Consumer complaint received 2023-12-18
Company: EQUIFAX, INC.
State: NJ
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

Complaint:
CORRECTED VERSION FROM PREVIOUSLY SENT COMPLAINT It has come to my attention that XXXX XXXX XXXX XXXX, an affiliate of XXXX XXXX XXXX is currently in violation of The Privacy Act of 1974 which states : No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains [ subject to 12 exceptions ]. 5 U.S.C. 552a ( b ). 

XXXX XXXX XXXX XXXX, an affiliate of XXXX XXXX XXXX has been in violation of the Acts, stated herein and has been regularly reporting negative activity without my consent, and has caused irreparable harm and injuries to me since about XXXX of the year XXXX in violation of the abovementioned Act and as stated in 15 U.S. Code 6801 - Protection of nonpublic personal information which states : ( a ) Privacy obligation policy - It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.

( b ) Financial institutions safeguards - In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.

In addition to 15 U.S. Code See Also 6805 Enforcement ( a ) WHICH STATES THAT : Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, and ( b ) ENFORCEMENT OF SECTION 6801 ( 1 ) Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau of Consumer Financial Protection, shall implement the standards prescribed under section 6801 ( b ) of this title in the same manner, to the extent practicable, as standards prescribed pursuant to section 1831p1 ( a ) of title 12 are implemented pursuant to such section. Therefore, it is within the jurisdiction of the Consumer Financial Protection Bureau ( CFPB ) to enforce this/these Act ( s ) to ensure the protections of all consumers.

SEE ALSO 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information under : ( a ) Notice requirements which states : 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.

According to 16 CFR 313.7 - Form of opt out notice to consumers ; opt out methods. ( e ) Time to comply with opt out. Which states that : You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it., and 16 CFR 313.7 ( f ) Continuing right to opt out, which also states that A consumer may exercise the right to opt out at any time, and 16 CFR 313.7 ( g ) Duration of consumer 's opt out direction.

( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically.

( 2 ) When a customer relationship terminates, the customer 's opt out direction continues to apply to the nonpublic personal information that you collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with you, the opt out direction that applied to the former relationship does not apply to the new relationship.

15 U.S. Code 1681b - Permissible purposes of consumer reports ( a ) Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates.

As stated herein, as well as the enclosed letter which clearly signifies my right to opt out as stated in 6802 ( 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. XXXX XXXX XXXX XXXX, an affiliate of XXXX XXXX XXXX has never disclosed this information to enable me as the consumer the opportunity to exercise the abovementioned Opt out rights afforded to me. 

XXXX XXXX XXXX XXXX, an affiliate of XXXX XXXX XXXX ultimately sold/referred the debt to XXXX XXXX XXXX XXXX ( see enclosed exhibit LB5 ) but still continued/continues to report the above-mentioned account as CHARGED OFF to all of the major credit reporting agencies, despite the fact the account has been paid in full. ( See Exhibits ML-1 & ML-2 ). This ongoing negative reporting is causing irreparable injury, embarrassment, emotional damage, stress and humiliation to me and my family by being denied of loans, lines of credit and my ability to prosperously move forward financially in life by their violations of the laws stated herein. It has also come to my awareness that a CHARGE OFF is also considered as Certificate of Indebtedness ( COI ) which means that it considered as Income and must be removed from all credit reports. It is also illegal to report any negative transaction history to the major credit reporting agencies which XXXX XXXX XXXX XXXX, an affiliate of XXXX XXXX XXXX has in the past and continues to illegally report to this day. 

17 CFR 248.7 - Form of opt out notice to consumers ; opt out methods ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 248.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right.

16 CFR 313.7 - Form of opt out notice to consumers ; opt out methods.

( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose non-public personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. 

It is for the reasons stated herein and the protection of my rights as a consumer is why I am entitled to the remedy and relief sought in the form of XXXX XXXX XXXX XXXX, an affiliate of XXXX XXXX XXXX correcting the record by removing all negative reporting, and negative credit history from any and all credit reporting agencies records, including but not limited to Equifax, XXXX, XXXX, and financial compensation for the violations committed which has caused irreparable harm, embarrassment, humiliation, mental anguish and undue financial hardships committed against me for which compensation in the amount of {$50000.00} ( XXXX XXXX USD ) should be granted in my favor.

Company response to consumer: Closed with explanation