Consumer complaint received 2022-10-31
Company: EQUIFAX, INC.
State: AZ
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:
NOTICE OF DEFAULT AND OPORTUNITY TO CURE To : Equifax, Equifax and XXXX I have requested several times now to the above-mentioned Credit Reporting Agencys to remove the following XXXX XXXX  Bankruptcy for my consumer report. I Have given you more than 30 days to do so. 
Under the Federal Consumer credit Protected rights I have the right to privacy and confidentiality which you have decided to continuously violate despite multiple written requests. 
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. 

The law states that CRA assume the role they are not required, but you must respect the right for a Consumers right to privacy and I decide what is private to me. 
You have caused me defamation of character and multiple violations and adverse actions taken against me due to your unlawful practices. 



Under Arizona Revised Statue SB 1614 XXXX XXXX CONSUMER DATA PRIVACY ARTICLE 1. GENERAL PROVISIONS STATES THAT E. A CONSUMER MAY REQUEST THAT A BUSINESS DELETE ANY PERSONAL INFORMATION ABOUT THE CONSUMER THAT THE BUSINESS HAS COLLECTED FROM THE CONSUMER. A BUSINESS THAT COLLECTS PERSONAL INFORMATION ABOUT CONSUMERS SHALL DISCLOSE PURSUANT TO SUBSECTION L OF THIS SECTION THE CONSUMER 'S RIGHTS TO REQUEST THE DELETION OF THE CONSUMER 'S PERSONAL INFORMATION. A BUSINESS THAT RECEIVES A VERIFIABLE REQUEST FROM A CONSUMER TO DELETE THE CONSUMER 'S PERSONAL INFORMATION SHALL DELETE THE CONSUMERS PERSONAL INFORMATION FROM ITS RECORDS AND DIRECT ANY SERVICE PROVIDERS TO DELETE THE CONSUMER 'S PERSONAL INFORMATION FROM THEIR RECORDS. 
F. A BUSINESS THAT SELLS PERSONAL INFORMATION ABOUT A CONSUMER OR THAT DISCLOSES A CONSUMER 'S PERSONAL INFORMATION FOR A BUSINESS PURPOSE SHALL DISCLOSE THE INFORMATION SPECIFIED IN SUBSECTION E OF THIS SECTION TO THE CONSUMER ON RECEIPT OF A VERIFIABLE REQUEST FROM THE CONSUMER. A THIRD PARTY MAY NOT SELL PERSONAL INFORMATION ABOUT A CONSUMER THAT HAS BEEN SOLD TO THE THIRD PARTY BY A BUSINESS UNLESS THE CONSUMER HAS RECEIVED EXPLICIT NOTICE AND IS PROVIDED AN OPPORTUNITY TO EXERCISE THE RIGHT TO OPT OUT. 
G. A CONSUMER, AT ANY TIME, MAY DIRECT A BUSINESS THAT SELLS PERSONAL INFORMATION ABOUT THE CONSUMER TO THIRD PARTIES NOT TO SELL THE CONSUMER 'S PERSONAL INFORMATION. THIS RIGHT MAY BE REFERRED TO AS THE RIGHT TO OPT OUT. 

O. ANY CONSUMER WHOSE NONENCRYPTED OR NONREDACTED PERSONAL INFORMATION IS SUBJECT TO AN UNAUTHORIZED ACCESS AND EXFILTRATION, THEFT OR DISCLOSURE AS A RESULT OF A BUSINESS 'S VIOLATION OF THE DUTY TO IMPLEMENT AND MAINTAIN REASONABLE SECURITY PROCEDURES AND PRACTICES APPROPRIATE TO THE NATURE OF THE INFORMATION TO PROTECT THE PERSONAL INFORMATION MAY INSTITUTE A CIVIL ACTION FOR ANY OF THE FOLLOWING : 1. RECOVERY OF DAMAGES IN AN AMOUNT OF AT LEAST {$100.00} AND NOT MORE THAN {$750.00} PER CONSUMER PER INCIDENT OR ACTUAL DAMAGES, WHICHEVER IS GREATER. 
2. INJUNCTIVE OR DECLARATORY RELIEF. 
3. ANY OTHER RELIEF THE COURT DEEMS PROPER. 
P. IN ASSESSING THE AMOUNT OF STATUTORY DAMAGES, THE COURT SHALL CONSIDER ANY ONE OR MORE OF THE RELEVANT CIRCUMSTANCES PRESENTED BY ANY OF THE PARTIES TO THE CASE, INCLUDING THE NATURE AND SERIOUSNESS OF THE MISCONDUCT, THE NUMBER OF VIOLATIONS, THE PERSISTENCE OF THE MISCONDUCT, THE LENGTH OF TIME OVER WHICH THE MISCONDUCT OCCURRED, THE WILFULNESS OF THE DEFENDANT 'S MISCONDUCT AND THE DEFENDANT 'S ASSETS, LIABILITIES AND NET WORTH. A CONSUMER MAY BRING AN ACTION PURSUANT TO THIS SECTION IF, BEFORE INITIATING ANY ACTION AGAINST A BUSINESS FOR STATUTORY DAMAGES ON AN INDIVIDUAL OR CLASS-WIDE BASIS, THE CONSUMER PROVIDES A BUSINESS THIRTY DAYS ' WRITTEN NOTICE THAT IDENTIFIES THE SPECIFIC PROVISIONS OF THIS SECTION THE CONSUMER ALLEGES HAVE BEEN OR ARE BEING VIOLATED. IF A CURE IS POSSIBLE AND IF WITHIN THE THIRTY DAYS THE BUSINESS ACTUALLY CURES THE NOTICED VIOLATION AND PROVIDES THE CONSUMER AN EXPRESS WRITTEN STATEMENT THAT THE VIOLATIONS HAVE BEEN CURED AND THAT NO FURTHER VIOLATIONS WILL OCCUR, AN ACTION FOR INDIVIDUAL STATUTORY DAMAGES OR CLASS-WIDE STATUTORY DAMAGES MAY NOT BE INITIATED AGAINST THE BUSINESS. A NOTICE IS NOT REQUIRED BEFORE AN INDIVIDUAL CONSUMER INITIATES AN ACTION SOLELY FOR ACTUAL PECUNIARY DAMAGES SUFFERED AS A RESULT OF THE ALLEGED VIOLATIONS OF THIS SECTION. IF A BUSINESS CONTINUES TO VIOLATE THIS SECTION IN BREACH OF THE EXPRESS WRITTEN STATEMENT PROVIDED TO THE CONSUMER UNDER THIS SECTION, THE CONSUMER MAY INITIATE AN ACTION AGAINST THE BUSINESS TO ENFORCE THE WRITTEN STATEMENT AND MAY PURSUE STATUTORY DAMAGES FOR EACH BREACH OF THE EXPRESS WRITTEN STATEMENT, AS WELL AS ANY OTHER VIOLATION OF THIS SECTION THAT POSTDATES THE WRITTEN STATEMENT. ANY BUSINESS OR THIRD PARTY MAY SEEK THE OPINION OF THE ATTORNEY GENERAL FOR GUIDANCE ON HOW TO COMPLY WITH THIS SECTION. A BUSINESS IS IN VIOLATION OF THIS SECTION IF THE BUSINESS FAILS TO CURE ANY ALLEGED VIOLATION WITHIN THIRTY DAYS AFTER BEING NOTIFIED OF ALLEGED NONCOMPLIANCE. ANY BUSINESS, SERVICE PROVIDER OR OTHER PERSON THAT VIOLATES THIS SECTION IS LIABLE FOR A CIVIL PENALTY IN A CIVIL ACTION BROUGHT IN THE NAME OF THIS STATE BY THE ATTORNEY GENERAL OF UP TO {$7500.00} FOR EACH VIOLATION. 
Q. THE REGULATION OF CONSUMER DATA PRIVACY IS OF STATEWIDE CONCERN. THIS SECTION SUPERSEDES AND PREEMPTS ALL REGULATION OF CONSUMER DATA PRIVACY AND IS NOT SUBJECT TO FURTHER REGULATION BY A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE.

R. FOR THE PURPOSES OF THIS SECTION : 1. " BUSINESS '' MEANS A SOLE PROPRIETORSHIP, PARTNERSHIP, LIMITED LIABILITY COMPANY, CORPORATION, ASSOCIATION OR OTHER LEGAL ENTITY THAT IS ORGANIZED OR OPERATED FOR THE PROFIT OR FINANCIAL BENEFIT OF ITS SHAREHOLDERS OR OTHER OWNERS, THAT COLLECTS CONSUMERS ' PERSONAL INFORMATION, OR ON THE BEHALF OF WHICH SUCH INFORMATION IS COLLECTED AND THAT ALONE, OR JOINTLY WITH OTHERS, DETERMINES THE PURPOSES AND MEANS OF PROCESSING CONSUMERS ' PERSONAL INFORMATION, THAT DOES BUSINESS IN THIS STATE AND THAT SATISFIES ONE OR MORE OF THE FOLLOWING THRESHOLDS : ( a ) HAS ANNUAL GROSS REVENUES IN EXCESS OF {>= $1,000,000}. 
( b ) ALONE OR IN COMBINATION, ANNUALLY BUYS, RECEIVES FOR THE BUSINESS ' COMMERCIAL PURPOSES, SELLS OR SHARES FOR COMMERCIAL PURPOSES, ALONE OR IN COMBINATION, THE PERSONAL INFORMATION OF FIFTY THOUSAND OR MORE CONSUMERS, HOUSEHOLDS OR DEVICES. 
( c ) DERIVES FIFTY PERCENT OR MORE OF ITS ANNUAL REVENUES FROM SELLING CONSUMERS ' PERSONAL INFORMATION. 
2. " PERSONAL INFORMATION '' : ( a ) MEANS INFORMATION THAT IDENTIFIES, RELATES TO, DESCRIBES, IS CAPABLE OF BEING ASSOCIATED WITH OR COULD REASONABLY BE LINKED, DIRECTLY OR INDIRECTLY, WITH A PARTICULAR CONSUMER OR HOUSEHOLD, INCLUDING : ( i ) IDENTIFIERS SUCH AS A REAL NAME, ALIAS, POSTAL ADDRESS, UNIQUE PERSONAL IDENTIFIER, ONLINE IDENTIFIER INTERNET PROTOCOL ADDRESS, EMAIL ADDRESS, ACCOUNT NAME, SOCIAL SECURITY NUMBER, DRIVER LICENSE NUMBER, PASSPORT NUMBER OR OTHER SIMILAR IDENTIFIER. 
( ii ) CHARACTERISTICS OF PROTECTED CLASSIFICATIONS UNDER STATE OR FEDERAL LAW. 
( iii ) COMMERCIAL INFORMATION, INCLUDING RECORDS OF PERSONAL PROPERTY, PRODUCTS OR SERVICES PURCHASED, OBTAINED OR CONSIDERED OR OTHER PURCHASING OR CONSUMING HISTORIES OR TENDENCIES. 

I AM ATTACHING THE FULL STATUE FOR YOUR REVIEW SO THAT YOU MAY DO YOUR DUE DILLIGANCE AND RESPECT MY RIGHTS AND PRIVACY. 
I AM NOW DEMANDING THAT YOU IMMEDIATELY REMOVE THE BANKRUPTCY AND ALL ACCOUNTS ASSOCIATED WITH THE BANKRUPTCY FORM MY CONSUMER REPORT BEFORE LEGAL ACTION IS TAKE UPON YOUR AGENCY. 
THIS IS YOUR LAS OPORTUNITY TO CURE. 




Also correct my name and address on all consumer reports to reflect the following and only the following : XXXX XXXX address is XXXX XXXX XXXX XXXX, XXXX AZ XXXX. 

Remove all other names alias and address for they are incorrect and expose me to identity fraud. 
I have attached my ID and Bill of proof of identity and address. 

Let this notice serve as an intent to sue! 

Respectfully submitted XXXX XXXX

Company response to consumer: Closed with explanation