Consumer complaint received 2022-12-15
Company: EQUIFAX, INC.
State: NJ
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:
XXXX XXXX BANK - XXXX XXXX XXXX XXXX XXXX CEASE AND DESIST Notice is hereby given to XXXX to CEASE AND DESIST from any further credit reporting activities in regards to the Alleged Accounts ( 2 ) mentioned below. XXXX XXXX BANK - XXXX XXXX XXXX XXXX XXXX Please accept this written correspondence as my attempt to amicably resolve your continued violation of the Fair Credit Reporting Act regarding your refusal to CEASE AND DESIST from reporting my non-public personal information. 
I intend to pursue litigation in accordance with the FCRA to seek relief and recover all monetary damages that I may be entitled to under all relevant sections of the law if you continue to report my non-public personal information. 
A copy of this letter as well as copies of the written letters sent to you previously will also become part of a formal complaint to the Federal Trade Commission and shall be used as evidence in pending litigation provided you fail to comply. 
Despite several written requests, the items listed below that include my nonpublic personal information still remain on my credit report in violation of Federal Law, which indicates that you are continuing to disclose my non-public personal information without my consent. 
According to 15 USC 6821- Privacy Protections for Customer Information of Financial Institutions , " Financial Institution '' is defined as " ... any consumer reporting agency that compiles and maintains files on consumers on a nationwide basis. 
Therefore, as a financial institution, you are required to abide by the provision of 15 USC 6901 ( a ) that stares " 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. 
As a financial institution and credit reporting agency " you have assumed a vital role in assembling and evaluating consumer credit and other information on consumers '' so There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy '' ( 15 USC 1681 ( a ) 3 ), Based on your recent data breach that has exposed my nonpublic personal information, you have proven your inability and failed on your responsibilities on every level to protect consumers ' nonpublic personal information. You did not exercise your grave responsibility, you were unfair, partial and did not respect my right to privacy. 
Furthermore, I have not surrendered my consumer or privacy rights by giving you permission to communicate or disclose my non-public personal information. 
According to 1681b Permissible Purposes of Consumer Reports states that " any consumer reporting agency may furnish a consumer report under the following circumstances and no other : " In accordance with the written instructions of the consumer to whom it relates. 
I have never provided you with written instructions to furnish my nonpublic personal information on my credit report. 
According to the Consumer Finance Protection Bureau, credit reporting is VOLUNTARY. The definition of " voluntary '' is " done, given, or acting of one 's own free will ''. This means that there is NO LEGAL BOUNDARIES that forces a consumer to participate in credit reporting or sharing of one 's nonpublic personal information. 
However, you have taken it upon yourself to legally assume the responsibility to opt me into you obtaining, sharing and selling my non-public personal information. Since you are adamant about opting me into your credit reporting services, please provide me with proof that you have also offered me an opportunity to opt out of you sharing my non-public personal information. 
The law is very clear about stating the fact that financial institutions and credit reporting agencies have no lawful control or rights to collect, furnish or sell my nonpublic personal information without my consent. 
Please provide me with any legal documentation that grants you permission to furnish my nonpublic personal information. 

Pursuant to my rights as per 15 USC 1692c ( c ), I am hereby providing you formal notice to cease any further credit reporting regarding all 2 accounts immediately..

Any further credit reporting or communication regarding these accounts by you, your Agent or any affiliated party, except a communication, confirming your acknowledgment of this letter within 7 days of receiving this notice, is in violation of my Federally Protected Consumer Rights.

The law is very clear as to the Civil liability and the remedy available to me if you fail to comply with Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA and FDCPA. If you do not cease credit reporting regarding these 2 accounts, I will escalate the matter to a Federal Complaint. 
I would also like to further clarify that I am writing on my own behalf as an educated consumer and have not hired or outsourced this correspondence to a lawyer, credit repair service or any individual. 
Please do not provide me with specific information regarding the alleged accounts since this letter is not addressing, disputing the inaccuracy or discussing verification or validation of the alleged accounts. 
I am also NOT requesting that you update any of the information or account details pertaining to the alleged accounts. 
Please do not provide me with statements, balances, payment history, repayment information or any other specific details pertaining to the alleged accounts. 
I also require that this letter is read by a human being that is qualified, trained and equipped to provide an appropriate response. I ask that you respect my consumer rights. 
Thank you for your cooperation,

Company response to consumer: Closed with explanation