Consumer complaint received 2023-11-27
Company: EQUIFAX, INC.
State: FL
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:
THIS IS A COMPLAINT FOR FCRA VIOLATION, NOT A INVESTIGATION Re : XXXX XXXX XXXX According to Congress, FCRA 15 USC 1681 ( a ) Accuracy and fairness of credit reporting 15 USC 1681e ( 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. 



The Congress makes the following findings : ( 3 ) EQUIFAX Consumer Reporting Agency have assumed a vital role and have a responsibility to report consumer information to the best of their ability with Maximum Accuracy. 


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


FCRA gives me the RIGHT TO PRIVACY. 

I did not give EQUIFAX Reporting Agency written consent to furnish ANY of my information. 

I XXXX XXXX do NOT have ANY written contract with XXXX XXXX XXXX. 


15 USC 1681b Permissible purpose- ( a ) In general 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 NO consent is Identify Theft according to 18 U.S. Code 1028A - Aggravated identity theft a ) Offenses. ( 1 ) In general. 

Whoever, knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. 




According to 15 USC 1681b, EQUIFAX REPORTING AGENCY cant just furnish my consumer report to ANY and EVERYONE that requests it. 


They shall verify the identity of a new prospective user and the uses certified by such prospective user PRIOR to furnishing my consumer report. 


EQUIFAX did NOT do that. 



15 USC 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 certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. 


EQUIFAX, provide me the Verification of the Certification of the permissible purpose document that you should have certified BEFORE selling my report, If you can not provide that info, you gave someone my consumer report without a permissible purpose aiding identity theft, 1. You are supposed to have procedures in place to protect my info 2. you are supposed to certify the info 3. You are supposed to certify the written permission that I gave them. 

4. You are supposed to certify that the info is being used for this purposes and this purpose only 5. You suppose to certify that the person pulling my consumer report has the permissible purpose to pull it 6. You suppose to certify that the info that is being pulled will be used for NO OTHER purposes than the purpose in which the report was certified for. 


In addition to, the failure of EQUIFAX to CERTIFY and VERIFY the accuracy and completeness of information being furnished BEFORE furnishing it to my consumer report is a VIOLATION of Subchapter 15 USC 1681e. 


If a permissible purpose was NOT warrant, how can the reporting of the account be accurate. 


This is clearly a violation of the FCRA Such reporting causes me to face significant barriers to accessing the capital I need to start my business, including accessing Small Business Administration SBA programs. 


EQUIFAX provide ( ME ), the consumer, MY WRITTEN CONSENT to furnish my consumer report, If you cant provide me the document DELETE these bogus account XXXX immediately. 


cc : Florida State Attorney cc : XXXX XXXX XXXX XXXX XXXX XXXX  cc : CFPB Enforcement Dept. 
cc : Attorney, Esq.

Company response to consumer: Closed with explanation