Consumer complaint received 2022-09-05
Company: EQUIFAX, INC.
State: TN
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:
Equifax Violations Refer to 15 U.S.C. 1681a ( 3abc. It states in ( 3 ) restriction on sharing of medical information. Exception for information or any communication of information disclosed as provided in section 1681b ( g ) ( 3 ) of this title, the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is- A ) medical information ; B ) an individual list or description based on the payment transactions of the consumer for medical products or services ; or C ) aggregate list of identified consumers based on payment transactions for medical products or services. Equifax allowed for a third party debt collector XXXX XXXX reported medical information on the consumer report which violates HIPAA-Law, violation 15 U.S.C 1681a ( 3abc ), violation of 15 U.S.C. 1681b ( a ) ( 1 ) ( 2 ) -permissible purposes of consumer reports in which there was no court order or written instructions by the consumer, violation of 15 U.S.C. 1681c-1-identity theft prevention ; fraud alerts and active duty alerts, violation of 15 U.S.C 1581a ( 3 ) Identity theft-the term identity theft means a fraud committed using the identifying information of another person, subject to such further definition as the bureau may prescribe, by regulation, violation of 15 U.S.C. 1681a ( 4abc ) - ( 4 ) Identity theft, report- the term identity theft report has the meaning given that term by rule of the bureau, and means, at a minimum, a report- ( a ) that alleges an identity theft ; ( b ) that is a copy of an official, valid report filed by a consumer with an appropriate federal, state, or local law enforcement agency, including the United States Postal Inspection Service , or such other government agency deemed appropriate by the bureau; and ( c ) the filling of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false. Identity theft also violates The Fair Credit Reporting Act : Identity theft rules in subsection 681.1 Duties regarding the detection, prevention and mitigation of identity theft ( a ) scope. This section applies to financial institutions and creditors that are subject to administrative enforcement of the Fair Credit Reporting Act by the Federal Trade Commission pursuant to 15 U.S.C. 1681s ( a ) ( 1 ) and IV. Preventing and Mitigating Identity Theft. The consumer report was deleted was disputed which is admission that both the third party debt collectors and the consumer reporting agency violated Fair Debt Collection Practices Act pursuant to Unfair and Deceptive Practices under XXXX XXXX XXXX XXXX and Fair Credit Reporting Act. Other violations includes 15 U.S.C. 1611-criminal liability for willful and knowing, 15 U.S.C. 1640-civil liability, 15 U.S.C. 1641-liability of assignees, 15 U.S.C. 1681s-2- responsibilities furnishers of information to consumer reporting agencies, 15 U.S.C. 1681 ( a ) ( 4 ) -Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting ( 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, 15 U.S.C . 1602 ( p ) - unauthorized use means a use of a credit card by a person other than the cardholder and 15 U.S.C. 1644 ( a ) - Use, attempt or conspiracy to use card in transaction affecting interstate or foreign commerce- whoever knowingly in a transaction affecting interstate or foreign commerce, uses or attempts or conspires to use any counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card to obtain money, goods, services, or anything else of value which within any one year period has a value aggregating {$1000.00} or more ; pursuant to ( b ) ( c ) ( d ) ( e ) ( f ). Failure to resolve such matters constitutes violations against 15 U.S.C. 1681n-civil willful noncompliance and 15 U.S.C. 1681o-Civil liability for negligent noncompliance and result in a complaint with XXXX XXXX XXXX XXXX XXXX

Company response to consumer: Closed with explanation