Consumer complaint received 2022-11-07
Company: EQUIFAX, INC.
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Improper use of your report
Sub-issue: Reporting company used your report improperly

Complaint:
On XX/XX/2022 i received a derogatory mark on my credit report from XXXX, equifax and XXXX regarding a late payment from a XXXX account. I then proceeded to call the bank and the credit reporting agencies but was led nowhere regarding the situation. I then mailed out a letter on XX/XX/2022 and XX/XX/2022 to both the lender and reporting agencies letting them know they were in violation of my consumer rights. They've only updated the account since then and no further action was taken place. 

15 USC 1681a ( 2 ) ( a ) ( i ) and 15 USC 1681b ( a ) ( 2 ).

( 2 ) Exclusions. - Except as provided in paragraph ( 3 ), the term consumer report does not include ( a ) Subject to section 1681s-3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report.Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : In accordance with written instructions of the consumer to whom it relates.

I didnt not give this company written instructions to furnish anything to my consumer report, let alone Late payments. I did not authorize or grant verbal or written permission for them to report my personal information.

I also did not receive the option to opt out from consumer reporting. Companies are suppose to give you the option to opt out from credit reporting. I wasn't properly informed of my rights nor wasn't told about my option to opt out of credit reporting prior to the end of the 30 day period. They are suppose to tell me this before the item is reported. They are suppose to provide me with clear and conspicuous documentation that gives me a clear overview of what my rights is in terms of credit reporting.

15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.

( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

Company response to consumer: Closed with explanation