Consumer complaint received 2023-10-20
Company: EQUIFAX, INC.
State: MI
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:
15 U.S. Code 1681c-2 Identity Theft - used to enforce your privacy with the CRA. They are not bureaus ; bureaus are federal. All CRAs are liable for protecting your privacy. I identified things on my report as a result of identity theft. No consent is identity theft. I did not give consent to report my private, now public information. I did not provide written or verbal permission to report those accounts. There is a privacy issue at hand! There are agencies that are buying and selling my information without my consent and the CRAs have compiled a report on me, but I did not give you permission to do this. This is the definition of identity theft. Because my rights and privacy are being violated, these are rights, not privileges, I am demanding that the agency block and remove the information I identified. Clear and conspicuous information was not provided to me regarding the reporting of these accounts. I did not receive any documentation regarding the FCRA instructions to exercise my rights on not having items reported to my consumer reports. The Gramm Leach Bliley Act requires this clear and conspicuous disclosure, so I am able to thoroughly understand my rights. Per 15 U.S. Code 1681c-2 ( 4 ), when I am conducting a transaction with another person ( corporation ), that is a private transaction. As soon as that is reported to a third party, that then becomes a transaction between the bank or the furnisher of the info and the third-party entity to whom the info was furnished. I did not provide permission to do this ; I did not profit from the transaction. I did not benefit as I was not involved in this transaction. Identity theft occurred as a separate transaction that did not include me. My initial transaction was between me and the person, or corporation and a second transaction occurred between the person, or corporation and the non-affiliated third-party. This is why the statement was included in the identity theft report made via the FTC. I did not approve of this. No consent, again, amounts to Identity Theft. The CRA is a non-affiliated third-party in these transactions as permission was not asked, nor was written, expressed consent provided. This leads to liability under civil non-compliance. Per 15 U.S. Code 1681d - Disclosure of investigative consumer reports, it describes the process of what the CRA is to do once I notify them of an error on my consumer report. I must be notified when a consumer report is being created for me and when an investigative report is being requested. I am never notified by the CRA that my consumer report is being requested for the reporting of anything. I was never notified by the CRA that a report would be furnished, violating this 1681d provision. With the Investigative Report, my consumer report is anything written or oral and anytime they investigate my report, they have to conduct personal interviews with neighbors, close associates, friends, or people who have firsthand knowledge of the transaction that was completed. I am the only one that can attest to any translation completed. Per 15 U.S. Code 1681b ( 2 ), the CRAs were supposed to ask for my consent prior to the release of my information when processing my consumer report. I did not provide my expressed, written consent for the CRAs to release my information. This is supposed to be a manual process, not an automated process. Per Congress, the CRAs have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. According to 15 U.S. Code 1681b ( 2 ), it says and no other, meaning the furnishing is to be done these ways OR NO OTHER WAY. Congress, per 15 U.S. Code 1681 ( a ) ( 2 ) Congressional Purposes identifies the consumer reporting agencys duties as elaborate mechanisms which have been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. This means that the CRAs are independent businesses that are not regulated by the federal government. Per 15 U.S. Code 1681a ( d ) ( 2 ) Exclusions. 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 ; a transaction experience is virtually every transaction I have with the other party to whom my credit was initially extended to. So, Congress is advising me that this information shall not be reported as the person is defined as the corporation or other entity. This leads to 15 U.S. Code 1681c-2 as these accounts are not supposed to be there.The consumer reporting agency has knowingly acquired, possessed, and utilized my financial information in bad faith, with the clear intent to profit at the expense of my right to privacy. These actions not only violate the FCRA, and the defined standards outlined in 15 USC 1681a ( q ) ( 3 ), but they may also constitute unfair business practices and potentially criminal acts under 18 USC 242.15 U.S. Code 1681n - Enforce CRAs failure to comply ; they are liable to me, the consumer, per civil liability ; actual damages OR {$1000.00} ; actual damages sustained by the consumer are ( for example, derogatory item on report, apply for credit and are denied based on the derogatory item is an actual damage as I did not get approved ) I do not take the liability of these transactions as I did not receive full disclosure and all elements provided are in good honor and faith. I am defined as the consumer in fact. Per 15 U.S. Code 1681o - actual damages ; or in the case if the accounts are removed, it was considered a successful action, and we are pursuing per 15 U.S. Code 1681o.

Company response to consumer: Closed with non-monetary relief