Consumer complaint received 2022-08-02
Company: EQUIFAX, INC.
State: MS
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:
XXXX  XXXX XXXX Account Number XXXX XXXX  XXXX XXXX XXXX  Account Number XXXX XXXX XXXX  Account Number XXXX XXXX XXXX Account Number XXXX XXXX XXXX XXXX Account Number XXXX Penalties for these inaccurate accounts 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 ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; - 15 U.S. Code 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.

- Form 1099-C : Cancellation of Debt 1099-C : Cancellation of Debt?

Form 1099-C : Cancellation of Debt is required by the Internal Revenue Service XXXX IRS ) to report various payments and transactions made to taxpayers by lenders and creditors. These entities must file Form 1099-C if {$600.00} or more in debt was canceled or forgiven. Taxpayers who receive the form must report the amount indicated as other income as their tax return. The amount must be included on annual tax returns even if it is less than {$600.00} and if the issuer doesn't send a Form 1099-C.

- 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.

15 U.S. Code 1681d - Disclosure of investigative consumer reports ( a ) Disclosure of fact of preparation A person may not procure or cause to be prepared an investigative consumer report on any consumer unless ( 1 ) it is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to his character, general reputation, personal characteristics, and mode of living, whichever are applicable, may be made, and such disclosure ( A ) is made in a writing mailed, or otherwise delivered, to the consumer, not later than three days after the date on which the report was first requested, and ( B ) includes a statement informing the consumer of his right to request the additional disclosures provided for under subsection ( b ) of this section and the written summary of the rights of the consumer prepared pursuant to section 1681g ( c ) of this title ; and ( 2 ) the person certifies or has certified to the consumer reporting agency that ( A ) the person has made the disclosures to the consumer required by paragraph ( 1 ) ; and ( B ) the person will comply with subsection ( b ).

( b ) Disclosure on request of nature and scope of investigation Any person who procures or causes to be prepared an investigative consumer report on any consumer shall, upon written request made by the consumer within a reasonable period of time after the receipt by him of the disclosure required by subsection ( a ) ( 1 ), make a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure shall be made in a writing mailed, or otherwise delivered, to the consumer not later than five days after the date on which the request for such disclosure was received from the consumer or such report was first requested, whichever is the later.

( c ) Limitation on liability upon showing of reasonable procedures for compliance with provisions No person may be held liable for any violation of subsection ( a ) or ( b ) of this section if he shows by a preponderance of the evidence that at the time of the violation he maintained reasonable procedures to assure compliance with subsection ( a ) or ( b ).

( d ) Prohibitions ( 1 ) Certification A consumer reporting agency shall not prepare or furnish an investigative consumer report unless the agency has received a certification under subsection ( a ) ( 2 ) from the person who requested the report. 
( 2 ) Inquiries A consumer reporting agency shall not make an inquiry for the purpose of preparing an investigative consumer report on a consumer for employment purposes if the making of the inquiry by an employer or prospective employer of the consumer would violate any applicable Federal or State equal employment opportunity law or regulation.

( 3 ) Certain public record information Except as otherwise provided in section 1681k of this title, a consumer reporting agency shall not furnish an investigative consumer report that includes information that is a matter of public record and that relates to an arrest, indictment, conviction, civil judicial action, tax lien, or outstanding judgment, unless the agency has verified the accuracy of the information during the 30-day period ending on the date on which the report is furnished. 
( 4 ) Certain adverse information A consumer reporting agency shall not prepare or furnish an investigative consumer report on a consumer that contains information that is adverse to the interest of the consumer and that is obtained through a personal interview with a neighbor, friend, or associate of the consumer or with another person with whom the consumer is acquainted or who has knowledge of such item of information, unless ( A ) the agency has followed reasonable procedures to obtain confirmation of the information, from an additional source that has independent and direct knowledge of the information ; or ( B ) the person interviewed is the best possible source of the information. 

15 U.S. Code 1681b - Permissible purposes of consumer reports ( 2 ) In accordance with the written instructions of the consumer to whom it relates.

15 U.S. Code 1681n - Civil liability for willful noncompliance ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater.

15 U.S. Code 1681- Congressional findings and statement of purpose ( 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. Code 1692k - Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of 15 U.S. Code 1692 - Congressional findings and declaration of purpose ( a ) Abusive practices There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.

15 U.S. Code 1681a - Definitions ; rules of construction ( e ) The term investigative consumer report means a consumer report or portion thereof 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 reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, 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 or from the consumer. 
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Company response to consumer: Closed with explanation