Consumer complaint received 2023-09-09
Company: EQUIFAX, INC.
State: TX
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:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
XXXX, TX XXXX Equifax Information Services LLC, XXXX XXXX XXXX XXXX, GA XXXX. 



XX/XX/XXXX Re : Social Security Number : XXXX To Whom It May Concern : I have recently been informed that there is negative information reported by the companies listed below : 1. XXXX XXXX XXXX XXXX XXXX XXXX Account Number Unknown My Fair Credit Reporting Act Consumer Rights have been violated. The accounts listed above have violated my FEDERAL given CONSUMER RIGHTS to PRIVACY amongst other things. 

Both negative items are listed in the file you ( Equifax ) maintain under my social security number. 
Upon reviewing a copy of my credit report with your agency, I challenge the accuracy, compliance and reportability of these two listings. 

XXXX XXXX XXXX has violated FEDERAL LAW - 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information. 

Equifax has aided this company in this violation of this Federal Law - 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information.

Simply put, this consumer law states the following. 
A Financial Institution MAY NOT, directly, or indirectly, disclose to a NON-AFFILIATED THIRD PARTY any NONPUBLIC PERSONAL INFORMATION unless such Financial Institution gives the following disclosures. 

1 ) First disclosure is the Financial Institution letting a consumer know they will disclose information to the non-affiliated third party.

2 ) Second disclosure is the Financial Institution gives the consumer the opportunity before any information is initially disclosed to direct that the information may not be disclosed to such third party 3 ) Third disclosure is the Financial Institution giving the consumer an explanation so that the consumer can exercise the NONDISCLOSURE OPTION! 


I, XXXX XXXX as the consumer was not provided with any disclosures at all from this third party and I have never been in contract or any type of business with this third party, yet Equifax has allowed this third party access to my nonpublic personal information. 

I know that I have a right to privacy when it comes to my NON-PUBLIC PERSONAL INFORMATION. 
I also have the right to NOT DISCLOSE any of my NON-PUBLIC personal information. 
This means that if the Original Lender and/or Debt Collector furnishes my NONPUBLIC PERSONAL INFORMATION to a nonaffiliated third party without my written consent, they are in clear violation of the Financial Privacy Act. 

XXXX XXXX XXXX and XXXX DO NOT have any written consent listed on their files for me saying that anyone can disclose my nonpublic information. 
XXXX XXXX XXXX nor XXXX can provide you with my LAWFUL WET SIGNATURE proving that they have my written consent to disclose my nonpublic information, yet Equifax has allowed these two FRAUDULENT companies access to my consumer report WITHOUT my written consent!!!! 

This fact makes Equifax also in violation of The FCRA is 15 U.S. Code 1681 and all its Chapters and Subchapters.

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.

Breakdown for your understanding : The consumer reporting agencies MAY only report anything to my consumer report if I have given them WRITTEN INSTRUCTIONS.

I am the consumer to whom this FEDERAL LAW relates!

Equifax has aided this company in this violation of this Federal Law listed below also : 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) IN GENERAL Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; BREAKDOWN for your understanding : This law clearly states that I am entitled to ACTUAL DAMAGES as a result of the failure or {$1000.00}, whichever is greater, if someones obtains my consumer report without PERMISSABLE PURPOSE! 
XXXX XXXX XXXX is a third party that I have never done business with. They can not provide you with any evidence of Permissible Purpose to be on my consumer report or have access to my consumer report. 
Equifax has aided this company in this violation of this Federal Law listed below also : 15 U.S. Code 1681 - Congressional findings and statement of purpose ( a ) ACCURACY AND FAIRNESS OF CREDIT REPORTING The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 

Breakdown for your understanding : 1 ) The banks depend on accurate reporting. Inaccurate reporting affecting the banking systems efficiency. Unfair credit reporting affects your confidence in the banking system.

2 ) My credit worthiness, credit standing, credit capacity, character and reputation are dependent on Equifax reporting system.

3 ) The consumer reporting agencies have a major responsibility in reporting accounts to my consumer reports 4 ) I have the right to privacy! And Equifax have the responsibility to respect my privacy with Fairness and Impartiality.

I know thats a lot of information, but I hope that this breakdown helps you understand my consumer rights and how this all ties together.

Equifax has aided this company in this violation of this Federal Law listed below also : 15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) EXCLUSIONS. Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report.

