Consumer complaint received 2023-10-12
Company: EQUIFAX, INC.
State: IL
Product: Credit reporting or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Re : Agreement # XXXX Make of car : XXXX Model : XXXX VIN # XXXX I am writing to address a matter of utmost importance regarding the recent review of my credit report. I have identified an account that should not be included in my consumer report, and I kindly demand the immediate removal of the following account : XXXX XXXX Account # XXXX XXXX XXXX XXXX XXXX, MN XXXX The reporting of this account violates 15 USC 1681a, The Fair Credit Reporting Act [ 15 USC 1681 ( a ) ( 2 ) ( B ) ], specifically regarding the exclusion of certain credit card authorizations. Under the Truth in Lending Act 15 USC 1602 ( g ), " credit card '' is defined in a manner that encompasses various credit devices, including social security cards, drivers licenses/IDs, and license plates used for credit extensions. 


I recently came across information from the Federal Trade Commission ( FTC ), specifically the GrammLeachBliley Act 15 USC 6802, which outlines obligations with respect to disclosures of personal information. This act requires financial institutions to provide consumers with certain notices and opt-out opportunities, which XXXX XXXX failed to do. Specifically : ( a ) Notice requirements 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. 


I have NOT given you permission to access my credit profile and you 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, in addition to civil liability. 


I trust that you will address this matter promptly within 10 days and in accordance with the law. Failure to do so may lead to legal action and potential damages, as outlined in 15 USC 1691 a ( 3 ), which prohibits discrimination against applicants who exercise their rights under federal law. 

I appreciate your prompt attention to this matter. Please confirm in writing once the requested actions have been completed. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation