Consumer complaint received 2023-02-06
Company: EQUIFAX, INC.
State: NC
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:
Before I actually get into my complaint letter that I will upload to you I have to say a few extra details about my dealings with this company. First of all they repossessed my car AFTER I had already made an arrangement to pay my car note as I had moved and got a new job. I was forced to pay them XXXX dollars upfront to get my car out of the repossession status and my car note is actually {$520.00} a month. In addition to paying the XXXX XXXX XXXXXXXX to locate my car at a local pound as well as actually paying the pound. I missed 2 days of work trying to get my car back because the pound stated that they did not open until after XXXX and then to find out that I had to pay XXXX  first to get the car released wait 24 hours and then go back to the pound where my car was with a slip stating I had made said payment. As time went on I made the payments and I did have to make partial payments at time but with all the money I had to pay in that situation alone I always stayed behind. Moving forward to this past evening of XXXX XXXX XXXX I currently live in XXXX, XXXX  and they sent someone to my home without any notice to repossess my car yet again. I had to sit in my car and explain my rights to an aggressive man trying to take my car and in the end I had to pay him {$100.00} cash for him to put my car down even after showing him I had just made a XXXX dollar payment while sitting in my car. The man stated that he had to talk directly with the company to get a confirmation number even though I had it available to him on my phone in my hand! He also was blocking the driveway off from my neighbors causing more public embarrassment as people where trying to come home or leave for work! He said he would not move his truck until I got out of my car. Meanwhile I called XXXX XXXX 5 times on speaker phone selecting different options for them all to say that they were closed! How can you send someone to repossess a car and require them to call for payment but no one is available to verify? So if I didn't know my rights I would have made a payment and had my car taken on the same night all for me to go through what I did before when my car should not have been up for repossession anyways. My payments have been on autopay at {$150.00} a week since XXXX and now all of a sudden it is not on autopay. Furthermore I looked at the agreement and they made me pay a XXXX dollar down payment and also pay XXXX for a warranty I knew nothing about in addition to the actual cost of my car being {$19000.00} but the finance charge is {$15000.00} at 22.99 % APR!! This is very unfair practices now I will let my letter to XXXX, CFPB and the XXXX explain how this has affected my life and my family 's life XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX NOTICE TO AGENT IS NOTICE TO PRINCIPAL AND NOTICE TO PRINCIPAL IS NOTICE TO AGENT RE : ACCOUNT # XXXX ( XXXX XXXX XXXX ) RE : ACCOUNT # XXXX ( XXXX XXXX XXXX XXXX XXXX ) Make Of Car : XXXX Model : XXXX XXXX # : XXXX To Whom It May Concern : I recently obtained a copy of my credit report, due to me trying to obtain business capital for my business. I noticed some accounts on my consumer report that should not be there. I demand the below accounts be deleted from my consumer report immediately. The amounts reported are inaccurate and inaccurate to the agreement notice. Also this company has changed payment dates and amounts 3 times over 2 years. In the agreement the warranty that was not signed by me charged me illegally as well as the down payment being illegal and charged a finance charge that is almost equal to the value of the car which WAS at the time of purchase {$19000.00} and the finance charge which also was not disclosed at the time of purchase {$15.00}, XXXX ( 22.99 % APR ). Insurance was not included with this finance charge either I also pay {$360.00} a month for car insurance. They did not disclose to me my rights and I did not sign all of these things that have an electronic signature on them. 

ACCOUNT # XXXX ( XXXX XXXX XXXX ) ACCOUNT # XXXX ( XXXX XXXX XXXX XXXX XXXX ) The reporting of these accounts are violations of 15 USC 1681a, The Fair Credit Reporting Act.

[ 15 USC 1681 ( a ) ( 2 ) ( B ) ] : ( 2 ) Exclusions.- Except as provided in paragraph ( 3 ), the term consumer report does not include- ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; So, let me explain. Under the Truth in Lending Act 15 USC 1602 ( g ), credit card is defined as the following : The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor or services on credit. This makes my social security card, drivers license/ID, and license plate credit cards that are/were used for the extension of credit. 

I am writing in regard to the above- referenced accounts and transactions. This vehicle was purchased at XXXX XXXX XXXX XXXX XXXX on XXXX XXXX XXXX 

I have also been informed from the Federal Trade Commission ( FTC ) more specifically the Gramm-Leach-Bliley Act 15 USC 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. 
XXXX XXXX XXXX XXXX XXXX did not disclose this information to me that is required by federal law. XXXX XXXX XXXX XXXX XXXX. Knowingly and willfully withheld pertinent information regarding the disclosure of my information to affiliated and unafilliated third parties. XXXX XXXX XXXX XXXX XXXX knowingly and willfully withheld information that explained how I the consumer can exercise that nondisclosure option. 
You are in violations of several federal laws. You have 10 calendar days from the receipt of this letter to delete this account from all credit reporting agencies that you have furnished this information to along with all my consumer reports that this information is on. 
Should you decide to discriminate against me for future business and or product because I exercised my rights under this or any chapter. I will come after you for damages and I will use the contents of this correspondence as proof of such decision. 
15 USC 1691 a ( 3 ) ( a ) ACTIVITIES CONSTITUTING DISCRIMINATION It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction- ( 1 ) On the basis of race, color, religion, national origin, XXXX or marital status., or age ( provided the applicant has the capacity to contract ) ; ( 2 ) Because all or part of the applicants income derives from any public assistance program ; or ( 3 ) Because the applicant has in good faith exercised any right under this chapter. 

Best Regards, XXXX XXXX XXXX

Company response to consumer: Closed with explanation