Consumer complaint received 2022-02-17
Company: EQUIFAX, INC.
State: CA
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Unable to get your credit report or credit score
Sub-issue: Other problem getting your report or credit score

Complaint:
I have a credit card with XXXX XXXX as well as other banking accounts. I have always had no sharing of information, as is required under XXXX Law, for many years with XXXX XXXX, I have no selling Opt out with Equifax, as I had identity theft prior. I have NO IDEA WHO THE THIRD PARTY IS.. 

They will not provide the credit information or not let me access it, as is stated today on my account. Unless I agree to their outrageous terms. 
They State the Following We've made enhancements to help you better understand, monitor, and take action on your credit score. You'll need to agree to the updated terms and conditions and reenroll to keep using this service. 

Following is what they want me to sign, violates all California allowed requirements. I just want like I have always had my Fico score from their provider XXXX and NOT FORCING me to have information shared for marketing purposes or my Fico score shared with anyone but me and XXXX XXXX. I do not want people being allowed to market to me call me at XXXX in the morning. Should quite simply not be allowed, I do not want my information shared with your affiliates to include MY FiCO score they State. 

I have filed a complaint with XXXX XXXX directly about this matter, and that complaint number is XXXX # XXXX. 
XXXX XXXX XXXX XXXX XXXX Addendum XXXX the XXXX XXXX XXXX Access Agreement Effective as of XX/XX/2021 This Addendum ( " Addendum '' ) and the XXXX XXXX Online Access Agreement ( " OAA '' ) contain the terms and conditions governing your use of the Credit Close-UpSM service. If we make changes to this Addendum, we will update the Addendum on the website. We will notify you of changes following the procedures specified in the OAA. If there is a conflict between this Addendum and the OAA, this Addendum will control with regard to the Credit Close-UpSM service.

Please read this Addendum carefully. By agreeing to this Addendum, or by accessing or using the Credit Close-UpSM service, you are agreeing to the terms and conditions of this Addendum and the OAA. This Addendum and the OAA include, among other things : your consent to XXXX XXXX accessing and using your consumer report your consent to XXXX XXXX sharing information in your consumer report with its affiliates our obligations to you your obligations as a user of the XXXX XXXX XXXX XXXX agreement to use binding arbitration, and to waive the right to a trial by jury, for most disputes with XXXX, XXXX, and us arising under this Addendum or relating to the Credit Close-UpSM service your waiver of class-action rights limitations on liability to you Your agreement to this Addendum is essential to our agreement to provide the Credit Close-UpSM service to you. If this Addendum is unacceptable to you at any time, you should terminate your enrollment in the Credit Close-UpSM service.

1. Definitions Except as otherwise provided in this Addendum, terms defined in the OAA have the same meaning in this Addendum. In addition, in this Addendum : " CSIdentity '' refers to XXXX XXXX, an XXXX XXXX provider that facilitates our provision of the Credit Close-UpSM service to you. 
" XXXX '' refers to XXXX XXXX XXXX XXXX XXXX, a consumer reporting agency. 
" FICO Scores '' refers credit scores created by XXXX XXXX XXXX " We, '' " XXXX, '' " Our, '' and " XXXX XXXX '' refer to XXXX XXXX XXXX XXXX. 
" You '' and " your '' refer to you as the person entering into this Addendum. 
XXXX. Eligibility To enroll in the Credit Close-UpSM service, you must be a XXXX XXXX account holder enrolled in XXXX XXXX XXXX XXXX a resident of the United States ( or a United States territory ), and at least XXXX years old. FICO Scores will be delivered only to the XXXX XXXX account holder and only if a FICO Score is available for the XXXX XXXX account holder. In some circumstances, such as if your account is closed, charged-off, or recently-opened, or if we are unable to verify your identity, you may not be eligible to receive a FICO Score through the XXXX XXXX XXXX. 

XXXX. Authorization to obtain consumer report and credit score By enrolling in the XXXX XXXX  service and agreeing to this Addendum, you are providing XXXX XXXX and its service providers, including CSIdentity, with " written instructions '' in accordance with the federal Fair Credit Reporting Act and any other applicable laws to access and use consumer report information about you from XXXX or more consumer reporting agencies. You authorize us to access and use this information, including your FICO Score, to present you with an overview of your credit profile, to present you with credit and financial guidance, to offer products and services that may be of interest to you, for internal analytics, and for other purposes related to your relationship with us. In connection with the Credit Close-UpSM service, we may use your Social Security number to access your consumer report and to verify your identity. 

Obtaining your FICO Score through the XXXX XXXX service results in a soft credit inquiry on your credit report. This soft credit inquiry does not affect your FICO Score. 

XXXX. Consent to affiliate sharing of consumer report and credit score information By enrolling in the XXXX XXXX service and agreeing to this Addendum, you consent to us sharing the consumer report information that we obtain about you in connection with the XXXX XXXX service, including your FICO Score, with our affiliates. As outlined in our Privacy Policy, you may limit our sharing of some information about you with our affiliates. Please note, however, that limiting our sharing of information about you with our affiliates consistent with our Privacy Policy will not terminate your enrollment in the XXXX XXXX service or revoke your consent to share the consumer report information we obtain about you in connection with the XXXX XXXX service with our affiliates. You must terminate your enrollment in the XXXX XXXX service if you want us to stop obtaining new consumer report information about you in connection with the XXXX XXXX service. 

XXXX. FICO Credit Score The FICO Score presented to you through the Credit Close-UpSM service is for your educational, non-commercial, and personal benefit and use only. The FICO Score presented to you may not be the credit score we use to make account opening or credit decisions, and we may use other FICO Scores and other information to review an application for a credit or deposit account.

Your FICO Score reflects a general snapshot of your credit profile at a specific point in time, and it can vary from month to month. The credit file used to create your FICO Score is updated continuously, and the FICO Score presented to you through the XXXX XXXX service may not reflect the most current data in your credit file. 

XXXX. XXXX agreement and class-action waiver Please read this section carefully as it affects your rights. 

The XXXX XXXX  service is part of XXXX XXXX XXXX and subject to the OAA, and with regard to XXXX XXXX XXXX XXXX OAA governs XXXX arbitration of any disputes relating in any way to this Addendum or the XXXX XXXX service. 

By enrolling in the XXXX XXXX service and agreeing this Addendum, and pursuant to the Federal Arbitration Act, you also agree that any dispute between you and XXXX or its service provider, XXXX, relating in any way to the XXXX XXXX service or this Addendum will, at your election or at the election of XXXX or XXXX, be resolved through binding arbitration and not through litigation in any court of general jurisdiction. ( XXXX and XXXX will not seek to arbitrate any claim filed by you in small claims court so long as the claim is asserted only on an individual basis and pending only in small claims court. ) Binding arbitration of any dispute between you and XXXX or XXXX relating in any way to the XXXX XXXX service or this Addendum will be administered by the XXXX XXXX XXXX XXXX XXXX XXXX '' ) under its rules for consumer arbitrations, and you may contact the XXXX to XXXX arbitration or to obtain more information about arbitration. 

You agree that this agreement to arbitrate disputes between you and XXXX or XXXX should be construed broadly, and you agree that any dispute between you and XXXX or XXXX regarding the arbitrability of any claim relating in any way to the XXXX XXXX  service or this Addendum will also be decided through binding arbitration. You agree that this agreement to arbitrate disputes between you and XXXX or XXXX encompasses, not only claims by you against XXXX and XXXX, but also claims by you against XXXX 's or XXXX 's affiliates and service-providers relating in any way to the XXXX XXXX service or this Addendum. Any disputes or claims against XXXX or XXXX relating to your credit report or arising out of the federal Fair Credit Reporting Act ( or its state law equivalents ) are not, however, subject to this arbitration agreement. 

At your request, XXXX or XXXX will promptly reimburse you for your payment of any arbitration filing fee. If you are unable to pay an arbitration filing fee, XXXX or XXXX will pay the fee directly after receiving a written request from you. XXXX or XXXX will pay all arbitration costs associated with the arbitration of any nonfrivolous dispute between you and XXXX or XXXX relating in any way to the XXXX XXXX service or this Addendum. Moreover, you, XXXX, and XXXX will be entitled to recover attorneys fees from each other in arbitration to the same extent you, XXXX, and XXXX would be able to recover attorneys fees in court. 

Arbitration of any dispute between you and XXXX or XXXX relating in any way to the XXXX XXXX service or this Addendum will be governed by the Federal Arbitration Act. The arbitrator of any such dispute will apply all applicable laws, including statutes of limitations, and privileges to the arbitration, but the arbitrator will not apply any federal or state rules of civil procedure or evidence in matters relating to discovery or evidence. Subject to the limitations on arbitration set forth below, the arbitrator may award any relief available in court, and judgment may be entered on any such arbitration award in any court with appropriate jurisdiction. 

You agree that, by enrolling in the XXXX XXXX service, and agreeing to this addendum, you, XXXX, and CSIdentity are each waiving the right to resolve any dispute relating in any way to the XXXX XXXX service or this addendum through a jury trial. You also agree that you, XXXX, and XXXX XXXX assert claims relating in any way to the XXXX XXXX service or this addendum on an individual basis only, and you waive any ability you may have to assert claims relating in any way to the XXXX XXXX service or to this addendum as a plaintiff or class member in any purported class or other representative proceeding. 

You agree that, if you, XXXX, or XXXX elect to resolve a dispute relating in any way to the XXXX XXXX service or this Addendum through binding arbitration, the dispute will be arbitrated on an individual basis only. Disputes between you, XXXX, or XXXX  relating in any way to the XXXX XXXX service or this Addendum representative capacity on behalf of the general public or other persons similarly-situated. The arbitrators authority is limited to disputes between you, XXXX, and XXXX alone. Claims may not be consolidated or joined in arbitration unless, you, XXXX, and XXXX agree otherwise in writing, and an arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking it and only to the extent necessary to provide relief warranted by the partys individual claim. An arbitration award and any judgment confirming it will apply only to that specific case and can not be used in any other case except to enforce an arbitration award. If any portion of the foregoing limitations on arbitration is invalid or unenforceable, then this agreement to arbitrate disputes between you, XXXX, and XXXX relating to the XXXX XXXX service or this Addendum ( other than this sentence ) will be null and void. 

This section of this Addendum will survive termination of your enrollment in the XXXX XXXX service. Except as provided above in relation to limitations on arbitration, a finding that any provision of this section this Addendum is invalid or unenforceable will not affect the validity or enforceability of any other provision of this section of this Addendum. 

XXXX. Limitation of liability By enrolling in the XXXX XXXX service and agreeing to this Addendum, you agree that XXXX XXXX XXXX XXXX, and XXXX, are not liable to you for any damages, injuries, or losses arising from or relating to the XXXX XXXX service. You further agree that your use of the XXXX XXXX service is at your sole risk and that the XXXX XXXX XXXX, including all content and information available through the XXXX XXXX XXXX, is provided to you on an " as is '' basis and subject to change at any time without notice to you. 

XXXX. No warranties XXXX XXXX, XXXX, and XXXX  are not responsible for any delay or failure to obtain a FICO Score for you, and you acknowledge that XXXX XXXX, XXXX, and CSIdentity make no warranty that the Credit Close-UpSM service will be uninterrupted, secure, or error-free. XXXX XXXX, XXXX, and XXXX expressly disclaim all warranties, representations, and conditions of any kind relating in any way to the XXXX XXXX service or to any content or information available through the XXXX XXXX XXXX. 

XXXX. Indemnification By enrolling in the XXXX XXXX service and agreeing to this Addendum, you agree to defend, hold harmless, and indemnify, XXXX XXXX XXXX XXXX, and XXXX from and against all claims, damages, expenses, liabilities, and losses ( including attorneys ' fees ) arising out of, relating to, or resulting from your violation of this Addendum or your misuse of the XXXX XXXX XXXX. 

XXXX. New features We may, from time to time, introduce new features to the XXXX XXXX XXXX. Similarly, we may modify or discontinue existing features. By accessing or using any new or modified features, you agree to be bound by the terms and conditions governing those features. 

XXXX. Termination of enrollment You may terminate your enrollment in the XXXX XXXXXXXX XXXX  at any time by selecting the opt-out link within the XXXX XXXX XXXX. You agree that you will opt-out of the XXXX XXXX XXXX  if you want us to stop obtaining new consumer report information about you in connection with the XXXX XXXX XXXX or if you no longer want to receive communications about the XXXX XXXX XXXX. 

We may restrict, suspend, or terminate your enrollment in the XXXX XXXX XXXX  at any time and for any reason without prior notice. 

XXXX. XXXX XXXX account information Any XXXX XXXX account information provided to you through the XXXX XXXX XXXX is not the official record of your account or its activity. Your XXXX XXXX account statements, furnished to you in a paper format ( or electronically if you are enrolled in paperless statements service ), are the official record of your account and your account activity. 

XXXX Credit repair disclaimer Neither XXXX XXXX XXXX Fair XXXX XXXX XXXX credit repair organizations as defined under federal or state law, including the Credit Repair Organizations Act. Neither XXXX XXXX nor XXXX XXXX XXXX provide " credit repair '' services or advice or assistance regarding " rebuilding '' or " improving '' your credit history, credit rating, or credit record. 

XXXX. Trademark information FICO is a registered trademark of XXXX XXXX XXXX in the United States and other countries. 

2021 XXXX XXXXXXXX XXXX  XXXX. All rights reserved. Some content provided by FICO, which is XXXX XXXXXXXX XXXX XXXX. All rights reserved.

Company response to consumer: Closed with explanation