Consumer complaint received 2024-12-28 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: IL

Complaint narrative:
This letter serves as formal notice that you have unlawfully reported an alleged debt to my consumer report. Specifically, I am referring to the account XXXX XXXX  XXXX Account Number XXXX, XXXX XXXX XXXX Account Number XXXX, which you have reported as late or inaccurately. Under 15 U.S.C. 1666b, 15 U.S.C. 1637 ( b ), and 15 U.S.C. 1681s-2, you are required to verify the accuracy of the information you report. You have violated these provisions, and I demand that you take immediate corrective action.

Violation of 15 U.S.C. 1666b ( Timing of Payments ) Under 15 U.S.C. 1666b, a creditor may not report a payment as late unless it follows specific procedures designed to ensure that the periodic statement is sent to the consumer at least 21 days before the due date.If you have received information from a furnisher regarding this alleged debt and it does not comply with the 21-day rule for sending periodic statements, that alone renders the reporting of this debt inaccurate. 
You have failed to provide proof that the creditor properly followed the required procedures under 15 U.S.C. 1666b before reporting this alleged late payment to my credit report.

Violation of 15 U.S.C. 1637 ( b ) ( Required Information on Statements ) Additionally, 15 U.S.C. 1637 ( b ) requires that all periodic statements include detailed information. This includes the amount of the payment due, the date on which the payment is due, and other necessary elements to comply with consumer protection regulations.

I request that you provide evidence that the periodic statement was sent in full compliance with 15 U.S.C. 1637 ( b ), including the following : Evidence that the statement was mailed or delivered to me at least 21 days prior to the payment due date. 

The full information required to be included in such a statement, as outlined in the statute. 
Failure to provide this evidence means that the information can not be verified and must be deleted from my credit report immediately.

Violation of 15 U.S.C. 1681s-2 ( Furnishers Duty to Report Accurate Information ) Under 15 U.S.C. 1681s-2, furnishers of information to consumer reporting agencies ( CRAs ) are prohibited from reporting inaccurate, incomplete, or misleading information.

Specifically, 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ) prohibits furnishers from reporting information they know or should know to be inaccurate. Furthermore, 15 U.S.C. 1681s-2 ( b ) provides that furnishers must correct or delete inaccurate information after receiving a notice of dispute from the consumer.

As the furnisher of this alleged debt, you have violated this provision because : The debt reported is inaccurate and incomplete.

You have failed to verify the accuracy of the information after I disputed it.

You have failed to properly investigate the validity of this debt, in violation of your duties under 15 U.S.C. 1681s-2 ( b ).

Given the violations of these legal obligations, you are legally prohibited from continuing to report this information to any consumer reporting agencies.

Demand for Immediate Deletion Therefore, I demand that you immediately cease and desist from reporting this alleged debt to any consumer reporting agencies and that you delete this inaccurate information from my consumer report. The continued reporting of this inaccurate and misleading information is causing significant harm to my financial reputation and my ability to obtain credit, and my personal livelihood.

If this issue is not resolved promptly, I will take appropriate legal action, including seeking damages under 15 U.S.C. 1681n ( willful violations ) and 15 U.S.C. 1681o ( negligent violations ) for your failure to comply with the Fair Credit Reporting Act ( FCRA ), as well as claims under the Fair Debt Collection Practices Act ( FDCPA ), specifically 15 U.S.C.

1692k.

Deadline for Compliance You have 10 calendar days from the receipt of this letter to remove this erroneous account from my credit file and send me written confirmation of the deletion. Failure to comply will result in further legal action. 

Account Information to Be Deleted XXXXXXXX XXXX  XXXX Account Number XXXX XXXX XXXX XXXX Account Number XXXX I also request that you send me a copy of my updated credit report showing that the inaccurate information has been removed. 
Legal Actions Please be advised that if you fail to address this matter as required by law, I will pursue claims for : Defamation of Character ( per se ) Violation of the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692k Violation of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 Willful noncompliance, 15 U.S.C. 1681n, and 15 U.S.C. 1681o I expect your immediate attention to this matter.

Sincerely,

Company response to consumer: Closed with non-monetary relief