Consumer complaint received 2024-12-23 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: NY

Complaint narrative:
I am writing to formally dispute several accounts listed on my credit report that contain significant inaccuracies, which are negatively impacting my credit profile. These accounts violate provisions of the Fair Credit Reporting Act ( FCRA ) and my rights as a consumer. Additionally, I have recently become aware of a data breach in which my personal information was compromised. As a result, I do not recognize the activities associated with these accounts, and I believe they may be the result of fraudulent activity. Below, I will detail the specific concerns regarding these accounts, the FCRA laws that are being violated, and relevant court precedents that support my dispute. I respectfully request a thorough investigation and resolution in accordance with federal law, as these inaccuracies not only harm my credit score but also undermine my financial stability. 

The accounts in question are as follows : XXXX XXXX XXXX XXXX ( Account XXXX. XXXX, XXXX : {$3800.00} ) XXXX XXXX XXXX ( Account XXXX. XXXX, Balance : {$2800.00} ) XXXX XXXX XXXX XXXX ( Account No. XXXX, Balance : {$4900.00} ) XXXX XXXX XXXX XXXX ( Account No. XXXX, Balance : {$10000.00} ) XXXX XXXX XXXX XXXX ( Account No. XXXX, Balance : {$290.00} ) XXXX XXXX XXXX  XXXX XXXX Account No. XXXX, XXXX : {$2200.00} ) Under the FCRA, consumer reporting agencies are required to ensure the maximum possible accuracy of the information they report. However, the late payments associated with the accounts listed above contain discrepancies in the reporting dates and statuses across different credit bureaus. For instance, XXXX XXXX XXXX XXXX and XXXX XXXX XXXX show conflicting delinquency dates and balances across the various credit bureaus. These inconsistencies are not only misleading but also cause confusion regarding the true state of my credit history, undermining the reliability of the information being provided. The FCRA mandates that all information reported be as accurate as possible, and these discrepancies directly violate the requirements outlined in 15 U.S.C. 1681e ( b ). Despite my formal disputes, the furnishers have failed to provide concrete documentation that substantiates the late payment entries. According to 15 U.S.C. 1681i ( a ) ( 5 ), if the furnishers fail to provide adequate documentation during the dispute process, the information should be removed from my credit report. Furthermore, these conflicting delinquency dates and balances suggest that the furnishers have not conducted a reasonable investigation to verify the accuracy of the data, violating the FCRAs accuracy standards.

The FCRA requires that when a consumer disputes an account, the credit bureaus and furnishers must conduct a reasonable investigation into the validity of the disputed information. This investigation should include efforts to verify the accuracy of the reported information. In many cases, when accounts can not be properly verified, they must be deleted. The accounts in question fail to meet this standard, as the furnishers have not provided sufficient documentation or proof of the accuracy of the reported late payments. For example, in some instances, the furnishers have not responded to my dispute with any meaningful verification, and the supporting documents they have provided do not conclusively prove that the late payments were valid. As a result, the accounts in question can not be considered verified, and under 15 U.S.C. 1681i ( a ), they must be removed from my credit report. The failure to adequately investigate and substantiate these inaccuracies constitutes a direct violation of the FCRA.

The FCRA also requires that furnishers of information to credit reporting agencies report accurate and up-to-date information. The late payments reported for these accounts are not in line with my actual payment history and are therefore inaccurate. This failure to report accurate information constitutes a breach of 15 U.S.C. 1681s-2 ( a ). The inaccurate reporting of these late payments is misleading and harms my creditworthiness by giving the false impression that I have failed to meet my financial obligations. Furnishers are obligated to ensure that the information they report is correct, and in this case, they have failed to uphold this responsibility, resulting in significant harm to my credit profile.

The FCRA requires that if an account can not be verified during the dispute process, it must be removed from the credit report. The accounts in question have not been adequately verified, and therefore, should be deleted from my credit report entirely, as mandated by 15 U.S.C. 1681i ( a ) ( 5 ). The furnishers have not provided adequate documentation or proof that supports the reported late payments, nor have they demonstrated that they conducted a reasonable investigation into the disputed accounts. Without sufficient verification, these accounts should not remain on my credit report, as they serve only to misrepresent my credit history and impair my financial health.

In addition to the inaccuracies described above, I would like to bring to your attention that my personal information was recently compromised in a data breach. This breach has resulted in fraudulent activity on my accounts, which I do not recognize. The presence of unfamiliar accounts and the irregular payment history reported on my credit report strongly suggests that my information was misused without my authorization. Given the recent data breach and the fact that I do not recognize these activities, I suspect that these accounts may be the result of identity theft or fraud. It is imperative that these accounts be thoroughly investigated to determine whether they were opened as a result of fraudulent activity and to ensure that my rights as a consumer are protected under the FCRA. 

Several court cases underscore the obligations of furnishers and credit reporting agencies under the FCRA, further supporting my dispute : XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX. XXXX ) : This case affirmed that furnishers must conduct a reasonable investigation into disputed accounts. A failure to do so constitutes negligence and is a violation of the FCRA. The furnishers in my case have not conducted such an investigation, and as a result, the inaccurate information has not been rectified. 
XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX ( XXXX XXXX. XXXX ) : The court ruled that reporting inaccurate information that misleads creditors or potential creditors violates the FCRA. The inaccurate reporting of late payments on these accounts misleads future lenders and has a detrimental impact on my ability to secure credit at favorable terms. 
XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) : This case emphasized that credit reporting agencies have a duty to ensure the accuracy of the information they report and to delete unverifiable information. In my case, the credit bureaus have failed to adequately address my disputes regarding the accuracy of these accounts, and they have not taken the necessary steps to remove unverifiable information. 

The inaccurate and unverifiable reporting of late payments on these accounts has caused significant harm to my credit score. This has resulted in higher interest rates on loans, denial of credit opportunities, and undue financial strain. Furthermore, the emotional distress caused by these inaccuracies, compounded by the fraudulent activity stemming from the recent data breach, has been substantial. I have been forced to endure the financial repercussions of this false reporting, including missed opportunities to access credit on fair terms. These errors compromise my ability to obtain fair credit and undermine my financial stability, perpetuating an unjust cycle of disadvantage.

Company response to consumer: Closed with non-monetary relief