Consumer complaint received 2023-06-08
Company: EQUIFAX, INC.
State: FL
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 have written my request to opt out to the following companies in the letters attached to this complaint XXXX XXXX, XXXX XXXX, and XXXX XXXX XXXX XXXX, however my report has not been corrected and the items removed This is a direct violation of federal law. Under 15 USC 6801- Protection of nonpublic personal information ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. The law defines nonpublic personal information ( 4 ) Nonpublic personal information ( A ) The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer; or ( iii ) otherwise obtained by the financial institution. ( B ) Such term does not include publicly available information, as such term is defined by the regulations prescribed under section 6804 of this title. ( C ) Notwithstanding subparagraph ( B ), such term ( i ) shall include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived using any nonpublic personal information other than publicly available information; but ( ii ) shall not include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived without using any nonpublic personal information. Per the FCRA as a federally protected consumer I have opted out of any and all authorization I as the consumer may have given, written, unwritten, verbal, and nonverbal per 15 USC 6802 To the companies and only the companies listed in the letters attached to this complaint. Further more I have sent letters to XXXX, XXXX, and Equifax disputing the inquires on my report for immediate removal, as of XX/XX/XXXX all three companies were reporting these inquires which I have provided attached to this complaint, titled credit report XXXX. As of XX/XX/XXXX XXXX was the only reporting company to remove these inquires, as of the day of this complaint both XXXX and Equifax have not removed these inquires and are directly breaking the law cited. Under 15 U.S. Code 1681b - Permissible purposes of consumer reports. ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. No written instructions from I the consumer have been given. I have disputed with XXXX, XXXX, and Equifax both XXXX and XXXX which are reporting a chargeoff to my report. A chargeoff is a certificate of indebtedness, a certificate of indebtedness is income which can not be reported to my credit report. In addition XXXX and Equifax are both reporting addresses that do not belong to me and are NON MAILABLE ADDRESSES, I have disputed these items multiple times however they still have not been removed I have attached this to the complaint as well. The current address is correct and is the only address that is to be reported. The reporting companies have all supplied different information. The information they are reporting for these addresses was supplied from a third party reporting agency which was and is a violation of my privacy rights under the privacy act of 1974. I have attached to this complaint proof that XXXX was reporting XXXX  to my report as of XX/XX/XXXX, however proceeded to add back on to my report on XX/XX/XXXX without any written notice. Further more as stated above I have opted out of any and all authorization per 15 USC 6802 from the reporting of XXXX however this continues to report. These are unfair and deceptive acts against me as the consumer. 16 CFR 433.2 states ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. Further more 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of 433.2 ( a ). I have no contracts before this date.

Company response to consumer: Closed with explanation