Breakdown for your understanding : 1. The term consumer report is what most people call a credit report.

2. The person making the report is the company who reported the charge off or collection to my consumer report.

3. I AM the consumer.

4. Transactions are all forms of transactional history! That means on time payments, late payments missed payments, partial payments, delinquent payments, wages, salary, etc are all forms of TRANSACTIONS!

5. Utilization is an EXPERIENCE created by credit card usage. If I dont use a credit card ( s ), I wont create an experience.

However, when I use my credit card ( s ), I, the consumer is creating shopping experiences, reward and/or point experiences etc. Utilization is an Experience due to it being created when I use my credit card ( s ).

6. TRANSACTIONS & EXPERIENCES reporting in my consumer report is ILLEGAL due to it being a violation of this law, which was given to us by Congress.

Keep this in mind, any violation of my consumer rights is a violation of Federal laws, and any violation of Federal laws is ILLEGAL!

Equifax has aided this company in this violation of this Federal Law listed below also : 15 U.S. Code 1681e - Compliance procedures ( b ) ACCURACY OF REPORT Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 
Breakdown for your understanding : The consumer reporting agencies must follow certain procedures when reporting anything to my consumer report that will produce Maximum Possible Accuracy! 
How are these accounts on my consumer report reporting to maximum accuracy if I did not give them Permissible Purpose?

I want you to understand this.

Permissible Purpose equals Written Instructions. Permissible Purpose grants consent. Without Permissible Purpose, its Identity Theft!

Its identity theft because Equifax has allowed someone to report a collection to my consumer report, using my social security number, on my behalf, without my WRITTEN INSTRUCTIONS to do so.

Equifax has aided this company in this violation of this Federal Law listed below also : 18 USC 1028A- AGGRAVATED IDENTITY THEFT 18 USC 1028A- Aggravated Identity Theft a ) OFFENSES. ( 1 ) IN GENERAL. Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. ( 2 ) TERRORISM OFFENSE. Whoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.

Breakdown for your understanding : Whoever knowingly transfers, possesses, or uses my information unlawfully can be sentenced to 2 years of imprisonment as well as punishment for this felony act.

Equifax has aided this company in this violation of this Federal Law listed below by not blocking access to my personal information being that I have 2 Police Reports on file with your agency for year dated 2008 and 2014.

Equifax was not provided my written consent per FEDERAL LAW for permission for this third party company to access my nonpublic information.

15 U.S. Code 1681c2 - Block of information resulting from identity theft ( a ) Block Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer.

Anything resulting from Identity Theft must be deleted from my consumer report no later than 4 business days after the date Equifax receives this notice.

I hereby put you on notice. I DID NOT GIVE YOU WRITTEN INSTRUCTIONS to report THIS ACCOUNT TO MY CONSUMER REPORT!

I do not have faith in the vital role you have in assembling my consumer report due to your willful noncompliance and negligence. You have not exercised your grave responsibility in fairness, impartiality and respecting my PRIVACY!

In Conclusion, you have been put on notice about violating my Congress given FCRA rights by allowing these accounts to report to my consumer report. Delete the accounts referenced from my consumer report IMMEDIATELY. Also, send a copy of my consumer report with the updated information. Thanks in advance. 



Please DELETE and BLOCK the following from my consumer report for they are violations of Federal Law : XXXX XXXX XXXX  Third Party Collection Account I do not have a contract with this third party. There is no Permissible Permission for this company to be on my report nor have access to my report. 
XXXX Identity Theft There is no Permissible Permission for this company to be on my report nor have access to my report. 
XXXX XXXX Identity Theft I do not have a contract with this company. 

Dept of EducationXXXX This account has no records or contracts on me so should be deleted and blocked. 

XXXX XXXX No transaction history should be reporting on my consumer report for this company. This violation needs to be deleted. 

Delete all accounts listed above from my consumer report, your agency is in clear violation of 15 USC 1681 and all of its subsections. Failure to respond satisfactorily with the deletion of the above referenced accounts, and send a free copy of my consumer report when these accounts have been deleted will result in legal action being taken against your agency, for which I will seek {$1000.00} per violation for : 1. Defamation of Character ( per se ) 2. Negligent Enablement of Identity Fraud 3. Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] 4. Possible Damages per Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] 5. Aggravated Identity Theft per 18USC 1028 6. Mental Anguish I hope you understand the severity of the situation.

Company response to consumer: Closed with explanation