Consumer complaint received 2025-07-07 00:00:00
Product: Debt collection — I do not know
Issue: False statements or representation — Attempted to collect wrong amount
Company: EQUIFAX, INC.
State: TX

Complaint narrative:
XX/XX/XXXX Subject : Automated Consumer Dispute Verification ( ACDV ) Dispute of Inaccurate Credit Report Information and Cease and Desist Demand Account Number : XXXX XXXX XXXX XXXX XXXX ( XXXX )/ XXXX * * * * ( XXXXEquifax ) Original Creditor : XXXX XXXX ( XXXXXXXX XXXX XXXX  XXXX ) Dispute Code : XXXX ( Inaccurate Information ), XXXX ( Account Status Incorrect ), XXXX ( Consumer Disputes After Resolution ) Dear XXXX XXXX, and Equifax, I am writing to formally dispute the inaccurate, unverifiable, and misleading information reported on my credit file by XXXX XXXX ( Original Creditor : XXXXXXXX XXXX XXXX XXXX ) under the above-referenced account numbers. This letter serves as a formal dispute under 15 U.S.C. 1681i ( a ) of the Fair Credit Reporting Act ( FCRA ) and a Cease and Desist demand under 15 U.S.C. 1692c ( c ) of the Fair Debt Collection Practices Act ( FDCPA ). I assert my rights Without Prejudice under UCC 1-308, reserving all legal rights and remedies. This dispute is submitted in compliance with Metro 2 and OCRA standards and addresses violations of federal law, including but not limited to 15 U.S.C. 1681e ( b ), 15 U.S.C. 1681s-2 ( b ), and 18 U.S.C. 1343 ( Wire Fraud ). 
Inaccuracies and Violations Identified The following inaccuracies and violations are present in the reporting of the above-referenced account across all three credit bureaus ( XXXX XXXX Equifax ) : 1. Incorrect Date of First Delinquency ( DOFD ) : Violation : The reported DOFD is XX/XX/XXXX ( XXXX/Equifax ) and XX/XX/XXXX ( XXXX ). This discrepancy violates 15 U.S.C. 1681c, which requires accurate reporting of the DOFD. The DOFD is critical for determining the obsolescence period under FCRA 605 ( a ). Inaccurate DOFD reporting misleads consumers and creditors, causing harm to my creditworthiness.

Metro 2 Non-Compliance : Metro 2 guidelines ( Field 35 Date of First Delinquency ) require a consistent and accurate DOFD. The conflicting dates across bureaus indicate a failure to adhere to Metro 2 standards. 
Case Law : In XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), the court held that inaccurate reporting of delinquency dates violates FCRAs requirement for reasonable procedures to ensure accuracy. 
2. Incorrect Account Status and Payment History : Violation : The account is reported as Collection/Chargeoff with a status of Derogatory and comments such as Dispute resolved; customer disagrees ( XXXX ) , Subscriber reports dispute resolved consumer disagrees ( XXXX  ), and Consumer disputes after resolution ; Subject has not satisfied debt ( Equifax ) . These statuses are misleading and unverifiable, violating 15 U.S.C. 1681e ( b ), which mandates that credit reporting agencies ( CRAs ) maintain reasonable procedures to ensure maximum possible accuracy. 
Metro 2 Non-Compliance : The account status ( Field 17A Account Status ) and payment history ( Field 24 Payment History Profile ) are inconsistent with Metro 2 standards, which require accurate and verifiable reporting of account status and payment history. The vague and contradictory comments fail to comply with Metro 2s requirement for clear and accurate dispute resolution codes ( e.g., XXXX, XXXX ). 
Case Law : In XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), the court ruled that CRAs and furnishers must correct inaccurate statuses to avoid FCRA liability. 
XXXX. Failure to Conduct a Reasonable Investigation : Violation : Under 15 U.S.C. 1681s-2 ( b ), furnishers ( e.g., XXXX XXXX ) are required to conduct a reasonable investigation, review all dispute-related information, and delete or correct unverifiable data. The bureaus responses indicate a failure to verify the accounts accuracy, as evidenced by the contradictory DOFD, status, and comments. This violates 15 U.S.C. 1681i ( a ), which requires CRAs to reinvestigate disputes and delete unverifiable information within 30 days. 
XXXX XXXX : In XXXXXXXX XXXX XXXXXXXX XXXXXXXX XXXX XXXXXXXX, XXXX XXXX XXXX ( XXXX XXXX  XXXX ), the court held that furnishers must conduct meaningful investigations, not merely rely on automated systems like e-OSCAR.

