Consumer complaint received 2023-05-09
Company: EQUIFAX, INC.
State: NC
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:
On XX/XX/XXXX as per my previous CFPB complaints I have mailed multiple documents to XXXX regarding the wrong non deliverable address reporting on my credit report as well as my request to OPT OUT of my Payment/ Transaction History reporting on my credit report. XXXX had disregarded disputes and has failed to send proof of their investigations. They have ignored my request for contracts signed by me to be provided for XXXX XXXX XXXX which I never had a contract with. XXXX has ignored the law and has violated my rights by reporting my trans action history without my consent. XXXX continues to report inaccurate information on student loan accounts that have been proven to be resolved and no longer reports on EQUIFAX AND XXXX. Two accounts showing as US DEPT OF ED/XXXX Shoes as XXXX balnce on XXXX and is completely removed from Equifax. XXXX IS IN VIOLATION OF MY RIGHT AND THE LAW PER : 15 USC-6802 16 CFR 313.7 16 CFR 433.2 THE PRIVACY ACT OF 1974 the Gramm-Leach-Bliley Act ( GLBA ) The laws and violations implemented are explained below per the CFR, FCRA, USC, The privacy Act of 1974. All of which show clearly that XXXX is in violation and will be legally held responsible for their blatant disregard for my rights as a consumer. I DO NOT GIVE XXXX, EQUIFAX AND OR XXXX XXXX PERMISSION TO REPORT MY TRANSACTION HISTORY TO THIRD PARTY NON AFFILIATES, OR THE PUBLIC ON MY CREDIT REPORT. I have made multiple complaints and disputes this year alone and if my request, my rights and the law continues to be ignored then I will have no choice but to seek legal remedy in federal court for their violations per month and damages for slander and invasion of privacy. 

My final demands are as follows which are backed by law. CFR enforces these rights and laws that XXXX fails to abide by. ACTION IS REQUIRED OR LEGAL FILING WITH FEDERAL COURT FOLLOWS. 

Remove undeliverable addresses : XXXX XXXX XXXX XXXX Ohio ( never lived there ) Remove invalidated accounts that are not verified and a contract with my wet signature has not been provided to me with full disclosure of the claimed agreement. 

STOP Reporting my transaction history it is an invasion of my Privacy and has caused me mental distress and defamation. 

I DO NOT GIVE XXXX, XXXX OR EQUIFAX PERMISSION TO REPORT MY TRANSACTION HISTORY. 

XXXX must stop reporting inaccurate information which is deliberate. They are aware that US DEPT OF ED account show {$0.00} balance on XXXX and is completely removed from Equifax. 

All COLLECTION ACCOUNTS MUST BE REMOVED THEY HAVE NOT BEEN VALIDATED AND NO CONTRACT WITH ME AGREEING TO BE IN CONTRACT WITH XXXX XXXX ( XXXX ) OR XXXX XXXX XXXX ( XXXX ) HAS BEEN PROVIDED. 

XXXX REMOVED XXXX XXXX AND WITHOUT NOTICE LAST MONTH XXXX PLACED IT BACK ON MY REPORT WITHOUT NOTICE OR PROOF OF ANY SUCH INVESTIGATION. 

Payment history and transaction history must be removed and no longer reported for the accounts below. 

XXXX XXXX US Dept of ED US Dept of ED XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Lastly Many of these accounts are charged off/written off and are deemed as Income and I should have received a copy of the 1099 from these creditors to file as income. 

PRIVACY ACT OF 1974 : The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual.

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.

16 CFR 313.7 - Form of opt out notice to consumers ; opt out methods : 313.7 Form of opt out notice to consumers ; opt out methods.

( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right.

( 2 ) Examples- ( i ) Adequate opt out notice. You provide adequate notice that the consumer can opt out of the disclosure of nonpublic personal information to a nonaffiliated third party if you : ( A ) Identify all of the categories of nonpublic personal information that you disclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to which you disclose the information, as described in 313.6 ( a ) ( 2 ) and ( 3 ) and state that the consumer can opt out of the disclosure of that information; and ( B ) Identify the financial products or services that the consumer obtains from you, either singly or jointly, to which the opt out direction would apply.

( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form that includes the address to which the form should be mailed ; or ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out.

( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice.

( iv ) Specific opt out means. You may require each consumer to opt out through a specific means, as long as that means is reasonable for that consumer.

( b ) Same form as initial notice permitted. You may provide the opt out notice together with or on the same written or electronic form as the initial notice you provide in accordance with 313.4.

