Consumer complaint received 2023-06-07
Company: EQUIFAX, INC.
State: MI
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:
ALL of the CRAs and it my understanding that the CFPB will be forwarding ALL this inaccurate information which the CRAs continue to place onto my credit report. 

I have tried to resolve this matter several times but to no avail. The CRAs and Creditor continue to report inaccurate information on my credit report. CRAs and Creditors are using my nonpublic information without my consent. I have not given you permission to access my Consumer Report and nobody have no permissible purpose by law to contact third parties with my private or personal information. Your offenses amount to Aggravated Identity Theft pursuant to 18 U.S.C. 1028A. You have knowingly transferred, possessed, or used, without lawful authority, a means of identification of me, which is a felony punishable with up to 2 years of imprisonment. 
According to 15 USC 1681a - FCRA Congress has made it very clear that there are some things that should not be reporting on my Consumer Report. 
1

5 U.S. Code 1681a Definitions ; rules of construction ( d ) Consumer Report ( 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 ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; *The transactions are between me and the company. The person making the report is the company. Because they are defined as the person as the corporation. Right? But where does the transaction go? When you go to apply for a loan, thats a transaction. If the company is reporting me 30 days late, isnt that a transaction? Isnt that an experience? If theres a charge off on my report isnt that an experience. If a have a collection account on my consumer report isnt that an experience or transaction? The answer is YES!!!!

Creditors failed to disclose vital information from me, and this is a violation. Per 16 CFR 433.2 Preservation of consumers claim and defenses, unfair or deceptive acts or practices.

In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

[ 40 FR 53506, Nov. 18, 1975 ; 40 FR 58131, Dec. 15, 1975 ] The Credit Bureaus did not conduct a proper " investigation '' according to the FCRA 15 USC 1681 which is a Violation. This was never done!! The CRAs are supposed to notify me of who they interviewed after the investigation is over. Just like the FBI conducts interviews of your neighbors request information concerning me meaning investigative consumer report this is what suppose to be done but never is.

( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer.

15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.

( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.

( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.

( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter.

15 U.S. Code 1681c-2 Block of Information resulting from Identity Theft On numerous occasions tried to resolve this issue with CRAs but to no avail. These entities did not have my consent to share my nonpublic information. Per 15 USC 6802 Obligations with respect to disclosures of personal information. I was never given Notice from these entities that my nonpublic personal information would be disclose to nonaffiliated third party. Also, these entities did not clearly and conspicuously disclose to me in writing or in electronic form. I was never provided their company policies of the disclose and collection of my nonpublic information.

I have identified these items circled in RED ink as a result of Identity Theft using my nonpublic information without my consent is Identity Theft.

When I have requested these accounts be Blocked and Deleted I received respond from the CRA stating ( A ) the information was blocked in error or a block was requested by the consumer in error ; The CRAs cant speak for me and it wasnt in error I have provided the Law of the violation.

( B ) the information was blocked, or a block was requested by the consumer, on the basis of a material misrepresentation of fact by the consumer relevant to the request to block ; or. Where is the evidence or material misrepresentation Provide my with Proof The CRAs are only proving words that not proofing anything and theyre violating my Rights.

( C ) the consumer obtained possession of goods, services, or money as a result of the blocked transaction or transactions. The CRAs doesnt have first-hand knowledge of anything and their making False Claims 15 U.S. Code 1681e - Compliance procedures ( a ) Identity and purposes of credit users 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. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title.

( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

CRAs are not respecting consumers Right to Privacy and they have GRAVE responsibility and assume a Vital role in assembling and evaluating consumer credit and other information on consumers. I have lost confidence in the system because the system isnt working for me. The CRAs and Creditors are constantly violating my rights to Privacy.

I never gave Permission 4 Day Block and Remove method No Consent equal Identity Theft I have a Right to Privacy the Gramm-Leach-Bliley Act ( GLBA ) requires financial institutions to safeguard the confidentiality of customer information. Under the GLBA, financial institutions must deliver notices to customers regarding the collection and information sharing policies; providing customers with the choice to opt-out if they do not want their information shared with nonaffiliated third parties. 15 U.S.C. 6802 ( b ), ( e ) ( 2012 ).

If any Creditor state, they had my consent please sign have the entity to sign an AFFIDAVIT under the penalty of perjury.

CRA 's continue to report inaccurate information on my credit report when they are supposed to ensure information on my report is 100 % accurate according to FCRA. CRA 's comes back and state account " VERIFIED '' they are taking the Creditor word instead of conducting their own independent investigation outside of the investigation being completed by the Creditor or Debt Collector. So, the CRA is not supposed to reply on the information being supplied by the furnisher.

My credit report states the facts of all inaccurate information thats circled in red ink. The CRAs are not in compliance and violating the FCRA. The CRAs are committing ID THEFT by continue to report old addresses which are not my current address where I reside.

I DONT CONSENT TO e-Oscar VERIFICATION!

REMAINING QUESTIONS OF FACT 1. Whether the creditor complied with the Truth in Truth Lending Act, which is mandatory for enforcement of a credit card agreement 2. Whether the creditor clearly and conspicuously disclose to consumer, in writing or electronic form or other permitted by the regulations prescribed under section 6804, that such information may be disclosed to third parties 3. Whether the creditor provided in writing to consumer that his/her private, personal nonpublic information would be shared, sold and distributed to nonaffiliates third parties 4. Whether the creditor disclosure their company privacy policies to consumer in writing at the time of establishing a customer relationship.

These are ALL Violations of Truth in Lending

Company response to consumer: Closed with non-monetary relief