Consumer complaint received 2024-10-20
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: EQUIFAX, INC. (NY)

I have multiple, active, in progress, unresolved consumer disputes in my CFPB account. 
As of XX/XX/XXXX, I noticed my credit report has decreased by over XXXX points for each credit bureau. The CFPB has failed to comply with : 15 U.S. Code 6805 - Enforcement- ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C . 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law. 

12 CFR 1016.4 Initial privacy notice to consumers required- ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party.

12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods- ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right.

( 2 ) Examples ( i ) Adequate opt out notice. You provide adequate notice that the consumer can opt out of the disclosure of nonpublic personal information to a nonaffiliated third party if you : ( A ) Identify all of the categories of nonpublic personal information that you disclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to which you disclose the information, as described in 1016.6 ( a ) ( 2 ) and ( 3 ) of this part, and state that the consumer can opt out of the disclosure of that information; and ( B ) Identify the financial products or services that the consumer obtains from you, either singly or jointly, to which the opt out direction would apply.

( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form together with the opt out notice that, in the case of financial institutions described in 1016.3 ( l ) ( 3 ) of this part, includes the address to which the form should be mailed ; ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your Web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out.

( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice.

( g ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it.

( h ) Continuing right to opt out. A consumer may exercise the right to opt out at any time.

( i ) Duration of consumer 's opt out direction.

( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically.

On XXXX XXXX via the CFPB complaint website, I have opted out of XXXX, Equifax, XXXX reporting services according to 12 CFR 1016.7 for the accounts : 1. XXXX XXXX  XXXX. XXXX XXXX According to the Fair Fredit Reporting Act 15 USC 1681 section 602 states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy ''. XXXX, Equifax, XXXX are consumer reporting agencies and I am the consumer. I have a right to make sure that my private information is not shared which is backed by 15 USC 6801 which 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 ''. XXXX XXXX  XXXX and XXXX XXXX are financial institutions by definition under that title. 15 USC 1681 section 604 states " Subject to subsection ( c ), 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. '' XXXX XXXX XXXX and XXXX XXXX, XXXX, Equifax, and XXXX do not have my consent to furnish this information and they do not have my written consent. Any and all consent to XXXX, Equifax, and XXXX whether it be verbal, non-verbal, written, or implied are now all revoked. 
15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unlessthe consumer is given an explanation of how the consumer can exercise that nondisclosure option ''. XXXX XXXX  XXXX and XXXX XXXX never informed me of my right to exercise my non disclosure option. In addition, 15 U.S.C. 1681a section 603 states that " ( II ) adverse to the interests of the consumer ''. CFPB, XXXX, Equifax, XXXX, XXXX XXXX XXXXXXXX and XXXX XXXX has committed continuous adverse reporting against my interests by reporting derogatory marks on my credit report, decreasing my credit score by over XXXX points in XXXX hours without regard to my active CFPB complaints, and by also reporting high credit card utilization, and late payments. 
15 U.S. Code 1681e states " Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title ''. CFPB, XXXX, Equifax, XXXX, XXXX XXXX XXXX and XXXX  XXXX are not maintaining reasonable procedures. 

Total Damages pursuant to 15 U.S. Code 1681n - Civil liability for willful noncompliance- {$55000.00} 2ND OPT OUT NOTICE BEFORE LAWSUIT- Pursuant to 12 CFR 1016.7- " You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. Continuing right to opt out. A consumer may exercise the right to opt out at any time ''. I XXXX XXXX, am opting out of CFPB, XXXX, Equifax, XXXX, XXXX XXXX XXXXXXXX and XXXX  XXXX reporting services.