Consumer complaint received 2025-10-17 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: NJ

Complaint narrative:
Unlawful Credit Reporting and Billing Misconduct by XXXX / XXXX SERVICES I have reviewed my consumer credit reports and discovered that XXXX XXXX XXXX XXXX has furnished transaction and payment information that is excluded by law under the Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681a ( 2 ) ( A ) ( i ).

That section clearly states that transactions or experiences between a consumer and the person making the report are excluded from being reported as part of a consumer report. Despite this, XXXX XXXX XXXX XXXX has been furnishing detailed transactional information, including late-payment records, directly to consumer reporting agencies.

Furthermore, the use of FICO or XXXX algorithms in this process is not recognized within the statutory definition of a consumer report. Their scoring models are not a legally authorized factor for credit reporting under the FCRA. 

XXXX. Specific Accounts and XXXX XXXX XXXX XXXX XXXX XXXX has furnished false and damaging data showing late payments for the following student loan accounts : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX The company reported the following inaccurate delinquencies : XXXX XXXX XXXX  days late XXXX XXXX XXXX days late XXXX XXXX XXXX days late XXXX XXXX XXXX  days late XXXX XXXX XXXX days late XXXX XXXX XXXX  days late ( continued reporting ) XXXX XXXX XXXX days late on one sub-account All payments were made on time, in exact amounts, and on their respective due dates. 
This indicates the issue stems from a billing or reporting error within XXXX / XXXX servicing process.

3. Violation of 15 U.S.C. 1666b Improper Treatment of Payments Under 15 U.S.C. 1666b ( a ), a creditor may not treat a payment as late unless it has adopted reasonable procedures to ensure that each periodic statement required under 1637 ( b ) is mailed or delivered to the consumer at least 21 days before the payment due date. 

XXXX XXXX XXXX XXXX never provided these required periodic statements or disclosures within the mandated 21-day period. I requested this information in good faith pursuant to Rule 1002, yet the company failed to provide proof of delivery or mailing.

Therefore, their act of marking my payments as late when they did not follow the statutory notice and timing requirements constitutes a clear violation of 15 U.S.C. 1666b.

4. Pattern of Unfair and Deceptive Practices This misconduct parallels the kind of double-dipping and deceptive billing schemes for which the CFPB sanctioned XXXX XXXX XXXX XXXX XX/XX/XXXX ) for illegally charging multiple fees and harming consumers creditworthiness. 

Similarly, XXXX XXXX XXXX XXXX reporting of false late payments has caused substantial damage to my creditworthiness, character, and reputation, and has directly affected my ability to obtain fair credit. 

XXXX. Requested Action I request that the FTC and CFPB investigate XXXX XXXX XXXX XXXX for : Violations of FCRA 15 U.S.C. 1681a ( 2 ) ( A ) ( i ) Unlawful furnishing of transactional information Violations of 15 U.S.C. 1666b Failure to provide proper notice before marking payments late Violations of 15 U.S.C. 1681s2 ( b ) Failure to correct inaccurate data after consumer notice I demand the immediate deletion of the following inaccurate late-payment entries from all consumer reporting agencies : XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. 

This inaccurate reporting has caused measurable harm to my credit standing, mode of living, and personal reputation.

6. Additional Request for Evidence In accordance with 15 U.S.C. 1666b ( a ), I also request that XXXX XXXX XXXX XXXX produce documentary proof showing that any billing statements or payment notifications were mailed or delivered at least 21 days prior to the due dates for the months they allege as delinquent. 
If they can not provide such evidence, all reported late payments must be deleted as unsubstantiated and unlawful.

Company response to consumer: Closed with explanation