Consumer complaint received 2022-09-10
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:
I would like to advise XXXX XXXX, that I received your response on XX/XX/XXXX, from my request that your company received according to my certified green card receipt signed and dated on XX/XX/XXXX, for validation according to 1006.34 Notice for validation of debts. I also requested for a copy of my disclosures that I should have received at the time of signing the contract for opting out of my personal information being disclosed according to 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information, and the Federal Credit Bureau Program.

According to 1006.34 Notice for validation of debts : ( 5 ) Validation period means the period starting on the date that a debt collector provides the validation information required by paragraph ( c ) of this section and ending 30 days after the consumer receives or is assumed to receive the validation information. 
Per Federal Credit Bureau and CFPB ( Consumer Financial Protection Bureau ) Reporting debts owed to the United States to consumer reporting agencies is governed by the DCA and the DCIA as codified at 31 U.S.C. 3711 ( e ). Obligations of consumer reporting agencies and state and local government agencies to investigate disputes under the Fair Credit Reporting Act ( FCRA ) arise independently of 3711 ( e ). Federal agencies should be aware that credit reporting agencies may be required by the FCRA to delete information if their investigation is not completed within 30 days. 
15 U.S. Code 6802 - Obligations with respect to disclosures of personal information 6802. Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.

( 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, inwriting 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 is not disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option Not only did you fail to validate and send me the disclosures within the given timeframe of 30 days, but you did not provide me with any disclosures with my wet signature showing that I have given you authorization to disclose my information to a 3rd party, which is the credit reporting agencies.

I am requesting for XXXX XXXX XXXX to delete this account off all 3 of my consumer reports, you did not validate within 30 days and I did not sign any disclosures to opt out according to : SUBCHAPTER IDISCLOSURE OF NONPUBLIC PERSONAL INFORMATION 6801. Protection of nonpublic personal information ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. 
AND 6802. Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this sub- chapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a no- tice that complies with section 6803 of this title. 
XXXX did not disclose this information to me that is required by federal law. XXXX knowingly and willfully withheld pertinent information regarding the disclosure of my information to affiliated and unaffiliated third parties. XXXX knowingly and willfully withheld information that explained how I the consumer can exercise that nondisclosure option. You are in violations of several federal law you have 10 calendar days from the receipt of this letter to delete this account from all credit reporting agencies that you have furnished this information to along with all my Consumer reports that this information is on.

Should you decide to discriminate against me for future business and or product because I exercised my rights under this or any chapter I will be coming after you for damages and I will use the contents of this correspondence as proof of such decision. 
15 USC 1691 a ( 3 ) ( a ) ACTIVITIES CONSTITUTING DISCRIMINATION It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction ( 1 ) on the basis of race, color, religion, national origin, sex or marital status, or age ( provided the applicant has the capacity to contract ) ; ( 2 ) because all or part of the applicants income derives from any public assistance program ; or ( 3 ) because the applicant has in good faith exercised any right under this chapter.

Company response to consumer: Closed with explanation