Consumer complaint received 2022-11-05
Company: EQUIFAX, INC.
State: CO
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:
I submitted a complaint against XXXX XXXX XXXX on XX/XX/XXXX and XX/XX/XXXX for violating federal law in regards to collecting debt and reporting nonpublic personal information to credit reporting agencies, specifically 16 CFR 313.7 Form of opt out notice to consumers ; opt out methods. They assert that they sent me an initial notice they deemed to be delivered however this is irrelevant to the issue at hand. 16 CFR 313.7 clearly states " ( 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. '' It also goes on to explain what a reasonable opt out looks like " ( 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. '' It also states what unreasonable opt out is '' ( 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. '' I have attached a notice from XXXX XXXX international that clearly shows they have provided me the consumer with an unreasonable means to exercise my right to opt out of them reporting my nonpublic personal information. 16 CFR 313.7 also states '' ( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. '' I am exercising my right as a consumer to opt out of my nonpublic personal information being reported to any consumer reporting agencies. I will attach my previous complaints as evidence as well. I made this complaint to further clarify my complaint made on the 4th as I know this company will use as many deceptive practices as it can to collect on this debt. I have provided adequate evidence that they clearly violated consumer law and written evidence that exercise my right to opt out of this information being reported. Equifax and XXXX refused to remove the account as well at my instruction so they are listed in this complaint as well. XXXX has already deleted the fraudulent account which constitutes an error in reporting via 15 USC 1681e subsection b for Equifax and XXXX who aren't maintaining reasonable procedures to insure the accuracy of my consumer report. Also as per 15 USC 1681b a consumer reporting agency may only furnish information to a consumer report '' ( 2 ) In accordance with the written instructions of the consumer to whom it relates. '' I gave no such instruction to Equifax or XXXX. I am instructing them to remove the account as well. 15 USC is also known as the Fair Credit Reporting Act this a clear violation of its provisions on behalf of these companies. All 3 of these companies have violated my rights and caused me harm as a consumer and I have provided evidence. 
The account I am speaking of is XXXX XXXX XXXX XXXX  through XXXX XXXX XXXX Account Opened : XX/XX/XXXX Account # XXXX

Company response to consumer: Closed with explanation