Consumer complaint received 2022-04-20
Company: EQUIFAX, INC.
State: NJ
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:
I sent out an affidavit to Equifax and XXXX for them to remove the information on my credit report Under Title 15 USC 6802- Obligations with respect to disclosures of personal information, ( b ) OPT OUT ( 1 ) IN GENERAL A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 
XXXX did NOT clearly and conspicuously disclose to I, consumer in fact, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to EQUIFAX Or any such third party. 
I as a consumer have the right to opt out of having this information reported. I as a consumer was NOT given a opportunity to opt out before the time that XXXX disclosed information to EQUIFAX & I wasnt given the opportunity to direct that such information not be disclosed to EQUIFAX or ANY OTHER Third Party. I as a consumer Was NOT given an explanation of how the consumer can exercise the nondisclosure option. 

Under FCRA, XXXX5 USC 1681a ( d ) ( 2 ) -EXCUSIONS the term consumer report any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device. Under Truth In Lending Act, 15 USC 1602 ( l ) The term credit card means any card, plate, coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. XXXX Used my Social Security Card & Identification card to open XXXX said account/s and these two cards were used by XXXX for an approval of a extension of credit. These two cards are Credit Cards under Truth in Lending Definitions. 15 USC 1681a ( d ) ( 2 ) says the term consumer report does not include ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card & Therefore All Accounts with XXXX are to be excluded from I, XXXX XXXX XXXX report. 

EQUIFAX has violated the My consumer rights in accordance with TITLE 15 USC 1681b. 15 USC 1681b ( a ) ( 2 ) which states that a consumer reporting agency may furnish a consumer report in accordance with written instructions of the consumer to whom it relates. I as a consumer in fact have NEVER given EQUIFAX Any written consent or instructions to report anything on My consumer report nor to furnish a consumer report and communicate any personal information with any other third party agency. NO CONSENT MEANS IDENTITY THEFT. I, Consumer in fact, demands that EQUIFAX provide documentary evidence of the affiant 's wet ink signature stating otherwise. 

n accordance with 15 USC 1681a ( e ), a investigation on a Consumer Report means in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer and such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer. 

I, consumer in fact, demands EQUIFAX shows documentary evidence of the method of verification XXXX, XXXX, EQUIFAX used to verify the reports on My consumer report pursuant to TITLE 15 USC 1681a ( e ). Include the exact names, addresses and dates of everyone interviewed.

Company response to consumer: Closed with explanation