Consumer complaint received 2025-07-08 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Problem with personal statement of dispute
Company: EQUIFAX, INC.
State: NY

Complaint narrative:
I recently submitted a complaint to the CFPB as followed : Subject : Formal Complaint Regarding Unauthorized and Inaccurate Credit Reporting by XXXXXXXX XXXX  To Whom It XXXX Concern, I am writing to file a formal complaint against XXXX XXXX  for its continued unauthorized and inaccurate reporting to consumer credit bureaus. On multiple occasions, including, I explicitly withdrew both verbal and written consent and authorization for XXXX XXXX to furnish any information concerning the current matter to the credit reporting agencies. I made it unequivocally clear that any such reporting would only be conditionally permitted and subject to a fee of {$250000.00} per occurrence. Despite this, XXXX XXXX has continued to report negative information, in direct violation of my instructions and without lawful authorization. Furthermore, the account in question was officially closed on XX/XX/XXXX, but does not reflect that as, XXXX has continued to furnish derogatory reports, including alleged late payments dated after the account closure and furnish reports reflecting that the account has been opened for 12 years and 5 months. This is not only unauthorized but also factually incorrect, and constitute a willful violation of the Fair Credit Reporting Act ( FCRA ) and other applicable consumer protection statutes as the account can not be closed on XX/XX/XXXX and reflect an open status of XXXX and a half years. This is inaccurate reporting. I am therefore formally demanding the following : XXXX. That XXXX XXXX immediately cease all credit reporting activities related to this account ; XXXX. That they remove any and all inaccurate or unauthorized information already reported ; XXXX. That they compensate me in accordance with the terms I previously set forth {$250000.00} per unauthorized reporting event. I respectfully request that the Consumer Financial Protection Bureau investigate this matter without delay. Enclosed you will find documentation supporting my claims, including proof of the account closure date and my communications withdrawing authorization. Thank you for your attention and support in addressing this serious and ongoing violation. Sincerely, XXXX XXXX XXXX. 

The company responded as Followed : XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX RE : XXXXXXXX XXXX ending in XXXX Consumer Financial Protection Bureau Case # : XXXX Dear XXXX XXXX XXXX XXXX have received your correspondence to the Consumer Financial Protection Bureau XXXX CFPB ). To ensure that your concerns are efficiently addressed, your inquiry has been referred to my attention at the Executive Office of Customer Advocacy within XXXX. According to our records, this account was opened in your name on XX/XX/XXXX. At the time of opening your account, you agreed to the Cardmember Agreement which has been enclosed and states the following : You accept this Agreement if you do not cancel your Account within 30 days after receiving a Card. You also accept this Agreement if you or an Authorized User use the Account. We send you our Privacy Statement when you open your Account. Contact us or visit XXXX if you would like a copy. Please read it carefully. It summarizes : the personal information we collect ; how we safeguard its confidentiality and security ; when it may be shared with others ; and how you can limit our sharing of this information. You authorize us to get information from credit reporting agencies and other sources for servicing or review of your Account, collection, and any other use permitted by law, including to consider you for other products and services. We may report the status and payment history of your Account to credit reporting agencies and other creditors. We normally report to credit reporting agencies each month. Each billing period you must pay at least the Minimum Payment Due by the Payment Due Date shown on your billing statement. Additionally, your account preferences were updated on XX/XX/XXXX, to reflect your request that we not share information with Third Parties and Corporate Affiliates for their own marketing purposes. While we will not share your personal information with non-affiliates for marketing purposes, we must continue to report accurate information to the consumer reporting agencies as outlined in your Cardmember agreement. For your reference, enclosed is a copy of your privacy statement, which was last sent to you on XX/XX/XXXX. We will not honor your request for compensation or remove your account from reporting to the credit bureau agencies. We are required to report true and accurate information. We previously received multiple credit bureau disputes from you, which were completed. In each instance, you were found responsible for the account and balance and that the account is valid and reporting accurately. We have confirmed we are accurately reporting the account history and status to the credit reporting agencies. We are unable to honor your request to alter previously reported account history, as it is a factual representation of what occurred. According to consumer reporting agencies, accurate negative information such as delinquencies, late payments, insolvency, or any form of default, may continue to be reflected in your credit file for up to seven years. However, due to your dispute of the account, we have reported the account to the credit bureau reporting agencies as disputed and will continue to report it as such unless you tell us to stop reporting it as disputed. If you have any questions regarding the information reflected on your credit bureau reports from the account, we recommend contacting the credit bureau reporting agencies for assistance. The credit bureau reporting agencies that we report to are : Trans Union Equifax 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 XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX, we have taken appropriate actions to prevent future calls regarding the status of the account. Please understand that taking this action does not relieve you of your responsibility to repay and may prevent us from notifying you of repayment assistance and options. On XX/XX/XXXX, your account charged off due to non-payment in the amount of {$7400.00}. Should you have any questions regarding your account, please contact our Customer Assistance and Recovery department at ( XXXX ) XXXX. Should you have any questions or concerns, please contact me at ( XXXX ) XXXX, Monday through Friday, from XXXX a.m. to XXXXXXXX XXXX XXXX. Sincerely, XXXX Executive Office of Customer Advocacy Enclosures CC : CFPB. 

