Consumer complaint received 2023-07-12
Company: EQUIFAX, INC.
State: OH
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:
On XX/XX/23 I spoke with Equifax about the Data Sharing Policy they have. The Data Sharing Policy states " An organisation may obtain a data subjects " Consent '' in a variety of ways but we encourage them to use a method that is " Clear '' and which can be recorded ''. It also states " When Equifax shares data with an organization based on the data subjects " Consent '', we require the organization to keep a record of " Consent '' and to provide a copy of it to us upon request '', it also states " We may request confirmation of " Consent '' as part of a routine audit or in response to a specific inquiry or concern raised by a data subject. 

When I spoke to Equifax I was told no " Consent '' form was on file to disclose nonpublic information and if this consent form was given it would be on file and able to be seen by the representative, I was also told if i want to obtain a consent form I must speak with the organization which clearly goes against their Data Sharing Policy. I informed the representative that not only are they violating their Data Sharing Policy, they are also in violation of a few laws : 15 usc 6801 ( a ) ( b ) ( 1 ) As a agency or authority for financial intuitions under your jurisdiction, you are supposed to have safeguards in place to insure the security of consumers information. 

Consumer : You do understand that as a consumer reporting agency it is your job to investigate all consumer information given to you and you are to have safeguards in place to make sure all consumer information you disclose is fair and accurate. 

Equifax responded : Yes they do have safeguards in place and they investigate all information they receive They are not under their jurisdiction 15 usc 1681 ( A ) ( 1 ) ( 3 ) ( 4 ) 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. 
( 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. 

Consumer : You do understand that as a consumer reporting agency you have assumed a vital role gathering information on consumers, you have a grave responsibility to insure fairness, impartiality and privacy because the banking system is dependent on fair and accurate credit reporting. 

Equifax Responded : They do understand this is their responsibility and that responsibility is grave and vital but I will need to speak with the organization that provided them with the nonpublic information to see where consent was given. 

15 usc 6821 ( a ) ( 2 ) ( 3 ) It shall be a violation of this subchapter for any person to obtain or attempt to obtain, or cause to be disclosed or attempt to cause to be disclosed to any person, customer information of a financial institution relating to another person ( 2 ) by making a false, fictitious, or fraudulent statement or representation to a customer of a financial institution; or ( 3 ) by providing any document to an officer, employee, or agent of a financial institution, knowing that the document is forged, counterfeit, lost, or stolen, was fraudulently obtained, or contains a false, fictitious, or fraudulent statement or representation. 

Consumer : You also understand that if you can not provide consent then and you make a false, fictitious, or fraudulent representation or provide documentation false, fictitious, or fraudulent to a financial intuition you are in violation of the law. 

Equifax Responded : You will need to speak with the organization that disclosed the nonpublic information 15 usc 6802 ( a ) ( b ) ( 1 ) ( A ) ( B ) ( C ) 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. 
Consumer : Did your investigation include proof that notice was provided clear and conspicuously to opt out of having nonpublic information disclosed. Did the investigation also prove, if notice was given that I was given time to opt out before information was disclosed, did the investigation prove that I was given information on how to opt out of having nonpublic information disclosed. 

Equifax Responded : You will need to speak with the organization that disclosed the nonpublic information

Company response to consumer: Closed with explanation