Credit reporting or other personal consumer reports -- Improper use of your report -- Complaint #8051577

Complaint Overview

Complaint ID: 8051577

Company: Equifax, INC.

Product: Credit reporting or other personal consumer reports

Sub-Product: Credit reporting

Issue: Improper use of your report

Sub-Issue: Reporting company used your report improperly

State: Tennessee

ZIP Code: 38125

Date Received: 2023-12-23T12:00:00-05:00

Date Sent to Company: 2023-12-23T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

EQUIFAX HAS BEEN AVOIDING THE PROVIDED PROOF OF DOCUMENATION THAT WERE SUPPOSED TO BE PROVIDED. THEY HAVE FAILED TO PROVIDE. SECTION 1637 ( THE PERIODIC STATMENT ) ( CERTIFIED MAILED ). I DID NOT ASK THEM TO UPDATE NOR VERIFY ANYTHING. THEY ARE STILL AVODING OF WHAT I ASK. THEY FAILED TO PROVIDE THE INFORMATION.THIS HAS BEEN WELL OVER 60 DAYS EQUIFAX HAD MORE THAN ENOUGH TIME TO SEND THE DOCUMENTATION. THESE DEBT COLLETCTORS ENGAGED IN ABUSIVE, DECEPTIVE, AND UNFAIR PRACTICES OF THE FDCPA WHICH PROHIBTS, THEY FURNISHED THESE ACCOUNTS ACCOUNTS THAT WE DIDN'T SIGN AN AGREEMENT ON A LEGAL CONTRACT IS SIGNED BY TWO PARTIES AND I DID NOT PARTICPATE IN ANY OF IT. MORE SO THEY DIDN'T FOLLOW THE PROPER 5 STEPS VALIDATION PROCEDURES WHICH MAKE THIS UNFAIR PRACTICES. ACCORDING TO THE FDCPA IM ENTITLED TO XXXX DOLLARS PER VIOLATION AND CLEARLY THEY VIOLATED MY RIGHTS. 15 U.S.C. 1681 STATES I HAVE THE RIGHTS OF PRIVACY. 15 U.S.C. 1681 SECTION 604 ; IT ALSO STATES A CONSUMER REPORTING AGENCY CAN NOT FUNISH ACCOUNT WITHOUT MY WRITTEN INSTRUCTION. You [ EQUIFAX replied that the alleged transaction you furnished as late was { accurate/ verified } choose the response they used } ] but my previous dispute did not ask you for accuracy or validation. ( EQUIFAX } reported an alleged transaction as Late. 15 U.S. Code 1666b - Timing of payments- ( a ) TIME TO MAKE PAYMENTS Acreditormay not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless thecreditorhas adopted reasonable procedures designed to ensure that each periodic statement including the information required bysection 1637 ( b ) of this titleis mailed or delivered to the consumer not later than 21 days before the payment due date. 15 USC 1681e ( b ) - ( b ) ACCURACY OF REPORT-I requested the information that you must have or possess by law in order for you to report a payment as late. This is being request pursuant rule 1002. In other words, to properly report information as verified, the furnisher must have sufficient evidence to support the conclusion that the information was true, and in doing this the conditions required by 15 USC 1666b must be met. 15 U.S. Code 1681i - Procedure in case of disputed accuracy ( a ) REINVESTIGATIONS OF DISPUTED INFORMATION ( 1 ) REINVESTIGATION REQUIRED ( A ) In general- Subject to subsection ( f ) and except as provided in subsection ( g ), if the completeness or accuracy of any item of information contained in aconsumersfileat aconsumer reporting agencyis disputed by theconsumerand theconsumernotifies the agency directly, or indirectly through areseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate andrecordthe current status of the disputed information, or WHICH THE AGENCY RECIEVES THE NOTICE OF THE DISPUTES FROM THECONSUMERorRESELLER. DELETE THE ITEM FROM THE FILE IN ACCORDANCE with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from theconsumerorreseller. Importantly, a furnishers inability to conclusively determine that the disputed information is inaccurate does not mean that the furnisher is permitted to report back to the consumer reporting agency that its investigation verified the accuracy of that information. Instead, if the evidence available to the furnisher is insufficient to establish the truth or falsity of the disputed information, then, under the statutory framework, the furnisher must report that its investigation concluded that the disputed information can not be verified. XXXX, XXXX XXXX at XXXX. So, for example, if a furnisher is unable to verify that a consumer missed a payment, then it may be appropriate for the furnisher to delete any mentions of the missed payment while continuing to report other information about the account. I am requesting pursuant 15 USC 1681i ( 6 ) NOTICE OF RESULTS OF REINVESTIGATION ( B ) Contents ( iii ) a notice that, if requested by theconsumer, a description of the procedure used to determine the accuracy and completeness of the information shall be provided to theconsumerby the agency, including the business name and address of any furnisher of information contacted in connection with such information and the telephone number of such furnisher. when disputed information can not be verified is to delete that information. In particular, Section 1681i outlines consumer reporting agencies responsibilities in responding to consumers disputes and, like Section 1681s-2 ( b ), provides that when a disputed item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency must delete or modify it as appropriate, based on the results of the reinvestigation. 15 U.S.C. 1681i ( a ) ( 5 ) ( A ). Section 1681i goes on to provide that, [ f ] ollowing any deletion of information which is found to be inaccurate or whose accuracy can no longer be verified, the consumer reporting agency must in some circumstances notify certain people who previously received a report with the now-deleted information. That provision thus contemplates that when information can no longer be verified, the proper response is to delet [ e ] it. See XXXX, XXXX XXXX at XXXX DELETE THESE ACCOUNTS ( XXXX ) ( XXXX XXXX )

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