Consumer complaint received 2023-06-22
Company: EQUIFAX, INC.
State: CO
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, XXXX XXXX XXXX, am filing this complaint with the Consumer Financial Protection Bureau to assure that the rights granted to me under the Fair Credit Reporting Act ( FCRA ) 15 U.S. code 16811681f are fully enforced. I assert that the creditor ( XXXX ( XXXX, XXXX XXXX ) ) and reporting agencies ( XXXX, EQUIFAX ) have directly violated the provisions of the FCRA by the specifics of each instance of violation are outlined below, along with specific citations of Title 15 of USC Code, 1681 and 6802, as well as 12 CFR where I believe my rights have been violated. I will also provide a PDF file of this text, in the supporting documents section, for greater clarity and clearer formatting. 

As a consumer, I have suffered from the negative, deleterious effects of these infractions and I hence request punitive damages and reparations be provided to me to remunerate my losses, which I will summarize in an attached PDF file, titled CFPB Consumer Finance Protection Bureau-XXXX XXXX ( This Document ) ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ According to the Fair Credit Reporting Act 15 U.S. Code 1681 - XXXX  XXXX XXXX XXXX  XXXX 1681 Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting ( 4 ) states : 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. 
My assertion is that they have violated this by the detailed issues/violations set forth in the following : ISSUE VIOLATION ( 1 ) 15 U.S. Code 1681 - Congressional findings and statement of purpose ( b ) Reasonable procedures states : 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. 

My assertion is that their process has in no way been fair and equitable to me, the consumer, specifically with regard to the confidentiality, for these items are now a matter of public record, without my prior knowledge or agreement. 

15 U.S. Code 1681 : This represents 1 violation per each of the 3 reporting agencies Equifax, XXXX, and XXXX ( 3 total ) ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ISSUE VIOLATION ( 2 ) Equifax, XXXX, and XXXX XXXX are consumer reporting agencies and I am the Consumer. I assert that I have the right to have assurance that my private information is not shared- which is backed by : 15 USC 6801 ( a ) Privacy obligation policy which states : 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. 
It is also backed by Privacy Act of 1974 ( 5 U.S. Code 552a ) Records maintained on individuals which states ( t ) ( 1 ) Effect of Other Laws.-No agency shall rely on any exemption contained in section 552 of this title to withhold from an individual any record which is otherwise accessible to such individual under the provisions of this section. 

( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; XXXX ( XXXX, XXXX XXXX ) is a financial institution by definition under Title 15 USC 6801 ( a ). 
My assertion is that they have violated privacy obligation policy by making these reports, which are now publicly available, and have not protected my security and confidentiality. 

This represents ( 4 ) violations : 1 with XXXX XX/XX/XXXX, and 3 with Equifax, XXXX, and XXXX XXXX of XXXX ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ISSUE VIOLATION ( 3 ) Further, under 15 USC 6802 Obligations with respect to disclosures of personal information ( a ) Notice requirements 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. 
My assertion is that XXXX ( XXXX, XXXX XXXX ) has reported to XXXX XXXX of XXXX and to Equifax, XXXX, and XXXX on XXXX of XXXX and have done so without my written consent. 
This represents ( 4 ) violations by XXXX ( XXXX, XXXX XXXX ). 

ISSUE VIOLATION ( 4 ) 15 USC 1681 section 604 ( a ) section 2 states that : In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. 
XXXX ( XXXX, XXXX XXXX ) the financial institution and the Consumer reporting agencies Equifax, XXXX, and XXXX the Reporting Agencies do not have my consent to furnish this information and they surely do not have my written consent. 

XXXX ( XXXX, XXXX XXXX ) has reported to XXXX : XXXX of XXXX and to Equifax, XXXX, and XXXX : XXXX of XXXX This represents ( 4 ) violations by XXXX ( XXXX, XXXX XXXX ) Any and all consent to Equifax, XXXX, and XXXX by XXXX ( XXXX, XXXX XXXX ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. ( See attached Opt-out supporting documents ) Also 12 CFR 1016.7 states that A consumer may exercise the right to opt out at any time. 
I am opting out of reporting services from the 3 Credit Reporting Bureaus. See supporting documentation in the attachments. 
___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ISSUE VIOLATION ( 5 ) Further, 15 USC 6802 ( b ) ( 1 ) states that : 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 ) never informed me of my right to exercise my nondisclosure option under any of these 3 preceding options. 
This represents ( 1 ) violations by XXXX ( XXXX, XXXX XXXX ) ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ISSUE VIOLATION ( 6 ) Not only that, but also 15 USC 1681C ( a ) Information excluded from consumer reports ( 5 ) states Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : ( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.

This reporting is an adverse item they are reporting again without my permission which is against the law. 
XXXX ( XXXX, XXXX XXXX ) has reported these adverse items to XXXX : XXXX of XXXX and to Equifax, XXXX, and XXXX : XXXX of XXXX This represents ( 4 ) violations by XXXX ( XXXX, XXXX XXXX ) ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ISSUE VIOLATION ( 7A ) 15 U.S. Code 1681s-2 ( a ) Duty of furnishers of information to provide accurate information ( l ) Prohibition ( A ) Reporting information with actual knowledge of errors states 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. 

I have reason to believe this information is innacurate, and XXXX ( XXXX, XXXX XXXX ) has not provided me the chance to rebut their assertions that the information is accurate. 

XXXX ( XXXX, XXXX XXXX ) has reported these adverse items to XXXX : XXXX of XXXX and to Equifax, XXXX, and XXXX : XXXX of XXXX This represents ( 4 ) violations by XXXX ( XXXX, XXXX XXXX ) ISSUE VIOLATION ( 7B ) XXXX ( XXXX, XXXX XXXX ) has clearly not done their diligence in communicating with me in writing to confirm the accuracy of their information. 
This represents ( 1 ) violations by XXXX ( XXXX, XXXX XXXX ) ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ISSUE VIOLATION ( 8 ) 5 U.S. Code 1681e ( a ) Identity and purposes of credit users states : 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. 

I assert that Equifax, XXXX, and XXXX are in fact not maintaining reasonable procedures. 
This represents 1 violations each ( 3 total ) by each of these 3 reporting agencies. 
___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ISSUE VIOLATION ( 9 ) 15 U.S. Code 1681 ( b ) states : 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. 
The consumer reporting agencies of Equifax, XXXX, and XXXX have never provided me with such written instructions. By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title.

This represents 1 violations each ( 3 total ) by each of these 3 reporting agencies.

___ ___ ___ ___ ___ ___ ___ ___ ___ ___ On the CFPB complaint next screen What would be a fair resolution to this issue? 
Immediate deletion of all account negative reporting and XXXX USD $ per violation of the FCRA and 15 U.S. Code 1681n - Civil liability for willful noncompliance My accounting of the totals follows in an attached PDF file called XXXX, XXXX XXXX ( XXXX, XXXX XXXX ) XXXX

Company response to consumer: Closed with non-monetary relief