Consumer complaint received 2025-02-23 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: EQUIFAX, INC.
State: CA

Complaint narrative:
I am filing this formal complaint regarding a recent data breach that exposed my personal information, resulting in inaccurate and/or unauthorized accounts appearing on my credit reports. This is a direct violation of 15 USC 1681e ( b ), 15 USC 1681i, and 15 USC 1681s-2, which mandate that consumer reporting agencies maintain maximum possible accuracy and that furnishers of information report only verified and legitimate debts.

Despite my repeated attempts to dispute this account status with the credit bureaus, it continues to remain on my report unlawfully.

15 USC 1681e ( b ) mandates that consumer reporting agencies maintain maximum possible accuracy in consumer reports. If information is reported without verification or is the result of a data breach, it can not be considered accurate. Since my personal data was compromised in a breach, this account status may be fraudulent or incorrectly associated with me. Furthermore, XXXX has not provided any legally sufficient documentation proving that this debt was late or belongs to me. Without validated and verifiable records, these accounts should not be reported, as they misrepresent my creditworthiness and violate my rights under federal law.

Under 15 USC 1681s-2 ( a ) ( 1 ) ( A ), furnishers of credit informationincluding collection agenciesare required to report only complete and accurate data. If a debt collector fails to properly verify a debt, they are prohibited from reporting it to the credit bureaus. This creditor has failed to furnish proper documentation substantiating these debts were late, thereby violating this statute.

Lastly, 15 USC 1681i outlines my right to dispute inaccuracies and requires that consumer reporting agencies conduct a reasonable reinvestigation. However, despite my previous disputes, the credit bureaus have failed to remove this unverified late payment status, showing a willful neglect of their duty under federal law. The continued presence of this negative account status not only damages my credit but also exposes me to financial harm based on unverified and potentially fraudulent data. Since the credit bureaus and furnishers have failed to comply with their legal responsibilities, these late payments must be deleted immediately to prevent further harm and legal liability. 

Additionally, under 15 USC 1681e ( b ), CRAs must ensure the maximum possible accuracy of information included in a credit report. In XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ), the court ruled that credit reporting agencies must conduct a meaningful and thorough reinvestigation rather than merely relying on the furnishers response. Since these late payments arose after a data breach that exposed my personal information, there is a strong likelihood that they were reported in error, are fraudulent, or were assigned to the wrong individual. The failure of XXXX, Equifax, and XXXX to properly verify the debt 's payment statusespecially after multiple disputesdirectly violates their obligations under 1681e ( b ) and related case law.

Furthermore, 15 USC 1681s-2 ( a ) ( 1 ) ( A ) places a legal obligation on furnishers ( such as XXXX ) to report only accurate and verifiable information. Courts have ruled against furnishers for failing to meet this requirement. In XXXX v. XXXX & XXXX, XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ), the court held that furnishers must conduct a reasonable investigation of disputed debts before continuing to report them. If a furnisher can not provide legally sufficient documentation, it is unlawful for them to continue reporting the debt. The fact that these lates remain on my credit report despite repeated disputes indicates that the furnishers and CRAs have violated this law. 

Finally, under 15 USC 1681i, I have the right to dispute any inaccurate, incomplete, or unverifiable information, and the CRAs must conduct a reasonable reinvestigation within 30 days. In XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ), the court ruled that failure to remove unverified data after a consumer dispute constitutes a willful violation of the FCRA, making the CRA liable for damages. Given that I have already disputed these debts, and they remain without verification, the CRAs are in clear violation of 15 USC 1681i and relevant case law. Failure to comply exposes them to statutory damages, punitive damages, and potential legal action under 15 USC 1681n and 1681o.

Because these violations are well-documented under federal law and supported by case precedent, I demand the immediate and permanent deletion of these late payments on this account from all consumer reporting agencies. Until these late payments are removed, I will escalate my complaint to the Federal Trade Commission ( FTC ), and my XXXX  state Attorney General, and legal counsel for potential litigation.

Company response to consumer: Closed with non-monetary relief