Consumer complaint received 2023-05-10
Company: EQUIFAX, INC.
State: PA
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:
I have identified that there are XXXX accounts on my credit report that the XXXX credit reporting agencies Equifax, XXXX and XXXX have reported and furnished specific information for and I have not given consent to do so. The specific regulations that have been violated are listed below. Each agency should refer to the attached documentation for information on the specific accounts, related violations and the requested action for resolution. 

Laws that were violated are as follows : 1 ) 15 USC 1681d ( 2 ) ( A ) ( i ) - Definitions ( 2 ) EXCLUSIONS.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; person ( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.

2 ) Family Educational Rights to Privacy Act ( 20 USC 1232g ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph ( 1 ) of this subsection, unless ( A ) there is written consent from the students parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the students parents and the student if desired by the parents, or ( B ) except as provided in paragraph ( 1 ) ( J ), such information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution or agency, except when a parent is a party to a court proceeding involving child abuse and neglect ( as defined in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note ) ) or dependency matters, and the order is issued in the context of that proceeding, additional notice to the parent by the educational agency or institution is not required. 

( XXXX ) Nothing contained in this section shall preclude authorized representatives of ( A ) the Comptroller General of the United States, ( B ) the Secretary, or ( C ) State educational authorities from having access to student or other records which may be necessary in connection with the audit and evaluation of Federally-supported education programs, or in connection with the enforcement of the Federal legal requirements which relate to such programs : Provided, That except when collection of personally identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal requirements. 

( 4 ) ( A ) Each educational agency or institution shall maintain a record, kept with the education records of each student, which will indicate all individuals ( other than those specified in paragraph ( 1 ) ( A ) of this subsection ), agencies, or organizations which have requested or obtained access to a students education records maintained by such educational agency or institution, and which will indicate specifically the legitimate interest that each such person, agency, or organization has in obtaining this information. Such record of access shall be available only to parents, to the school official and his assistants who are responsible for the custody of such records, and to persons or organizations authorized in, and under the conditions of, clauses ( A ) and ( C ) of paragraph ( XXXX ) as a means of auditing the operation of the system. 

( B ) With respect to this subsection, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. If a third party outside the educational agency or institution permits access to information in violation of paragraph ( 2 ) ( A ), or fails to destroy information in violation of paragraph ( 1 ) ( F ), the educational agency or institution shall be prohibited from permitting access to information from education records to that third party for a period of not less than five years.

3 ) Charged Off Debt Law Canceled debt income, '' often called canceled or forgiven debt, is something anyone with unpaid debts which is not gifted should be concerned with. The IRS considers this income. This applies to debts OVER {$600.00}. 
4 ) 15 U.S. Code 1681b - Permissible purposes of consumer reports IN GENERAL Subject to subsection ( c ), any consumer reporting agency

may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18. ( 2 ) In accordance with the written instructions of the consumer to whom it relates. 5 ) Privacy Rule of 1974 22 CFR 1101.8 - Disclosure of records to third parties The Section will not disclose any information about an individual to any person other than the individual except in the following
instances : ( 1 ) Upon written request by the individual about whom the information is maintained ; ( 2 ) With prior written consent of the individual about whom the information is maintained ;

Company response to consumer: Closed with explanation