Consumer complaint received 2024-12-02 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: GA

Complaint narrative:
Subject : Dispute of Payment Transactions for Exclusion from Consumer Report Pursuant to 15 USC 1681a ( 2 ) I am writing to formally dispute the inclusion of certain payment transactions in my consumer report, as these entries violate the Fair Credit Reporting Act ( FCRA ), specifically 15 USC 1681a ( 2 ). Under this provision of the FCRA, only transactions related to loans, credit extensions, or other credit-related activities are permissible on a consumer report. The payments in question do not fall within this definition and must be excluded immediately. 

The transactions I dispute are as follows : XXXX XXXX XXXX XXXX  account # XXXX Reason : Dispute of Payment Transactions for Exclusion XXXX XXXX. 
Account # : XXXX Payments : XX/XX/XXXX, XX/XX/XXXX Dispute of Payment Transactions for Exclusion XXXX XXXX  for Exclusion Under 15 USC 1681a ( 2 ), a consumer report is defined as information related to an individuals creditworthiness, credit standing, or credit capacity. Specifically, only transactions that are part of a credit agreementsuch as loans, credit lines, or credit-based obligationsare permitted to be included in a credit report. Payments made to accounts that do not involve credit obligations, loans, or debt arrangements do not meet the statutory definition and must be excluded The payments In question are not related to any borrowing, loan repayment, or credit extension. These are merely transactions reflecting payments made, which are not indicative of a credit relationship. As such, they fall outside the scope of what is required or allowed to be reported under 15 USC 1681a ( 2 ). 

Relevant Court Cases Supporting Exclusion XXXX. XXXX v. XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) In this case, the court ruled that only information directly related to credit transactions, such as loans or credit lines, should be included in a consumer report. Payments that do not involve a credit agreement were excluded from the report, as they were not deemed to be credit-related XXXX. XXXX v. XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) The XXXX XXXX held that the FCRA requires credit reporting agencies to only report information that pertains to actual credit transactions, not payments made on non-credit accounts. The court ruled that payments that were not part of an installment loan or credit arrangement must be excluded from credit reports. 

XXXX. XXXX v. Equifax XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) This case highlighted the responsibility of credit reporting agencies to ensure that only relevant, accurate, and legally permissible information is included in consumer reports. Inaccurate or irrelevant entries, such as payments on non-credit-related accounts, were deemed a violation of the FCRA. 

XXXX. XXXX XXXX Equifax XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) The court reaffirmed that a credit report must reflect only those transactions that directly affect the consumers creditworthiness. Payments made on non-credit accounts, or transactions that do not represent credit obligations, were found to be outside the scope of the FCRA and thus not reportable. 

Key Points Regarding the Disputed Payments Payments Are Not Credit-Related Transactions : The disputed payments are not part of any credit agreement or obligation to repay borrowed funds. As such, they do not meet the statutory definition of a credit transaction under 15 USC 1681a ( 2 ).

No Loan or Credit Extension Involved : These payments are simply transactions on accounts that do not involve any credit arrangements. They do not reflect any loan, line of credit, or other forms of borrowing. 

Legal Duty to Report Only Relevant Information : As a credit reporting agency, Equifax is required by the FCRA to ensure that only accurate, relevant, and legally compliant information is included in a consumers report. Payments made on accounts that are not related to credit transactions are irrelevant and should not appear on a consumer report. 

Unwarranted Harm to Credit Profile : Including these non-credit payments on my report is harmful to my credit profile, as it may inaccurately suggest financial obligations or credit relationships where none exist, impacting my ability to secure loans or credit in the future.

Request for Immediate Action Given the legal grounds outlined above, I demand that the following actions be taken within the 15-day period required by the FCRA : 1. Immediate removal of the disputed payment transactions from my consumer report.

2. Provision of an updated consumer report reflecting the exclusion of these payments.

3. Confirmation of corrective action taken and assurance that the report now fully complies with the FCRAs requirements.

Failure to remove these inaccurate entries will compel me to seek legal action, including filing complaints with the Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ), as well as pursuing claims for damages under the FCRA.

Thank you for your immediate attention to this matter. I expect a prompt resolution of this dispute within the statutory timeframe. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation