Consumer complaint received 2023-09-28
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:
The Fair Credit Reporting Act ( 15 USC 1681, section 602 ) emphasizes the importance of ensuring that consumer reporting agencies like Equifax, XXXX, and XXXX carry out their responsibilities fairly, impartially, and with respect for consumers ' privacy. I'm just an ordinary consumer, and I have the right to protect my personal information. This right is backed by 15 USC 6801, which states that financial institutions must respect customer privacy and safeguard nonpublic personal information. 

Given these circumstances, I'd like to formally request that Equifax, XXXX, and XXXX provide me with the documents they used to confirm the authorization of these credit inquiries. Specifically, I'm looking for the following details from each agency : 1. The name of the person your agency spoke to regarding these inquiries.

2. Any documents related to these inquiries that you have in your possession.

3. A signed application with my handwritten signature authorizing these inquiries.

I want to clarify that I'm not asking for an e-OSCAR report. What I'm after is the specific information mentioned above to verify the legitimacy of these inquiries. If Equifax, XXXX, and XXXX can not provide documented proof that these inquiries were indeed authorized, I strongly request that they be promptly removed from my credit reports. 

These financial institutions, also known as furnishers of information to credit agencies, fall under this definition. Section 604, subsection 2 of 15 USC 1681 states that a consumer reporting agency can only provide a consumer report when they have written instructions from the consumer it pertains to. Neither the financial institution nor the consumer reporting agencies, Equifax and XXXX, have my written consent to share this information. In fact, I am revoking any and all consent to Equifax, XXXX, and the financial institution, regardless of whether it was given verbally, non-verbally, in writing, implied, or otherwise.

Additionally, 15 USC 6802 ( b ) ( c ) states that a financial institution can not disclose nonpublic personal information to unaffiliated third parties without explaining to consumers how they can opt out of this disclosure. Surprisingly, the financial institution, acting as a furnisher of information to credit agencies, never informed me of my right to exercise this non-disclosure option.

Furthermore, 15 USC 1681c ( a ) ( 5 ) states that, except as authorized under subsection ( b ), no consumer reporting agency can include adverse information in a consumer report that is more than seven years old. This account is considered an adverse item, and they are reporting it again without my permission, which is against the law.

According to 15 U.S. Code 1681s2 ( A ) ( 1 ), a person can not provide information about a consumer to any consumer reporting agency if they know or have reason to believe that the information is inaccurate. Moreover, 15 U.S. Code 1681e states that every consumer reporting agency must have reasonable procedures in place to prevent violations of this law and to limit the sharing of consumer reports to the purposes listed in section XXXX. Equifax and XXXX seem to be falling short in maintaining these reasonable procedures. 

Lastly, 12 CFR 1016.7 states that a consumer can exercise the right to opt out at any time. I am choosing to exercise my right to opt out of your reporting services.

Company response to consumer: Closed with explanation