This action for damages is based on Equifax’s false reporting on customers credit file and/or consumer reports, failures to follow reasonable procedures to assure maximum possible accuracy of the information concerning Plaintiff (customers), and failures to conduct reasonable reinvestigations with respect to such information.
As a result of Defendants’ (Equifax) willful actions and omissions, Plaintiff is eligible for statutory damages. Additionally, as a result of Defendants’ actions and omissions, Plaintiff has suffered actual damages, including out-of-pocket expenses in challenging Defendants’ wrongful representations regarding the Loan, as well as frustration, worry, and aggravation resulting from such false and misleading representations. Moreover, as a result of the actions and omissions of Defendants, Plaintiff’s actual damages also include the illegitimate suppression of his Fair Isaac Corporation (“FICO”) credit score and other credit rating model scores. Moreover, their failure to correct and clear the inaccuracies in Plaintiff’s Equifax report creates a material risk of financial harm to Plaintiff stemming from the decreased perception of Plaintiff’s credit-worthiness.
VIOLATIONS OF THE FAIR CREDIT REPORTING ACT 15 U.S.C. §§ 1681e(b) and 1681i (Equifax):
Equifax is responsible for following reasonable procedures to assure maximum possible accuracy of information whenever it prepares consumer reports.
Equifax’s duty under 15 U.S.C. § 1681e(b) extends to reinvestigation reports and consumer disclosures.
Pursuant to 15 U.S.C. § 1681i(a)(1)(A), Equifax had an affirmative duty to independently investigate the disputes submitted by Plaintiff.
Pursuant to 15 U.S.C. § 1681i(a)(2), Equifax was required to communicate the specifics of Plaintiff’s disputes to whom was being disputed.
A consumer reporting agency’s reasonable reinvestigation must be a good faith effort to ascertain the truth; a reasonable reinvestigation must answer the substance of the consumer’s dispute, and may not merely be a pro forma record review that simply begs the question.
From Equifax Webpage:
For inaccuracies in your credit history:
If you believe that any item of information contained in your credit file is incomplete or inaccurate and notify us directly, we will investigate the item free of charge. Based on the result of the investigation, we will either update the current status of the disputed information (which may include letting you know if the furnisher of the information verified it was reporting correctly) or delete the item from your file.
Save time and initiate an investigation through our easy-to-useOnline Dispute website.
Click here to dispute:
You could also choose to write at:
Equifax Information Services, LLC
P.O. Box 740256
Atlanta, GA 30374
Please note, when you provide documents, including a letter, to Equifax as part of your dispute, the documents may be submitted to one or more companies whose information are the subject of your dispute.
Please note that the results of the investigation will be mailed to you, however if an email address is provided in your written correspondence a link will be emailed to you that will allow you to view the results of the investigation online. We will notify you of the results of the investigation within 30 days of your request.
If you find an inaccuracy with one credit reporting agency, you may want to get your credit file from the other two agencies to see if their files contain the same error.