Consumer complaint received 2025-01-27 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: EQUIFAX, INC.
State: GA

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX XXXX XX/XX/XXXX Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX, IA XXXX Re : Complaint ID # XXXX Credit Reporting Violation and Improper Investigation by Equifax Dear CFPB, I am writing to formally dispute the response provided by Equifax regarding the complaint XXXX initially filed on XX/XX/XXXX, referenced by Complaint ID # XXXX. Despite my request for a proper investigation, Equifax has failed to appropriately investigate and remove the charged-off accounts from my consumer credit report. This constitutes a violation of the Fair Credit Reporting Act ( FCRA ). I am seeking your assistance in this matter, as XXXX investigation did not address the specific violations outlined in my original complaint. 

Issue : Improper Reporting of Charged-Off Accounts Both XXXX XXXX and XXXX XXXX have been reporting charged-off accounts to Equifax, which I believe violates the FCRA. According to 15 U.S.C. 1601 ( Truth in Lending Act ), charged-off accounts are considered income under the Internal Revenue Code ( IRC ). Specifically, under IRC Section 61 ( a ) ( 12 ), any discharge of indebtedness is treated as income. Charged-off accounts should not be reported on a consumers credit report because income is not a reportable item on consumer credit files. 

Despite this clear legal distinction, Equifax continues to report these charged-off accounts as delinquent debts instead of recognizing them as forgiven or canceled income. This misrepresentation damages my creditworthiness and violates my rights under the FCRA. Additionally, XXXX continued reporting without properly investigating my dispute is a direct violation of their obligations under the FCRA, which mandates that consumer reporting agencies fully and accurately investigate all disputes in a timely manner. 

Equifaxs Response Lacks a Legitimate Investigation On XX/XX/XXXX, Equifax closed my complaint and provided an explanation reiterating their initial position, without addressing the legal concerns I raised. Their response focused on procedural details, such as contacting the furnishers of the data, but failed to acknowledge the core legal issue regarding the unlawful reporting of discharged debts as charged-off debts on my credit report. 

I have provided ample documentation, including references to the relevant sections of U.S. Code, to support my claim that charged-off accounts can not legally be reported on consumer credit reports. XXXX failure to correct my credit report constitutes a violation of the FCRA and continues to harm my ability to secure credit on fair and reasonable terms. 

Request for Immediate Action I am requesting that the CFPB require Equifax to : -Conduct a thorough investigation into the reported charged-off accounts from XXXX XXXX and XXXX XXXX, including recognizing that the discharge of indebtedness is considered income and should not appear on my credit report. 
-Remove the charged-off accounts from my credit file as they are being illegally reported in violation of the FCRA. 
-Provide a detailed written explanation outlining the steps taken to ensure compliance with the law and the specific reasons for any continued reporting of the charged-off accounts if they refuse to remove them. 

I have enclosed the relevant documentation, including a copy of my most recent credit reports. 

Thank you for your attention to this matter. I trust that the CFPB will take swift and appropriate action to resolve this issue and ensure that my rights under the law are upheld. 

Sincerely, XXXX XXXX XXXX

Company response to consumer: Closed with non-monetary relief