Consumer complaint received 2021-08-10
Company: EQUIFAX, INC.
State: MI
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:
AFFADAVIT OF TRUTH 1. Notice to all, I, am that I am, the consumer in fact, natural person, original creditor, lender, executor administrator, holder in due course, for any and all derivatives thereof for the surname/given name XXXX XXXX, CONSUMER and I have been appointed and accepted being the executor both public and private for all matters proceeding, and I hereby claim that I will d/b/a CONSUMER, XXXX XXXX, and autograph as the agent, attorney in fact, so be it ; CONSUMER, XXXX XXXX, is a natural person residing in County of XXXX, State of Michigan and is a CONSUMER as that term of defined by 15 USC 1681 ( a ) ( c ) ; Pursuant to 28 USC 1391 ( b ). 

Whereas I of age, of majority give, this herein notice to all, I make solemn oath to the one and only most high of creation only, whoever that may be, and I depose the following facts, so be it, now present : 2. Fact, the Fair Debt Collection Practices Act is intended to secure my right to privacy and my privacy has been breached so be it, and ; 3. Fact, I am sure the removal of my information from your website, company records, or any and all derivatives thereof, of, and/or with any affiliates will ensure my privacy rights won't be violated again due to my lack of consent and this here in unrebutted Affidavit of Truth being service to you today and therefore, standing as truth and commerce, so be it, and ; CONSUMER, XXXX XXXX, incorporates all of the above complaints as trough fully stated herein. The forgoing acts and omissions constitute numerous and multiple willful, reckless and/or negligent violations of the FCRA, including but not limited to each and every one of the above cited provisions of the FCRA, 15 USC 1681. 
CONSUMER, XXXX XXXX, has a right under 15 USC 1681 a right to fair and accurate reporting to promote efficiency in the banking system and protect CONSUMER privacy with fairness, impartiality and respect. for my right to privacy and that the FCRA impose its duties upon As a result of each and every willful violation of the FCRA, CONSUMER, XXXX XXXX, is entitled to actual damages as CFPB may allow Pursuant to 15 USC 1681n ( a ) ( 1 ) ; statutory damaged Pursuant to 15 USC 1681n ( a ) ( 1 ) ; punitive damages Pursuant to 15 USC 1681n ( a ) ( 2 ) and reasonable attorney feed and cost Pursuant to 15 USC 1681n ( a ) ( 3 ). 

Fact, please show good faith in this manner by expediting the security of the alleged information listed on your site in order to avoid me receiving further injury, damages, mental anguish and losses due to me being a victim of identity theft, so be it, and ; On XX/XX/XXXX CONSUMER, XXXX XXXX, sent a letter to EQUIFAX, XXXX  & XXXX  regarding that I am that I am the Original Creditor Pursuant to 15 USC 1681 ( 2 ) ( b ), 15 USC 1681 ( i ) and 15 USC 1681 ( e ). ( SEE EXHIBITS A-C ). 

On XX/XX/XXXX, CONSUMER, XXXX XXXX, opted out of XXXX Opt Out Process. ( SEE EXHIBIT D ). 

EQUIFAX, XXXX XXXX XXXX  as they are the FURNISHERS, with regard to erroneously reporting DEROGRATORY credit information on failing to properly investigate CONSUMER, XXXX XXXX disputes dated : XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX. ( See Exhibit E ) EQUIFAX, XXXX  & XXXX  is a furnisher of information as contemplated by 15 USC 1681 ( 2 ) ( b ) that regularly and in the ordinary course of business furnishes information to a Consumer Reporting Agency.

EQUIFAX, XXXX  & XXXX  is a furnisher of information as contemplated by 15 USC 1681 ( 2 ) ( b ) that regularly and in the ordinary course of business furnishes information to a Consumer Credit reporting Agency. Let it also be known that EQUIFAX, XXXX  & XXXX  is a furnisher of information as contemplated by 15 USC 1681s ( 2 ) ( b ). 

