Consumer complaint received 2023-11-12
Company: EQUIFAX, INC.
State: NC
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:
XXXX XXXX XXXX XXXX ( XXXX ) actions have caused me and my family to serve mental anguish and defamation of character. They violated my consumer rights to privacy and the obligation you must maintain the security and confidentiality of my private information. I have sent out a dispute letter to this company stating that they are furnishing inaccurate and unverifiable information on my consumer report. I specfically stated that Pursuant to 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies, it is their moral duty to report accurate information and if they are not reporting accurate information, which they are not, they MUST delete that information from my consumer report. I also, stated in that dispute that they reported my information without my consent, because pursuant to Pursuant to 15 U.S. Code 6801 - Protection of nonpublic personal information Congress states 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. Furthermore, I also stated that they did not give me the proper disclosures in regard to me as a consumer having the option to Opt out of my information being furnished or reported. 

The company responded to me on XX/XX/2023. XXXX XXXX Who is the Associate Director to be exact. In the letter he specially stated that, and I quote " I dont have the right to opt out of having a creditor report my account to the credit reporting companies. Well not only was this a dishonest statement but it shows that they are not accurately doing this moral obligation as a furnisher and is in clear violation for willful noncompliance and of reporting inaccurate information.

Congress states pursuant to 15 U.S. Code 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. then it goes on to say in subsection ( b ) Opt out : PLEASE READ CAREFULLY ( 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.

There are three parts to this disclosure. I only received one from the creditor as 90 % of most people do.

Furthermore, the law states it must be CLEARLY AND CONSPICUOUSLY. What does conspicuously mean? In a clearly visible way It MUST BE IN PLAIN SIGHT, not hidden in small font in the middle of a passage. 

XXXX XXXX also stated that XXXX XXXX XXXX XXXX have a right or dont need permission to report my information to the consumer reporting agencies. Well Pursuant to 15 U.S. Code 6801 - Protection of nonpublic personal information Congress states 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. 
That law specifically states you have an ongoing obligation to protect my personal information, it is confidential, and you can not just willfully give any person access to my information if I did not give you permission to do so. 

In addition, they are also furnishing a record of late payments on my consumer report which is inaccurate because Congress clearly states pursuant to 15 U.S. Code 1681a ( 2 ) Definitions ; rules of construction- ( 2 ) Exclusions. This section clearly states Except as provided in paragraph ( 3 ), 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 ; PLEASE UNDERSTAND the law CLEARLY states that transactions or my experiences between the consumer and the person making the report are not included on the consumer report. This is a clear violation of 15 U.S. Code 1681a and inaccuracy on my report.

Late payments are only legal under one condition and one condition ONLY. Pursuant to 15 U.S. Code 1666b - Timing of payments the LAW STATES ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. 
XXXX XXXX XXXX has not provided me with such documentation, nor did they follow the proper procedures by law to even consider furnishing late payments on my consumer report. And this also now become a violation under 15 U.S. Code 1666b - Timing of payments.

The continued reporting of this inaccurate information is a clear violation of the Law and of your obligated responsibilities as a furnisher. The reporting of such inaccurate information has caused severe damage to my character, my reputation, my general mode of living and my ability to obtain credit for personal and house purposes. I have proven and put you on notice that this account is inaccurate and in fact it is.

Company response to consumer: Closed with non-monetary relief