Consumer complaint received 2025-05-06 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: MI

Complaint narrative:
Subject : Formal Notice of Dispute : Unlawful Bankruptcy Reporting in Violation of FCRA, FDCPA, TILA, and Michigan Statutes Re : Improper Credit Furnishing of Bankruptcy Data To Whom It May Concern : I am writing to invoke my rights under federal and state consumer protection laws to formally dispute the unauthorized and unlawful furnishing of a bankruptcy record currently listed on my credit report. This filing, originating in the State of Michigan, is being reported without any permissible purpose as required by law, and without my lawful consent.

1. Absence of Permissible Purpose ( 15 U.S.C. 1681b ) Pursuant to the Fair Credit Reporting Act ( FCRA ), a consumer reporting agency may furnish a consumer report only for purposes enumerated under 15 U.S.C. 1681b. I hereby assert that no such permissible purpose exists for the reporting of this bankruptcy as it pertains to transactions which were either discharged, stayed, or otherwise legally extinguished under the Bankruptcy Code. The continued reporting of such derogatory informationabsent a permissible financial or legal nexusconstitutes a statutory violation.

2. Discharge Injunction Violation ( 11 U.S.C. 524 ( a ) ( 2 ) ) Pursuant to recent interpretations of 524 ( a ) ( 2 ) of the U.S. Bankruptcy Code, creditors and furnishers are barred from taking any action to collect or imply liability for a discharged debt, including the negative reporting of such debt to consumer reporting agencies. See XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ). The continued furnishing of post-discharge bankruptcy information implies a legally inaccurate indebtedness and violates the discharge injunction imposed by federal law. 

XXXX. Bankruptcy Administration Improvement Act & CARES Act Amendments As modified by the Bankruptcy Administration Improvement Act of XXXX and the CARES Act ( XXXX XXXX XXXXXXXX. XXXX ), which expanded debtor protections in response to economic volatility, including temporary relief for XXXX  XXXX and XXXX filers, furnishers must ensure all reported data conforms to these updated statutory safeguards. The furnishing of my bankruptcy status without applying these new standardsespecially if the debts in question are protected or deferred under CARES-based guidelinesconstitutes a knowing or reckless disregard for statutory compliance. 

XXXX. FDCPA Violations 15 U.S.C. 1692e & 1692f To the extent that this reporting may be construed as a means to enforce or imply the ongoing validity of a discharged debt, it further violates the Fair Debt Collection Practices Act. The misrepresentation of legal status ( i.e., a debt already discharged in bankruptcy ) under 1692e and the use of unfair or unconscionable means to communicate or enforce the obligation under 1692f may apply. 

XXXX. Truth in Lending Act ( TILA ) & Michigan Consumer Protection Act ( MCL 445.251 et seq. ) The Truth in Lending Act obligates lenders and furnishers to clearly, accurately, and lawfully disclose account and legal statuses. The misrepresentation of a discharged debt as active or included in bankruptcy outside the legally allowed context may further violate disclosure provisions. Additionally, under Michigans Consumer Protection Act, MCL 445.251 et seq., furnishing inaccurate or misleading financial information to third parties constitutes deceptive trade practice. 

XXXX. Absence of Affirmative, Written Consent There exists no signed authorization or written consent permitting the re-reporting or use of this bankruptcy data in a manner inconsistent with federal protections post-discharge. Michigan law and federal regulation require affirmative consent for dissemination outside core permissible uses ( e.g., court verification, government inquiry ), which has not been provided. 

Remedial Action Demanded : In light of the above, I demand the following within the timeframe required by 15 U.S.C. 1681i : Immediate deletion of the bankruptcy-related tradeline and any derivative reporting from my credit file ; Cease and desist from any future dissemination of this data absent lawful authority ; Written confirmation of deletion within 30 days as required by federal law ; A complete reinvestigation under the FCRA with documentary evidence supporting any continued reporting, should you seek to maintain it. 

This letter serves as both a notice of dispute and legal notice of noncompliance. Failure to take corrective action will constitute willful noncompliance under 15 U.S.C. 1681n and may subject your agency to civil liability, including actual and punitive damages, statutory penalties, and attorneys fees. 

Sincerely, XXXX XXXX XXXX, trustee

Company response to consumer: Closed with explanation