Dispute Date Confirmation # XX/XX/XXXX XXXX XX/XX/XXXX XXXX XX/XX/XXXX? 
XX/XX/XXXX Letter stating CONSUMER XX/XX/XXXX XXXX XX/XX/XXXX XXXX XX/XX/XXXX XXXX XX/XX/XXXX XXXX XX/XX/XXXX XXXX XX/XX/XXXX XXXX XX/XX/XXXX XXXX XX/XX/XXXX XXXX XX/XX/XXXX DATA BREACH Settlement EQUIFAX, XXXX & XXXX regularly assemble and/or evaluated consumer credit information for the purposes of furnishing consumer reports to third parties and uses interstate commerce to prepare and/or furnish the reports. Unless otherwise indicated all named in this Complaint includes all agents, employees, officers, members, directors, heirs, successors, assigns, principals, trustees, sureties, subrogees, representatives and insures of Consumer Credit Reporting Agencies. 

In addition, inaccurate reporting did not comply with the Consumer Data Industry Association 's Metro 2 reporting standards, which provides guidance for credit reporting and FCRA compliance called " Metro 2 Format ''. To this end, the adverse reporting from the said Consumer Credit Reporting Agencies standard and was therefore inaccurate under the XXXX 's standard as well. 

CONSUMER, XXXX XXXX is informed and believes, therein alleged, that acquired CONSUMER, XXXX XXXX, information through an authorized inquiry of CONSUMER, XXXX XXXX 'Consumer Report ' as that term is defined by 15 USC 1681 ( d ) ( 1 ). However, 15 USC 1681 ( b ) delineates the only permissible uses of, or access to, consumer reports. Other violations include 28 USC 1331 ; Smith v Community Lending Inc ; 773 F. Sup 2d 941, 946 ( D. Nev. 2011 ) Obtaining a Consumer Report without permissible purposes constitutes an invasion of a legally protected interest in the confidentiality of the CONSUMER, XXXX XXXX sensitive personal information. This harm may be tangible but is very real and concrete. 

The prohibition on impermissible credit 'pulls ' is also a substantive provision, not procedural, in that it is a direct protection for the privacy of CONSUMER, XXXX XXXX XXXX In fact, accessing a Consumer Report without permissible purpose would be similar to several common law torts that fall under the umbrella of invasion of privacy, such as public discloser of private facts or intrusion upon seclusion of financial information. The Consumer Reporting Agencies NEVER notified CONSUMER, XXXX XXXX, of the illegal and impermissible access and obtained CONSUMER, XXXX XXXX, credit report and/or credit information under false pretenses by falsely representing that the purpose of such access was for collection or account review notwithstanding that the account no longer existed and willfully and negligently violated the Fair Credit Reporting Act through its above conduct, specifically violated 15 USC 1681 ( b ) by using CONSUMER, XXXX XXXX report for impermissible use that falls outside the scope of 15 USC 1681 ( b ).

EQUIFAX, XXXX & XXXX is a CONSUMER REPORTING AGENCIES as that term is defined by 15 USC 1681 ( a ) ( f ).

Fact, affiant is aware has proofs that Consumer Reporting Agencies is in violation of 15 USC 1681 ( b ) Fact, affiant is aware has proofs that Consumer Reporting Agencies is in violation of 15 USC 1681 ( n ) Fact, affiant is aware has proofs that Consumer Reporting Agencies is in violation of 15 USC 1681 ( a ) ( 4 ).

Fact, affiant was injured due to many Data Breach on many computer systems b
y acquiring additional highly sensitive information and saving information onto into computer systems. Data Breaches are common and Consumer Reporting Agencies are frequent targets of cybercriminals. 

Fact, affiant is aware has proofs that Consumer Reporting Agencies is in violation of 15 USC 1681 ( n ) and 15 USC 1681 ( o ). Entitled to the remedies available. Consumer respectfully request CFPB grant the following relief : Fact, affiant is aware has proofs that Consumer Reporting Agencies is in violation of Cushman v Transunion, Stevenson v TRW Inc and Richardson v Fleet Bank of Mass, Equifax, XXXX XXXX and XXXX XXXX. 

