Consumer complaint received 2023-10-29
Company: EQUIFAX, INC.
State: MD
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:
Based on the response provided by Equifax, there are several concerns that do not appear to have been directly addressed : 1. Violation of Consumer Rights : My initial complaint mentioned that the listed accounts had violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. The response from Equifax does not explicitly address this aspect or provide any specific information regarding how they have ensured my rights were not violated.

2. The Requirement for Written Instructions : i cited 15 U.S.C 1681 Section 604 A ( Section 2 ), which states that a consumer reporting agency can not furnish an account without written instructions. Equifax 's response does not clarify how this requirement has been met or addressed.

3. Accuracy of Information : I referred to 15 U.S.C. 1681s-2 ( A ) ( 1 ), which states that a person shall not furnish inaccurate information to a consumer reporting agency. The response does not detail how the accuracy of the information has been verified or corrected.

While Equifax did provide some information related to the accounts, such as deletions, verifications, and modifications, they did not explicitly address the legal references and allegations I raised in my complaint.

-- - Complaint Regarding Violations of Fair Credit Reporting Act I am filing a formal complaint regarding the reporting of unauthorized transaction history on my consumer credit report, which I believe violates the Fair Credit Reporting Act ( 15 U.S. Code 1681 ) and related regulations.

Under the Fair Credit Reporting Act, specific provisions govern the permissible purposes for consumer reports : 1. Section 1681b ( 2 ) requires written consent from the consumer before any information is included in a consumer report. It appears that transactions were added to my report without my explicit written consent, which is a direct violation of the Fair Credit Reporting Act.

2. P.L 90-321 ( 82 Stat. 146 ) makes the regulations even stricter, allowing agencies to access your report only in response to a request by the head of a State or local child support enforcement agency. The inclusion of certain reported items does not align with these permissible purposes.

Additionally, as per 12 CFR 1022.3, the addition of information to a consumer 's report without their written consent may be considered identity theft, emphasizing the gravity of the violations.

I request a thorough reinvestigation into the inclusion of unauthorized transactions and derogatory marks in my consumer report. I also request the immediate removal of such items from my credit report in compliance with the Fair Credit Reporting Act. 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.

The financial institution is mandated by 12 CFR 1016.7 to provide a clear and conspicuous opt-out notice to consumers, ensuring it accurately explains the right to opt out of disclosing nonpublic personal information to nonaffiliated third parties. This notice must include the following : 1. A statement indicating that the financial institution discloses or reserves the right to disclose nonpublic personal information to nonaffiliated third parties.

2. Notification that the consumer has the right to opt out of this disclosure.

3. A reasonable means by which the consumer may exercise the opt-out right.

Examples of opt-out means in compliance with the law include providing check-off boxes on relevant forms, including a reply form with the opt-out notice ( with a mailing address for certain financial institutions ), offering an electronic opt-out method, and providing a toll-free telephone number for opt-out purposes.

It's important to note that it is considered unreasonable to require consumers to write their own letter as the sole means of opting out. Compliance with a consumer 's opt-out request must be executed as soon as reasonably practicable after it is received, and consumers retain the right to opt out at any time. Furthermore, a consumer 's opt-out direction remains effective until revoked in writing or electronically, with their consent.

The main concern I wish to address is that the issues raised in my initial complaint have not been adequately resolved in the previous response. I anticipate a prompt and satisfactory resolution to this matter. Failure to address these violations adequately will compel me to seek further legal recourse.

Company response to consumer: Closed with non-monetary relief