Base on the totality of misleading informed, including the false claim that I was told they would not honor my request to be commented for {$250000.00}, I formally submit this additional complaint which is also to be construed as a rebuttal : To : XXXX XXXX XXXX XXXX XXXX XXXX XXXX : CFPB Case # XXXX From : XXXX : XXXX Date : XX/XX/XXXX NOTICE OF FORMAL REBUTTAL AND DEMAND FOR FULL LEGAL COMPLIANCE Re : Ongoing Willful Violations of Federal Law and Unauthorized Credit Reporting To Whom It May Concern, This correspondence serves as a formal and final rebuttal to your letter dated XX/XX/XXXX, as well as a renewed demand for full legal compliance in connection with the XXXX account ending in XXXX, currently the subject of CFPB Case # XXXX. Your response was not only legally insufficient, but it constitutes continued willful noncompliance with federal law, actionable under the Fair Credit Reporting Act ( FCRA ), the Fair Debt Collection Practices Act ( FDCPA ), Truth in Lending Act ( TILA ), Uniform Commercial Code ( UCC ), Federal Trade Commission Act, 15 U.S.C. 1681-1692, and other applicable statutes and doctrines. 
1. Unauthorized Reporting Post-Revocation of Consent Your assertion that you are required to report accurate information is legally misleading. While FCRA 1681s-2 ( a ) allows creditors to furnish information, this right does not supersede the consumers revocation of authorization, especially when prior consent was clearly and lawfully withdrawn both verbally and in writing.

Under UCC 1-308, I reserved all rights without prejudice and imposed a lawful conditional fee of {$250000.00} per unauthorized furnishing of credit data. You continued to report after notice of revocation, making such reporting willful and unauthorized, subject to civil liability under 15 U.S.C. 1681n and 1681o.

You are not authorized under law to continue furnishing data once express withdrawal of consent has been communicated and acknowledged.

2. False and Misleading Reporting of Account Status You admit in your letter that the account was charged off on XX/XX/XXXX, yet also claim the account is still open and has been for 12 years and 5 months. This is a factual impossibility and a blatant violation of FCRA 1681s-2 ( a ) ( 1 ) ( A ), which prohibits the reporting of inaccurate information. 
The account was formally closed on XX/XX/XXXX. Any reporting suggesting continued delinquency or account activity after the closure date is both factually incorrect and materially misleading, thereby triggering multiple violations under the FCRA, FDCPA, and Section 5 of the FTC Act.

3. Failure to Honor Dispute Obligations You state that you have " previously received multiple credit bureau disputes, '' but fail to demonstrate compliance with FCRA 1681i, which obligates furnishers to investigate disputes thoroughly and remove inaccurate data within 30 days.

Your mere assertion that information is accurate without providing supporting documentation is not a valid FCRA investigation, and your failure to correct or remove information that was proven inaccurate is a violation of 1681s-2 ( b ). 
4. Prospectus, Privacy Statement, and SEC/FDIC Constraints Your reliance on a Cardmember Agreement does not shield you from statutory limitations. Your own Privacy Statement, in accordance with the Gramm-Leach-Bliley Act, confirms your duty to honor consumer preferences regarding information sharing. While you state that you ceased marketing disclosures as of XX/XX/XXXX, you continued to report to bureaus against written instructions, which is an internal contradiction and violation of Regulation P ( 12 CFR 1016 ).

Furthermore, your SEC-filed prospectus and public-facing compliance commitments do not authorize you to disregard lawful revocation of consent, nor do they allow for the manufacture of derogatory tradelines based on internal preferences. This creates investor risk and false disclosure under SEC Rule 10b-5.

5. Ultimatum for Lawful Remedy You are hereby placed on legal notice to remedy this matter in full within 10 business days of receipt of this letter. Specifically : DEMANDS : Cease and desist all reporting of this account to credit bureaus immediately.

Remove all derogatory and inaccurate data, including false late payments and misrepresented account status.

Remediate damages in the amount of {$250000.00} per reporting incident, as per the terms clearly communicated and not lawfully rebutted. 
Provide a written and notarized confirmation that XXXX will not resume reporting this account. 
Failure to comply will result in : A formal demand for enforcement to the CFPB and FTC ; Immediate initiation of federal claims under FCRA, FDCPA, TILA, and UCC in a competent jurisdiction ; Public complaint escalation to the Office of the Comptroller of the Currency ( OCC ) and state financial regulators ; A formal SEC whistleblower referral regarding false disclosures and policy contradictions ; 6. Summary for CFPB Filing XXXX XXXX XXXX has willfully continued to furnish unauthorized, inaccurate, and misleading credit information regarding a closed account, despite multiple formal revocations of authorization and legal notice. XXXX  reporting of activity beyond the accounts closure date, and its refusal to investigate or correct this data, constitutes willful violation of the Fair Credit Reporting Act ( FCRA ), the FDCPA, UCC 1-308, and related statutes. The company has misrepresented its legal authority and obligations, using deceptive and incomplete justifications in direct contradiction to federal law and its own public filings. I request immediate CFPB investigation, regulatory enforcement, and full monetary compensation per my conditional fee schedule, which XXXX has failed to rebut or lawfully refuse. 
All rights reserved. XXXX XXXX. Without prejudice. 
Respectfully, XXXX : XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX

Company response to consumer: Closed with non-monetary relief