Consumer complaint received 2023-12-18
Company: EQUIFAX, INC.
State: PA
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:
XXXX To whom it may concern, I am writing to bring to your attention a violation of 15 U.S. Code 6802 by XXXX XXXX XXXX XXXX. It has come to my attention that XXXX XXXX XXXX XXXX failed to fulfill three important disclosures outlined in the law. Firstly, they did not inform me, the consumer, that the information reported would be disclosed to third-party non-affiliate consumer reporting agencies such as XXXX, Equifax, and XXXX. Secondly, XXXX XXXX XXXX XXXX did not provide me with an opportunity to direct that such information not be disclosed. Lastly, XXXX XXXX XXXX XXXX did not explain to me, as the consumer, how I could exercise the nondisclosure option. 

According to 15 U.S. Code 6802, the failure to provide all three of these disclosures constitutes a direct violation of the law, granting me the right to exercise opting out. Since all three disclosures were not met, I am hereby demanding to OPT OUT of having my information reported. Furthermore, I am requesting that the reporting information regarding the said account be DELETED AND REMOVED from my consumer report ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) In addition, XXXX XXXX terms and conditions explicitly state that they will not share my information with non-affiliates. Equifax, XXXX, and XXXX are not affiliates of XXXX XXXX XXXX XXXX, nor are they bureaus as defined by federal law. The only true credit bureau is the CFPB, which, as stated in federal law, does not furnish consumer reports. 

Any and all consent given to XXXX XXXX XXXX XXXX whether verbal, non-verbal, written, implied, or otherwise, is hereby revoked. 
According to 15 USC 6802 ( b ) ( c ), A financial institution may not disclose nonpublic personal information to a non-affiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. In this case, XXXX XXXX XXXX XXXX never informed me of my right to exercise my nondisclosure option. Furthermore, 15 USC 1681C ( a ) ( 5 ) states that Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. The account being reported without my permission falls under the category of an adverse item, which is against the law.

Moreover, 15 U.S. Code 1681s2 ( A ) ( 1 ) A states that A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Additionally, 15 U.S. Code 1681e states that Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. It is evident that XXXX XXXX XXXX XXXX is not maintaining reasonable procedures. 

Lastly, according to 12 CFR 1016.7, A consumer may exercise the right to opt out at any time. 

According to the Privacy Act of 1974 It prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to XXXX of XXXX statutory exceptions. The Act also provides individuals with a means by which to seek access to and amendment of their records, and sets forth various agency record-keeping requirements Therefore, I am officially opting out of XXXX XXXX  XXXX XXXX reporting services. It is important to note that any addition to my report without my written consent could be considered identity theft, as outlined in 15 U.S. Code 1681c2. 

Thank you for your attention to this matter. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with non-monetary relief