Consumer complaint received 2024-08-13 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: GA

Complaint narrative:
I am writing to file a formal complaint against Freedom Mortgage and Equifax for violating my rights as a federally protected consumer under the Fair Credit Reporting Act ( FCRA ) and other related laws.

Summary of Complaint : 1. Inaccurate Late Payment Reporting : The late payments reported by Freedom Mortgage on my credit report for the months of XXXX and XXXX of 2024 are inaccurate. These late payments do not accurately reflect my payment history and have been reported without proper authorization.

2. Violation of 15 USC 1666b ( a ) : Under 15 USC 1666b ( a ), a creditor must consider a payment as timely if it is received within a reasonable period after the due date. The law mandates : " A creditor shall not treat a payment on a credit card account under an open-end consumer credit plan as late for any purpose unless the creditor has adopted reasonable procedures designed to ensure that periodic statements are mailed or delivered to the consumer not less than 21 days before the payment due date. '' I believe that XXXX XXXX  failed to adhere to this requirement, leading to the erroneous reporting of late payments on my credit report.

3. Violations of Consumer Rights Under the FCRA and GLBA : o 15 USC 1681 Section 602 ( a ) : This section establishes that consumer reporting agencies must exercise their responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. Equifax, a consumer reporting agency has failed to uphold this standard.

o 15 USC 6801 : This section states that financial institutions have an obligation to respect the privacy of their customers and protect the confidentiality of their nonpublic personal information. XXXX XXXX  as a financial institution, has not fulfilled this obligation by improperly sharing my information.

o 15 USC 1681 Section 604 ( a ) ( 2 ) : According to this provision, consumer reporting agencies may only furnish a consumer report in accordance with the written instructions of the consumer. Neither Freedom Mortgage nor Equifax obtained my explicit consent to furnish this information.

o 15 USC 6802 ( b ) ( c ) : This section requires that a financial institution must provide consumers with the opportunity to opt out of the sharing of nonpublic personal information with nonaffiliated third parties. I was never informed of my right to exercise this nondisclosure option.

o 15 USC 1681C ( a ) ( 5 ) : This provision prohibits the reporting of any adverse item of information, other than records of convictions of crimes, that antedates the report by more than XXXX years. The adverse items being reported by XXXX XXXX  are beyond this timeframe and are being reported without my permission.

o 15 USC 1681s2 ( A ) ( 1 ) : This section states that no person shall furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. The information provided by XXXX XXXX  is inaccurate, yet it continues to be reported.

o 15 USC 1681e : This provision requires consumer reporting agencies to maintain reasonable procedures designed to avoid violations of section 1681c and to limit the furnishing of consumer reports to permissible purposes. Equifax has failed to maintain such procedures.

o 12 CFR 1016.7 : This regulation affirms that a consumer may exercise the right to opt out at any time. I am formally opting out of XXXX XXXX  's reporting services.

4. Inaccurate Late Payment Reporting While Under Billing Error Status : My account with Freedom Mortgage is currently under billing error status, and yet, the creditor has continued to report late payments to the credit reporting agencies, which is in direct violation of 15 USC 1666 ( a ).

o The statute explicitly states : 1. 15 USC 1666 ( a ) : " During the time the creditor is investigating whether any billing error occurred, the creditor is prohibited from threatening to report or reporting you as delinquent. '' The continued reporting of late payments while my account is under billing error status is not only incorrect but also damaging to my credit score and overall financial standing.

Company response to consumer: Closed with explanation