Consumer complaint received 2022-04-12
Company: EQUIFAX, INC.
State: NV
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 submit this complaint requesting re-examination of XXXX XXXX XXXX reporting information on my consumer report that should not be there. I have included my prior complaint and your response to that complaint here for further reference ( XXXX ). You see, part of the problem with violating the FCRA regulations, is the lack of understanding of these regulations. The inaccuracies and the lies the creditors put in writing are just that ; inaccuracies and lies. Your response states the following : " Your account became first past due in " XX/XX/XXXX '' ; Despite our continued efforts to notify you of the delinquency, you did not maintain the account in good standing. As a result, the vehicle was repossessed on XX/XX/XXXX ... '' How can this be? You stated an inaccuracy and lie in this statement. Further, the reporting of this account is STILL in violation 15 U.S.C 1681a of the Fair Credit Reporting Act ( FCRA ), outlined as follows : 15 U.S.C 1681a ( 2 ) ( B ) refers to Exclusions:15 U.S.Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device. Further, in 15 U.S.C 1602 ( l ), the Truth In Lending Act ( TILA ), the term " credit card '' is defined as follows : ( l ) The term " credit card '' means any card, plate coupon book or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. Therefore, my social security card and drivers ' license fall under the definition of " credit cards '' and " credit device '', in this case, for the extension of credit for a vehicle. 
Additionally, I was recently made aware of information from the Federal Trade Commission ( FTC ) website ; specifically, the Gramm-Leach-Bliley Act ( GLBA ) 15 U.S.C 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 non public personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. AND ( 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. According to the aforementioned sections, you must give " conspicuous '' notice that you, XXXX XXXX XXXX, are/ were disclosing my non public personal information, AND explanation of how I, the consumer, could have exercised my rights with respect to the nondisclosure option ; my right to " Opt out ''. This " Obligation '' was not performed.

Company response to consumer: Closed with explanation