4. Misleading Electronic Communication ( Wire Fraud ) : Violation : The furnisher and CRAs have communicated misleading and inaccurate data through the e-OSCAR system, constituting wire fraud under 18 U.S.C. 1343. The transmission of false or unverifiable data across state lines via electronic means ( e.g., e-OSCAR ) with intent to harm my credit file violates federal law. 
Case Law : In United States v. XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), the court upheld that intentional transmission of false information via electronic means constitutes wire fraud. 
5. FDCPA Violations and Cease and Desist Non-Compliance : Violation : XXXXXXXX XXXX continued collection activities after receiving a Cease and Desist letter, violating 15 U.S.C. 1692c ( c ) of the FDCPA, which prohibits further communication after a consumers written request to cease. Additionally, XXXX XXXX use of misleading tactics to collect the debt violates 15 U.S.C. 1692e ( prohibiting false or misleading representations ). 
Lack of Surety Bond : XXXX XXXX lacks a surety bond in Texas, as required by Texas Finance Code 392.101, rendering their collection activities unlawful. 
Case Law : In XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ), the Supreme Court confirmed that debt collectors must comply with FDCPA provisions, including ceasing communication upon request.

6. Role Misreporting : Violation : The account is reported as Joint across all bureaus, which is inaccurate and unverifiable. Under 15 U.S.C. 1681e ( b ) and Metro 2 guidelines ( Field 9 Consumer Transaction Type ), the role of the consumer must be accurately reported. Misreporting my role as Joint has caused undue harm to my credit profile. 
Case Law : In XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), inaccurate reporting of consumer roles was deemed a violation of FCRA. 
Requested Actions Under 15 U.S.C. 1681i ( a ) and 15 U.S.C. 1681s-2 ( b ), I demand the following : XXXX. Permanent Deletion of the Account : Delete the entire account ( XXXXXXXX XXXX XXXX XXXX XXXX  / XXXXXXXX XXXX XXXX XXXX XXXX  ) from my credit files across all three bureaus due to the unverifiable and inaccurate information, including the DOFD, account status, payment history, and consumer role. 
Metro 2 Compliance : Update Field 17A ( Account Status ) to DA ( Delete Account ) and remove all derogatory remarks per Metro 2 guidelines.

2. Cease and Desist Collection Activities : XXXXXXXX XXXX must immediately cease all collection activities, as previously demanded in my Cease and Desist letter, per 15 U.S.C. 1692c ( c ). Any further communication violates the FDCPA and will result in legal action.

3. Compensation for Damages : I seek compensation for damages caused by the inaccurate and unlawful reporting, including emotional distress, loss of credit opportunities, and financial harm, as authorized under 15 U.S.C. 1681n ( willful noncompliance ) and 15 U.S.C. 1681o ( negligent noncompliance ). The furnishers and CRAs failure to correct inaccuracies has caused significant harm, as supported by XXXX XXXX XXXX XXXX XXXXXXXX, XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ). 
4. Provide Verification or Delete : If the furnisher ( XXXX XXXX ) or CRAs can not provide verifiable documentation ( e.g., signed contract, payment records, or proof of joint responsibility ) within 30 days, the account must be deleted per 15 U.S.C. 1681i ( a ) ( 5 ).

5. Correct Metro 2 Reporting : Ensure all fields ( DOFD, Account Status, Payment History, Consumer Role ) comply with Metro 2 standards. Failure to do so violates 15 U.S.C. 1681e ( b ). 
Cease and Desist Demand As previously communicated, I hereby reiterate my demand that XXXX XXXX cease all communication and collection activities related to this account, pursuant to 15 U.S.C. 1692c ( c ). Any further contact, including reporting to CRAs, will be considered a willful violation of the FDCPA and will result in legal action, including but not limited to claims for statutory damages under 15 U.S.C. 1692k. XX/XX/XXXX Subject : Cease and Desist All Communication Account # [ Account Number, if known ] Dear [ Creditor/Debt Collector Name ], Under the authority of the Fair Credit Reporting Act ( FCRA ) ( 15 U.S.C. 1681 ) and the Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. 1692 ), I demand that you immediately cease all communication with me, including but not limited to phone calls, emails, text messages, letters, and credit reporting activities, regarding the alleged account referenced above.

Your failure to properly verify the alleged debt, as required by FCRA 1681i and FDCPA 1692g, constitutes harassment and non-compliance with federal law. Pursuant to FDCPA 1692c ( c ), I hereby revoke any prior consent for communication. Any further contact or reporting of unverified information to credit reporting agencies violates FCRA 1681s-2 ( b ) and will be considered willful non-compliance, subjecting you to liability under FCRA 1681n and FDCPA 1692k.

This letter serves as a formal dispute under the FCRA and an Automated Credit Dispute Verification ( ACDV ) request. You are required to : Cease all communication with me in any form.

Remove any unverified or inaccurate information from my credit reports with all credit reporting agencies ( Equifax, XXXX XXXX ). 
Provide proof of verification compliant with FCRA 1681i ( a ) ( 2 ) if you claim the debt is valid. 
Failure to comply within 30 days will result in complaints filed with the Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ), as well as potential legal action for statutory damages. 
This notice is sent in good faith and is OCRA-compliant ( Online Credit Repair Act principles ) to ensure fair and lawful treatment. Govern yourself accordingly. 
Sincerely,

Company response to consumer: Closed with explanation