Consumer complaint received 2022-12-31
Company: EQUIFAX, INC.
State: CA
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:
The following accounts are being reported in violation of my rights and the FCRA and should be immediately deleted from my credit reports : ( XXXX ) XXXX XXXX # XXXX charged off, ( XXXX ) XXXX XXXX XXXX # XXXX charged off, ( XXXX ) XXXX XXXX XXXX # XXXX charged off, ( XXXX ) XXXX XXXX XXXX ( original grantor XXXX XXXX  ) # XXXX charged off, ( XXXX ) XXXX XXXX XXXX ( original grantor XXXX XXXX. ) # XXXX charged off, ( XXXX ) XXXX # XXXX charged off, and ( XXXX ) XXXX # XXXX. 

To my knowledge and in accordance with the Fair Credit Reporting Act ( FCRA ), the above-mentioned accounts continue to share and report derogatory information onto my consumer report. I did not give consent to share my information with a non-affiliated third party. The Gramm Leach Bliley Act 15 USC 6801- states that a financial institution is not supposed to share nonpublic personal information to a third party.

According to 15 U.S.C 1681 section 602 ( A ) states, I have a right to privacy ; 15 U.S.C. 1681 Section 604 A Section 2 : 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 ; 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.

Again, I never gave these written instructions. Also, 15 U.S. Code 6802 states that - 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. I was never given the opportunity to agree or rescind that this information be reported to a credit reporting agency ; nor was I given the opportunity to deny. I have the right to privacy, and what goes onto my credit report.

It also states a consumer reporting agency can not furnish an account without my written instructions. Violation of TILA 15 U.S. Code 1666 ( b ) Billing Error Violation of 15 U.S. Code 1681. Congressional findings and statement of purpose states that if you are unable to provide me with a copy of the verifiable proof, you must also update and/or remove the information listed above. I will also be seeking monetary relief of { {$1000.00} } per violation for : ( 1 ) Defamation of Character ( 2 ) Negligent infliction of Emotional Distress ( 3 ) Violations of 15 U.S.C 1666 ( b ) & 15 U.S.C 168 Furthermore, the reporting of charged-off accounts onto my consumer report are in violation of my rights and have caused serious harm to me and my family. The IRS definition of charge off is income. Income is not supposed to be furnished onto a credit report. As previously mentioned, did not clearly and conspicuously give me the option to opt out of credit reporting as it states in the Gramm Leach Bliley Act.

I am requesting that ( 1 ) XXXX XXXX # XXXX  charged off, ( 2 ) XXXX XXXX XXXX # XXXX charged off, ( 3 ) XXXX XXXX XXXX # XXXX  charged off, ( 4 ) XXXX XXXX XXXX ( original grantor XXXX XXXX ) # XXXX charged off, ( 5 ) XXXX XXXX XXXX ( original grantor XXXX XXXX. ) # XXXX charged off, ( 6 ) XXXX XXXX XXXX charged off, and ( 7 ) XXXX XXXX XXXX, to Cease and Desist all communication through any and all mediums unless it is for a specified remedy that I am invoking. The term communication through any and all mediums including but not limited to telephone, email, social media, etc and any consumer report. This notice is pursuant to 15 USC 1692 ( c ). The term communication pursuant to 15 USC 1692 ( a ), ( 2 ) means the conveying of information regarding a debt directly or indirectly to any person through any medium. This alleged debt is reporting onto my consumer report which is a form of communication and I need each charged off account removed.

This is also a direct violation of 15 USC 1692d ( 1 ) as my consumer report is my reputation and because this derogatory account is being reported and causing harm to my reputation. Please delete all information from my credit reports. I am entitled to compensation under 15 USC 1692 ( k ) of monetary relief of { {$1000.00} } for each violation.

Company response to consumer: Closed with explanation