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Equifax Information Services, Bank of America and General Motors Financial Company have been hit with a class action lawsuit from a consumer who claims she is a victim of inaccurate credit reporting by Equifax.
Plaintiff Bella Rabinowitv says she disputed an inaccurate item associated with Bank of America and GM Financial that appeared on her Equifax credit report on Nov. 6, 2019.
Equifax reportedly told Rabinowitv that they would investigate the dispute but failed to resolve it, so she filed a statement of dispute with the company.
The plaintiff then obtained another credit report in December 2019, and saw that Equifax had not included her statement of dispute on her updated credit report.
The Equifax class action lawsuit states that Equifax then issued consumer reports without telling the users of the reports that certain information was disputed by the plaintiff and did not include a copy of the plaintiff’s statement of dispute.
“Equifax Information Services, LLC intentionally failed to include the statement of dispute with later copies of the Plaintiff’s consumer reports,” the Equifax class action lawsuit claims.
Rabinowitv alleges that the statement of dispute letter was sent after her request for a reinvestigation displayed “no change” in the status of her credit report account.
The plaintiff says the defendants have violated the Fair Credit Reporting Act (FCRA) as she disputes the accuracy of the information on her credit file.
“Despite having furnished information from Bank of America Corporation and GM Financial and the disputes from the Plaintiff, Equifax Information Services, LLC has completely abdicated its obligations under federal and state law and has instead chosen to merely ‘parrot’ whatever its customers, Bank of America Corporation and GM Financial have chosen to say,” alleges the Equifax class action lawsuit.
The plaintiff also claims that Bank of America and GM Financial have promised to update their accounts based on the statement of dispute but have “willfully, maliciously, recklessly, wantonly, and/or negligently failed” to follow this requirement, as well as the requirements put forth by the FCRA.
The Equifax class action alleges that a furnisher is liable for its failure to participate in the investigation after it receives notice from the credit reporting agency (CRA) of the consumer’s dispute. In addition, the class action lawsuit states that a failure of the CRA to send the dispute to the furnisher would relieve the furnisher of its obligations.
“Any furnisher who negligently fails to comply with any of its investigation duties is liable to the consumer for actual damages, the costs of litigation, and attorney fees. If the violation is willful, the furnisher is liable for actual damages or minimum statutory damages between $100 and $1000, for punitive damages, as well as for costs and attorney fees,” the Equifax class action lawsuit states.
Have you had any disputes with Equifax Information Services? Let us know in the comment section below.
The plaintiff is represented by Adam J. Fishbein of Adam J. Fishbein PC.
The Equifax Credit Report Class Action Lawsuit is Rabinowitv v. Equifax Information Services LLC, et al., Case No. 1:20-cv-00496, in the U.S. District Court for the Eastern District of New York.
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610 thoughts onEquifax Class Action Alleges Inaccurate Credit Report
I have been disputing my credit inaccuracies with Equifax for months. One case is an old utility bill reported by a third party company Arrgon ( don’t know who they are) the account was closed 2 years ago, I have provided docs showing the account closed from the utility company but Equifax refuses to provide any original docs & continue to report the account as open. Please add me to the class action lawsuit. I have all documents to prove Equifax unfair practices. Ty
Pulled my credit report and was surprised to see that I had a derogatory mark on Equifax.
I knew it was inaccurate, so I opened up a dispute. After a few months pass, I receive a notification via email that a determination was made.
I tried to sign into my account to see what the determination was.
No luck, I was denied access due to their online system saying my account with them didn’t exist. Huh. I called them to see what gives.
After going through the normal annoying automated system we all so love, I finally get a hold of a person, explain what the issue is and he gets me into my account, (*note- no explanation or apology on what the problem was that caused my account to disappear in the first place).
Since, I now had a rep on the line and didn’t want to risk disappearing from their system again, I asked if he could assist by giving me the resolution determination? He looked it up and said that it was determined that I was responsible for the debt. Fabulous. I was baffled on how they determined this since I knew it wasn’t correct. The rep states, “the (medical) company sent in evidence”. Now, I’m concerned that someone is possibly passing themselves off to be me on a medical claim. I request to see the proof that was provided to them, he answers, “they couldn’t provide that to me because they didn’t have access to that, but not to worry because I could just file another dispute in 7 days”. I’m like this makes ZERO cents. How do you not have access to this? There has got to be someone that does have access and can provide that evidence to me. He continued to repeat “that I could just wait 7 days and again dispute”. I thanked him again for stating that option and again asked for the number of someone that could provide me with further details on this so called “proof. He finally gives me a contact. I hang up and call the number and it’s not in service. Great. Okay, I’m thinking I must have mistakenly wrote the wrong number down. I call back. I go through the entire issue about the dispute with the new rep and he laughs and tells me “he didn’t want me to waste anymore of my time and would not give me a number to a different department because the company doesn’t have one and further more, the guy that gave me the prior number had purposely given me a fake number”. Lovely.
– Please add me to the suit.
Yes, Equifax has failed to remove items and notes of dispute on my credit more than once.
I’ve been trying to correct info on my crddit for a long time. The collections accounts don’t have my correct name, nor my correct addresses. I’ve furnished government ID’s and identity theft affidavits for every fraudulent item on my credit, but they remain.experian simply says “consumer disagrees, creditor verified information”. But when I call those same creditors the address, the name, all the info is incorrect. I feel like I’m just being played with in some perverted game.
I have sent several letters concerning inaccurate reporting. I’ve also requested methods of verification but I did not get a response.
Equifax hasn’t removed or changed comments on my report. We were delayed almost a year buying a house because we couldn’t get them to release credit score information all together. Wasn’t until I contacted them numerous times, having to threaten with a lawyer were we able to get information.
I have sent many disputes to Equifax Canada and they never respond. I send proof of paid accounts but Equifax Canada just ignores my disputes.
I would like to join the lawsuit if I am eligible
Add me..
I have written to Equifax,TransUnion mainly because I have been disputing my reports and want it updated….it hasn’t. I have paid my bills and wrote to them about this without success. Equifax is the lowest of them all. I’m trying to get a new life and loan for a new home…but only Experian has posted some correct things. They are fast to post negative…like inquiries and so on…but I’m a month ahead in my car payment, paid most of my accounts down to 30% except @2… Waiting, waiting n waiting. I went thru a lot…was told I was going to die in 6 months from lung, stomach cancer…But DR. was wrong…I have thyroid problem… I had an affib, gallbladder out, new diabetic… Im living! Just need my credit reports to get corrected so I can better my life. Why are they doing this to me and delaying …haven’t I suffered enough?? Help me get my reports corrected so I can get a new place, new life.
I’m having a problem with a mortgage lender getting access to my Equifax credit file which is not allowing me to have a competitive mortgage rate. I’ve tried calling numerous times and the customer service team says they don’t know why. I provide an Equifax generated error code and they say they don’t know what that code means. I’m losing money because of this.
Add me. Been 6 months and they haven’t responded on my dispute.
Add me. Ive been trying to remove an inaccurate Verizon debt on my credit to no avail