First Cause of Action for Violation of the Fair Credit Reporting Act is USC 1681 -an award of actual damages Pursuant to 15 USC 1681n ( a ) ( 1 ) -award of statutory damaged Pursuant to 15 USC 1681n ( a ) ( 1 ) -an award of punitive damages if no resolution Pursuant to 15 USC 1681n ( a ) ( 2 ) -an award and cost of litigation, reasonable attorney feed if no resolution Pursuant to 15 USC 1681n ( a ) ( 3 ), and 15 USC 1681 ( o ) ( a ) ( 1 ) against Defendants for each incident of negligent noncompliance of the FCRA and -any other relief the Court if no resolution may deem just and proper. 

Thank you, XXXX XXXX I swear to all information provided herein I do so under the penalty of perjury that the information I saw a firm to be true or correct accurate to the best of my ability and knowledge so be it. 

I do not accept this offer to contract I do not consent to these proceedings I do require subrogation of the bond to settle the charge Credit reporting Agency. 

Let it also be known that EQUIFAX, XXXX & XXXX is a furnisher of information as contemplated by 15 USC 1681s ( 2 ) ( b ). EQUIFAX, XXXX & XXXX regularly assemble and/or evaluated consumer credit information for the purposes of furnishing consumer reports to third parties and uses interstate commerce to prepare and/or furnish the reports. Unless otherwise indicated all named in this Complaint includes all agents, employees, officers, members, directors, heirs, successors, assigns, principals, trustees, sureties, subrogees, representatives and insures of Consumer Credit Reporting Agencies.

In addition, inaccurate reporting did not comply with the Consumer Data Industry Association 's Metro 2 reporting standards, which provides guidance for credit reporting and FCRA compliance called " Metro 2 Format ''. To this end, the adverse reporting from the said Consumer Credit Reporting Agencies standard and was therefore inaccurate under the XXXX XXXX standard as well. 

CONSUMER, XXXX XXXX is informed and believes, therein alleges, that acquired CONSUMER, XXXX XXXX, information through an authorized inquiry of CONSUMER, XXXX XXXX 'Consumer Report ' as that term is defined by 15 USC 1681 ( d ) ( 1 ). However, 15 USC 1681 ( b ) delineates the only permissible uses of, or access to, consumer reports. 

Obtaining a Consumer Report without permissible purposes constitutes an invasion of a legally protected interest in the confidentiality of the CONSUMER, XXXX XXXX sensitive personal information. This harm may be tangible but is very real and concrete. 

The prohibition on impermissible credit 'pulls ' is also a substantive provision, not procedural, in that it is a direct protection for the privacy of CONSUMER, XXXX XXXX XXXX In fact, accessing a Consumer Report without permissible purpose would be similar to several common law torts that fall under the umbrella of invasion of privacy, such as public discloser of private facts or intrusion upon seclusion of financial information. The Consumer Reporting Agencies NEVER notified CONSUMER, XXXX XXXX, of the illegal and impermissible access and obtained CONSUMER, XXXX XXXX, credit report and/or credit information under false pretenses by falsely representing that the purpose of such access was for collection or account review notwithstanding that the account no longer existed and willfully and negligently violated the Fair Credit Reporting Act through its above conduct, specifically violated 15 USC 1681 ( b ) by using CONSUMER, XXXX XXXX report for impermissible use that falls outside the scope of 15 USC 1681 ( b ). 

A letter from Equifax dated XX/XX/XXXX, that XXXX XXXX was in FACT, a CONSUMER. ( See Exhibit F ) A letter from Equifax dated XX/XX/XXXX, that XXXX XXXX was not in FACT CONSUMER ( See Exhibit G ) THANK YOU, CONSUMER, XXXX XXXX

Company response to consumer: Closed with explanation