( c ) Initial notice required when opt out notice delivered subsequent to initial notice. If you provide the opt out notice later than required for the initial notice in accordance with 313.4, you must also include a copy of the initial notice with the opt out notice in writing or, if the consumer agrees, electronically.

( d ) Joint relationships.

( 1 ) If two or more consumers jointly obtain a financial product or service from you, you may provide a single opt out notice, unless one or more of those consumers requests a separate opt out notice. Your opt out notice must explain how you will treat an opt out direction by a joint consumer ( as explained in paragraph ( d ) ( 5 ) ( ii ) of this section ).

( 2 ) Any of the joint consumers may exercise the right to opt out. You may either : ( i ) Treat an opt out direction by a joint consumer as applying to all of the associated joint consumers; or ( ii ) Permit each joint consumer to opt out separately.

( 3 ) If you permit each joint consumer to opt out separately, you must permit one of the joint consumers to opt out on behalf of all of the joint consumers.

( 4 ) You may not require all joint consumers to opt out before you implement any opt out direction.

( 5 ) Example. If XXXX and XXXX have a joint credit card account with you and arrange for you to send statements to XXXXXXXX XXXX address, you may do any of the following, but you must explain in your opt out notice which opt out policy you will follow : ( i ) Send a single opt out notice to XXXXXXXX XXXX address, but you must accept an opt out direction from either XXXX or XXXX. 

( ii ) Treat an opt out direction by either XXXX or XXXX as applying to the entire account. If you do so, and XXXX opts out, you may not require XXXX to opt out as well before implementing XXXXXXXX XXXX  opt out direction. 

( iii ) Permit XXXX and XXXX to make different opt out directions. If you do so, ( A ) You must permit XXXX and XXXX to opt out for each other; ( B ) If both opt out, you must permit both to notify you in a single response ( such as on a form or through a telephone call ) ; and ( C ) If XXXX opts out and XXXX does not, you may only disclose nonpublic personal information about XXXX, but not about XXXX and not about XXXX and XXXX jointly.

(

e ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. ( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. ( g ) Duration of consumer 's opt out direction. ( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically. ( 2 ) When a customer relationship terminates, the customer 's opt out direction continues to apply to the nonpublic personal information that you collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with you, the opt out direction that applied to the former relationship does not apply to the new relationship. ( h ) Delivery. When you are required to deliver an opt out notice by this section, you must deliver it according to 313.9. ( i ) Model privacy form. Pursuant to 313.2 ( a ) of this part, a model privacy form that meets the notice content requirements of this section is included in appendix A of this part. [ 65 FR 33677, XXXX XXXX XXXX as amended at 74 FR 62966, XXXX XXXX XXXX  ] Privacy Fair Credit Reporting Act Section 603 ( d ) Consumer Report and Information Sharing Section 603 ( d ) defines a consumer report to include information about a consumer such as that which bears on a consumers creditworthiness, character, and capacity among other factors. Communication of this information may cause a person, including a financial institution, to become a consumer reporting agency. The statutory definition contains key exemptions to this definition that enable financial institutions to share this type of information under certain circumstances, without becoming consumer reporting agencies. Specifically, the term consumer report does not include : 1. A report containing information solely as to transactions or experiences between the consumer and the financial institution making the report. A person, including a financial institution, may share information strictly related to its own transactions or experiences with a consumer ( such as the consumers payment history, or an account with the institution ) with any third party, without regard to affiliation, without becoming a consumer reporting agency. This type of information sharing may, however, be restricted under the Privacy of Consumer Financial Information regulations that implement the Gramm- Leach-Bliley Act ( GLBA ) because it meets the definition of non-public personal information under the Privacy regulations ; therefore sharing it with non-affiliated third parties may be subject to an opt out under the privacy regulations. In turn, the FCRA may also restrict activities that the GLBA permits. For example, the GLBA permits a financial institution to share a list of its customers and information such as their credit scores with another financial institution to jointly market or sponsor other financial products or services. This communication may be considered a consumer report under the FCRA and could potentially cause the sharing financial institution to become a consumer reporting agency. 2. Communication of such transaction or experience information among persons, including financial institutions related by common ownership or affiliated by corporate control. 3. Communication of other information ( e.g., other than transaction or experience information ) among persons and financial institutions related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information will be communicated among such entities, and before the information is initially communicated, the consumer is given the opportunity to opt out of the communication. I expect to have all credit reporting agencies to follow the law and respect my rights. This is my last CFPB complaint the next attempted to resolve this will be in court. 

XXXX XXXX

Company response to consumer: Closed with non-monetary relief