to formally dispute an auto loan account reported by XXXX on my credit report. 
Key Details of the Dispute : 1. Authorized User Status : I was an authorized user on the auto loan account with XXXX, and I was not the primary borrower nor responsible for the debt incurred. I had XXXX knowledge of this account being opened or its activity during that time. 
XXXX. Identity Theft : During the period this account was active, I was a victim of identity theft by my ex-husband, who used my personal information without my consent. The divorce decree explicitly states that all of his debts, including any debt related to this auto loan, were his responsibility and would not be attributed to me. 
3. Military Service : At the time the loan was XXXX I was serving as an XXXX military service member. As such, I am entitled to specific protections under the Servicemembers Civil Relief Act ( SCRA ), which ensures that military personnel are not unfairly burdened by financial obligations during their service.

4. Vehicle Lemon and Voluntary Repossession : The vehicle associated with this loan was a lemon due to significant defects that affected its safety and functionality. Despite numerous attempts to have the issues addressed, the vehicle could not be repaired. Ultimately, I voluntarily surrendered the vehicle to XXXX through voluntary repossession. While I understand the negative impact of repossession on my credit report, I am requesting a goodwill adjustment due to the vehicles lemon status and my voluntary surrender of the car. 
Request for Investigation and Removal : In light of the facts above, I respectfully request the following : 1. Removal of the Account : Since I was an authorized user and the account was a result of identity theft, I request that this account be removed from my credit report in accordance with the Fair Credit Reporting Act ( FCRA ).

2. Goodwill Adjustment : Considering the vehicle was a lemon and voluntarily repossessed, I kindly request a goodwill adjustment to have this account reported more favorably. Specifically, I request that this account be marked as Paid or Settled, or that the repossession be removed from my credit report, reflecting the unique circumstances surrounding the vehicles defects and my military service. 
Relevant Laws and Regulations Regarding Mishandling of Information : XXXX. Fair Credit Reporting Act ( FCRA ) ( 15 U.S. Code 1681 ) : o Section 1681i : This section mandates that credit reporting agencies, such as Experian, investigate disputed information within 30 days. If the information is found to be inaccurate or unverifiable, it must be corrected or removed from the credit report.

o Section 1681s-2 : Under this section, furnishers of information ( like XXXX ) must ensure that the information they report to the credit bureaus is accurate and complete. XXXX failed to verify that I was the authorized user and not the primary borrower. They also did not account for the identity theft and inaccurately reported the account under my name. 
2. Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S. Code 1692 ) : o Section 1692e : This section prohibits debt collectors from making false or misleading representations when collecting or reporting debt. XXXX did not ensure the accuracy of the debt reported to Experian, especially considering I was a victim of identity theft and not responsible for the debt.

3. Servicemembers Civil Relief Act ( SCRA ) ( 50 U.S.C. 3937 ) : o Under the SCRA, military service members are entitled to protections, including relief from financial obligations that may place an undue burden on them during their service. In this case, I was an active-duty military member at the time the loan was active. XXXX failed to consider these protections, which could have altered how the account was handled and reported. 
4. Texas Lemon Law ( Texas Business and Commerce Code, Chapter 2301, Subchapter M ) : o Under Texas Lemon Laws, if a vehicle has significant defects that impair its safety or operation, and the defects can not be repaired after a reasonable number of attempts, the buyer ( or lessee ) may be entitled to a refund or a replacement vehicle. Given that the vehicle was a lemon, I voluntarily returned the car as the defects could not be resolved. Texas Lemon Law offers remedies to consumers who are dealing with such defective vehicles, and I request that this be taken into consideration in reporting this repossession. 
5. Lemon Law and Repossession Protections for Service Members : o In addition to the Texas Lemon Law, service members have specific protections regarding defective vehicles. If a service member is stuck with a defective vehicle ( a lemon ) and can not afford the car due to XXXX XXXXXXXX or financial hardship, they may be entitled to protections under both state Lemon Laws and federal SCRA provisions. The circumstances of my military service and the vehicles lemon status should be factors in how this account is reported.

Company response to consumer: Closed with explanation