Consumer complaint received 2023-09-21
Company: EQUIFAX, INC.
State: FL
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:
To : XXXX XXXX XXXX XXXX C/O XXXX XXXX XXXX XXXX XXXX XXXX XXXX, SC XXXX NOTICE TO AGENT IS NOTICE TO PRINCIPAL, NOTICE TO PRINCIPAL IS NOTICE TO AGENT. 

XXXX XXXX XXXX, you are furnishing inaccurate and incorrect information to the consumer reporting agencies. The reporting of such inaccurate information has caused severe damage to my character, reputation, general way of life, and my ability to obtain credit for personal and housing purposes. 

You and your inaccurate reporting have damaged my livelihood. 

15 U.S. Code 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION PROHIBITION ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 
Duty : A moral or legal obligation ; a responsibility Accurate : Correct in all details ; exact. 
PROHIBITION : A law or regulation forbidding something As defined by the IRS : Even if you didn't receive a Form 1099-C, you must report canceled debt as gross income on your tax return. 

The IRS clearly defines a charge-off as Gross or Ordinary income. INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT, which makes your reporting of this account inaccurate! 

By definition, the IRS clearly states that a Canceled or Charged-off debt is Income. Reporting this account as a debt is inaccurate. 

15 USC 1681s-2 states that you, XXXX XXXX XXXX , are a furnisher of information to a consumer reporting agency. 

YOU ARE PROHIBITED BY LAW from furnishing inaccurate information. I demand you Cease and Desist the reporting of incorrect/inaccurate information immediately. 

15 USC 1681s-2 ( a ) ( 1 ) ( A ) : A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 

You are hereby put on NOTICE that you are furnishing incorrect, inaccurate information. 

The lender must file Form 1099-C and send you a copy if the amount of debt canceled is {$600.00} or more and the lender is a financial institution, credit union XXXX federal government agency, or other applicable entity as discussed earlier in chapter 1.

The above paragraph is taken directly from the IRS publication.

SEND MY FORM 1099-C that you should have sent when you FILED the account as a canceled debt. 

My Address is listed below! 

15 U.S. Code 1681s-2 ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION PROHIBITION ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate, and the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. 
In conclusion, I have shown you, and you have been put on notice that you are reporting inaccurate information. The information is, in fact, inaccurate. 

The continued reporting of this inaccurate information is a clear violation of the Law, 15 USC 1681s-2, of your responsibilities as a furnisher of information. 

You have caused me and my family severe harm due to your negligence and inaccurate reporting. This is a final opportunity to Cure and DELETE This Erroneous, inaccurate account from my Consumer report. 

YOU HAVE 10 Calendar days to DELETE THIS ACCOUNT FROM MY CONSUMER REPORTS! 

I am writing to dispute and seek clarification regarding the sharing of my non-public personal information by your institution, as well as any potential impact on my credit report. I am concerned that these actions may be in violation of both the Gramm-Leach-Bliley Act ( GLBA ) and the Fair Credit Reporting Act ( FCRA ).

Specifically, I have identified two key areas of concern : 1. **GLBA Privacy Notice and Opt-Out** : According to the GLBA, financial institutions are required to provide consumers with an initial privacy notice and an annual privacy notice outlining their information-sharing practices. Furthermore, consumers have the right to opt out of having their non-public personal information shared with non-affiliated third parties for marketing purposes. To date, I have not received any such notices from your institution, nor have I been given the opportunity to opt out of information sharing.

Therefore, I request that you provide me with copies of all privacy notices that should have been sent to me in accordance with the GLBA. Additionally, I would like to be informed if my non-public personal information has been shared with any non-affiliated third parties for marketing purposes, and if so, I am exercising my right to opt out of such sharing.

2. **FCRA Credit Reporting Impact** : As a result of any information sharing or other actions taken by your institution, I am concerned that my credit report may have been affected. Under the FCRA, consumers have the right to accurate and complete credit reporting. I request that you provide me with any information related to changes in my credit report resulting from your institution 's actions.

Additionally, I kindly request that you conduct a thorough investigation into any credit reporting issues that may have arisen due to information sharing or any other actions by your institution. If it is determined that my credit report has been negatively affected without proper cause or notification, I request that you take immediate corrective action and provide me with documentation of any corrections made to my credit report.

I want to emphasize my commitment to ensuring that my rights under both the GLBA and the FCRA are fully protected. I kindly request that your institution promptly investigate these matters and provide me with the necessary documentation and information to address my concerns.

Please respond to this dispute letter within the statutory timeframes specified by both the GLBA and the FCRA. I understand that this investigation may take up to 30 days, and I expect your prompt attention to this matter.

Thank you for your cooperation in resolving this issue promptly. Send written correspondence to address provided above. This is my opt out and cease and desist of all sharing of my personal information. You dont have consent to share my personal information if you do its identity theft. Delete all inaccurate and wrongful shared information asap.

The Gramm-Leach-Bliley Act ( GLBA ), also known as the Financial Services Modernization Act of 1999, is a comprehensive U.S. federal law that governs the protection of consumer financial information held by financial institutions. The GLBA was enacted to promote the privacy and security of individuals ' personal financial data and to establish a framework for the financial industry to handle this information responsibly. Here are the key details and components of the GLBA : Scope of GLBA : The GLBA applies to various types of financial institutions, including banks, credit unions, securities firms, insurance companies, and certain other financial service providers.

It covers both individual consumers and small business customers.

Privacy Provisions : The GLBA establishes strict requirements for how financial institutions collect, use, and disclose personal financial information. It requires institutions to provide clear and concise privacy notices to consumers explaining their information-sharing practices.

Consumers have the right to opt out of having their non-public personal information shared with non-affiliated third parties.

Safeguarding Requirements : The GLBA mandates that financial institutions implement comprehensive information security programs to protect the confidentiality and integrity of customer data. These programs must be tailored to the institution 's size and complexity.

Financial institutions must appoint an employee or employees to coordinate and oversee the information security program.

They are required to assess and identify risks to customer information, implement safeguards against these risks, regularly monitor and test the effectiveness of these safeguards, and update them as needed.

Pretexting Protections : The GLBA addresses pretexting, which is the practice of using false pretenses to obtain individuals ' personal financial information. It makes pretexting illegal and imposes penalties on those who engage in this deceptive practice.

Penalties and Enforcement : Violations of the GLBA 's privacy and security provisions can result in civil penalties and enforcement actions by regulatory authorities, such as the Federal Trade Commission ( FTC ).

Individuals and entities that suffer harm due to GLBA violations may also have the right to take legal action against the financial institution.

Exceptions : The GLBA includes certain exceptions, such as exceptions for the sharing of information with affiliates or for specific transactional purposes.

Regulatory Oversight : The GLBA gives regulatory agencies, such as the FTC and federal banking agencies, the authority to enforce its provisions and to examine and supervise financial institutions for compliance.

Annual Privacy Notices : Financial institutions are required to provide annual privacy notices to customers explaining their privacy policies and practices. However, certain exceptions exist for institutions that do not share customer information with non-affiliated third parties.

Consumer Rights : Consumers have the right to access their own personal financial information held by financial institutions and request corrections if they find inaccuracies.

They also have the right to opt out of certain information-sharing practices.

Overall, the GLBA is designed to strike a balance between protecting consumers ' financial privacy and allowing financial institutions to provide necessary financial services. It places significant responsibilities on financial institutions to ensure the security and confidentiality of customer information while promoting transparency and consumer choice regarding the sharing of their data.

Under the Gramm-Leach-Bliley Act ( GLBA ), financial institutions are required to provide consumers with three key documents before sharing their non-public personal information with non-affiliated third parties. These documents are : Privacy Notice : Financial institutions must provide consumers with an initial privacy notice when they establish a customer relationship and then annually thereafter. This notice explains the institution 's privacy policies and practices, including : What types of non-public personal information the institution collects about the consumer.

How the institution uses and shares this information.

The consumer 's right to opt out of certain information-sharing practices.

The institution 's safeguards to protect the confidentiality and security of the information.

How the institution treats former customers ' information.

How the consumer can access and correct their personal information.

Importantly, the privacy notice also informs consumers about their right to opt out of having their information shared with non-affiliated third parties for marketing purposes.

Opt-Out Notice : If a financial institution intends to share a consumer 's non-public personal information with non-affiliated third parties for marketing purposes, it must provide an opt-out notice. This notice informs the consumer of their right to opt out of such information sharing. If the consumer chooses to opt out, the institution can not share their information for marketing purposes unless the consumer subsequently opts back in.

Annual Privacy Notice : Financial institutions must provide consumers with an annual privacy notice, even if there have been no changes to the institution 's privacy policies or practices. This notice serves as a reminder to consumers of the institution 's privacy policies and provides them with the opportunity to review and, if necessary, exercise their right to opt out of information sharing.

These documents are designed to inform consumers about how their personal financial information is handled by financial institutions and to give them control over whether their information is shared with non-affiliated third parties for marketing purposes. Financial institutions must ensure that these notices are clear, concise, and easily accessible to consumers. 

This is already been deleted from my XXXX  for numerous errors, please follow and delete asap this is breaking consumer laws.

Company response to consumer: Closed with non-monetary relief