Consumer complaint received 2025-06-09 00:00:00
Product: Credit reporting or other personal consumer reports — Other personal consumer report
Issue: Improper use of your report — Reporting company used your report improperly
Company: EQUIFAX, INC.
State: LA

Complaint narrative:
* * CEASE AND DESIST LETTER * * * * VIA CERTIFIED MAIL & EMAIL ( RETURN RECEIPT REQUESTED ) * * To : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Equifax XXXX XXXX XXXX XXXX XXXX XXXX Unlawful Reporting of Child Support Information Violation of the Fair Credit Reporting Act ( FCRA ) XXXX XXXX Dear Credit Reporting Agencies, I am writing to formally demand that you * * immediately cease and desist * * from unlawfully reporting any child support-related information ( including arrears, payment history, or enforcement actions ) pertaining to XXXX XXXX . Your continued reporting of this information without proper legal authority and verification constitutes a willful violation of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., as well as other federal and state consumer protection laws.

Legal Violations & Basis for Demand 1. Child Support Reporting Violates the FCRAs Permissible Purpose Requirements ( 15 U.S.C. 1681b ) - Under 15 U.S.C. 1681b, consumer reporting agencies may only furnish a credit report for permissible purposes, such as credit transactions, employment, or insurance underwriting.

- Child support obligations are not debts incurred voluntarily for consumer purposes and thus do not fall under permissible uses of credit reporting under 1681b. 

- Case Law : - * * Mabe v. G.C. Services Ltd. * *, 32 F.3d 86 ( 4th Cir. 1994 ) Held that child support obligations are * * not " consumer debts '' * * under the FCRA.

- * * Yates v. Pinkerton , Cohen & Wetzel * *, 1994 WL 317461 ( N.D. Cal. ) Found that reporting child support as a tradeline is * * misleading and violates accuracy requirements * *.

- * * 2. Failure to Maintain Maximum Possible Accuracy ( 15 U.S.C. 1681e ( b ) ) - The FCRA requires that credit reporting agencies * * follow reasonable procedures to ensure maximum possible accuracy * * ( 15 U.S.C. 1681e ( b ) ).

- Child support reporting is * * often inaccurate * * due to : - * * Lack of real-time updates * * from state agencies.

- * * Failure to distinguish between arrears and active obligations. * * - * * Misreporting of disputed amounts. * * - * * Case Law * * : - * * Cushman v. TransUnion * *, 115 F.3d 220 ( 3d Cir. 1997 ) CRAs must verify disputed information with * * original sources * * ( e.g., courts or state agencies ).

- * * Henson v. CSC Credit Services * *, 29 F.3d 280 ( 7th Cir. 1994 ) CRAs can not rely on unverified third-party data.

# # # # * * 3. Improper Use of Consumer Reports ( 15 U.S.C. 1681b ( f ) ) * * - * * Child support enforcement agencies are not permissible users * * of credit reports under * * 1681b ( f ) * * unless for a legitimate credit purpose.

- * * Case Law * * : - * * Phillips v. Grendahl * *, 312 F.3d 357 ( 8th Cir. 2002 ) Unauthorized use of credit reports for non-FCRA purposes is illegal.

# # # # * * 4. Violation of Due Process Rights ( 42 U.S.C. 666 ( a ) ( 7 ) ) * * - While * * 42 U.S.C. 666 ( a ) ( 7 ) * * allows states to report delinquent child support to credit bureaus, * * it does not override FCRA protections * *.

- * * No court or state agency has provided verified documentation * * authorizing the reporting of this information.

# # # * * Demand for Immediate Action * * Pursuant to * * 15 U.S.C. 1681i * *, you are * * legally required * * to : 1. * * Immediately delete all child support-related tradelines, collections, or remarks * * from XXXX XXXX credit file.

2. * * Cease any future reporting * * of child support data unless you can provide * * court-certified documentation * * proving its accuracy.

3. * * Provide written confirmation * * of deletion within * * 15 days * * of receiving this letter.

# # # * * Notice of Intent to Pursue Legal Action * * Failure to comply will result in : - A formal complaint to the * * Consumer Financial Protection Bureau ( CFPB ) * *.

- A lawsuit for * * willful noncompliance under 15 U.S.C. 1681n * *, seeking : - * * Statutory damages ( {$100.00} {$1000.00} per violation ) * * - * * Punitive damages * * - * * Attorneys fees and costs * * This letter serves as * * pre-litigation notice * *. Any further violations will result in immediate legal action.

Company response to consumer: Closed with explanation