Consumer complaint received 2023-12-28
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. (AL)

Equifax are currently violating the following Consumer Rights Listed Below The Family Educational Rights and Privacy Act ( FERPA ) is a federal law enacted in 1974 that protects the privacy of student education records. FERPA applies to any public or private elementary, secondary, or post-secondary school. 20 USC 1232g ( b ) 15 U.S. Code 1681 - Congressional findings and statement of purpose a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 

Important Definitions from 15 U.S. Code 1681a - Definitions ; rules of construction The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. 
The term consumer means an individual. 
The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living ( 2 ) Exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report Reporting Transaction history is illegal 15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ( 2 ) In accordance with the written instructions of the consumer to whom it relates.

They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act P.L 90-321 ( 82 Stat. 146 ) which is law law that backes the code is even stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ) 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.

No adverse item besides the conviction of crimes should be on your report any item that is a derogatory mark is not allowed into consumer reports this is another violation 12 CFR 1022.3 Definitions Identity theft means a fraud committed or attempted using the identifying information of another person without authority.

Anything added to your report without your written consent could be considered Identity theft 15 U.S. Code 1681c2 - Block of information resulting from identity theft Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer.

15 U.S. Code 1681e - Compliance procedures ( a ) Identity and purposes of credit users 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. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title.

( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.

By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title.

15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure Negligent noncompliance means the law was violated not on purpose but just due to a lack of knowledge on the required reporting procedures.

15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 
( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. 

The following accounts should be deleted immediately. 
An invoice will also be provided for the listed violations above.

DEPT OF ED / XXXX XXXX XXXX $ XXXX Balance Last Payment Amount XXXX Payments XXXX of Account VIEW ACCOUNT DETAILS DEPT OF ED / XXXX XXXX XXXX $ XXXX Balance Last Payment Amount XXXX Payments XXXX of Account VIEW ACCOUNT DETAILS XXXX XXXX XXXX $ XXXX Balance Last Payment Amount XXXX Payments XXXX of Account XXXX XXXXXXXX Report Date : XX/XX/XXXX CLOSED ACCOUNT STATUS Closed accounts stay on your credit report for up to 10 years since the date of last activity. Negative information such as late payments or collections, generally stay on your Equifax credit report for up to 7 years from the date of first delinquency. 
Details Payments Historical Overview Account Number XXXX XXXX Account Status CHARGE_OFF Owner INDIVIDUAL Account Type REVOLVING Creditor Classification Loan Type XXXX Original Creditor Name Months Reviewed XXXX Activity Designator CLOSED Terms Frequency MONTHLY Term Duration Purchased From Sold To Balance and Amounts Balance {$1300.00} Credit Limit {$1000.00} High Credit {$1300.00} Available Credit $ XXXX Account Dates Date Opened XX/XX/XXXX Date Reported XX/XX/XXXX Date of Last Activity Date of First Delinquency XX/XX/XXXX Comments and Contact CONSUMER DISPUTES AFTER RESOLUTION CHARGED OFF ACCOUNT ACCOUNT CLOSED BY XXXX XXXX For questions regarding this account please contact : XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX, SD XXXXXXXX XXXX  XXXX Report Date : XX/XX/XXXX CLOSED ACCOUNT STATUS Closed accounts stay on your credit report for up to 10 years since the date of last activity. Negative information such as late payments or collections, generally stay on your Equifax credit report for up to 7 years from the date of first delinquency. 
Details Payments Historical Overview Account Number XXXX XXXX Account Status CHARGE_OFF Owner INDIVIDUAL Account Type REVOLVING Creditor Classification Loan Type XXXX Original Creditor Name Months Reviewed 45 Activity Designator CLOSED Terms Frequency MONTHLY Term Duration Purchased From Sold To Balance and Amounts Balance {$1300.00} Credit Limit {$600.00} XXXX XXXX XXXX XXXX $ XXXX Account Dates Date Opened XX/XX/XXXX Date Reported XX/XX/XXXX Date of Last Activity Date of First Delinquency XX/XX/XXXX Comments and Contact CHARGED OFF ACCOUNT ACCOUNT CLOSED BY XXXX XXXX ACCOUNT PREVIOUSLY IN DISPUTE NOW RESOLVED BY DATA FURNISHER For questions regarding this account please contact : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, UT XXXX ( XXXX ) XXXX XXXX XXXX XXXX  Report Date : XX/XX/XXXX CLOSED ACCOUNT STATUS Closed accounts stay on your credit report for up to 10 years since the date of last activity. Negative information such as late payments or collections, generally stay on your Equifax credit report for up to 7 years from the date of first delinquency. 
Details Payments Historical Overview Account Number XXXX XXXX Account Status CHARGE_OFF Owner INDIVIDUAL Account Type REVOLVING Creditor Classification Loan Type XXXX Original Creditor Name Months Reviewed XXXX Activity Designator CLOSED Terms Frequency MONTHLY Term Duration Purchased From Sold To Balance and Amounts Balance {$660.00} XXXX XXXX {$300.00} High Credit Available Credit $ XXXX Account Dates Date Opened XXXX XXXX, XXXX Date Reported XX/XX/XXXX Date of Last Activity Date of First Delinquency XX/XX/XXXX Comments and Contact CHARGED OFF ACCOUNT ACCOUNT CLOSED BY XXXX XXXX For questions regarding this account please contact : XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX, IL XXXX ( XXXX ) XXXX XXXX XXXX Report Date : XX/XX/XXXX CLOSED ACCOUNT STATUS Closed accounts stay on your credit report for up to 10 years since the date of last activity. Negative information such as late payments or collections, generally stay on your Equifax credit report for up to 7 years from the date of first delinquency. 
Details Payments Historical Overview Account Number XXXX XXXX Account Status CHARGE_OFF Owner INDIVIDUAL Account Type REVOLVING Creditor Classification Loan Type XXXX Original Creditor Name XXXXXXXX XXXX  Months Reviewed XXXX Activity Designator Terms Frequency Term Duration Purchased From Sold To Balance and Amounts Balance {$1000.00} Credit Limit {$700.00} XXXX XXXX XXXX XXXX $ XXXX Account Dates Date Opened XX/XX/XXXX Date Reported XX/XX/XXXX Date of Last Activity Date of First Delinquency XX/XX/XXXX Comments and Contact CHARGED OFF ACCOUNT For questions regarding this account please contact : XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX, XXXX XXXX XXXX, UT XXXX ( XXXX ) XXXX Disputes XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX, XXXX XXXX XXXX, UT XXXX ( XXXX ) XXXX XXXX  Report Date : XX/XX/XXXX CLOSED ACCOUNT STATUS Closed accounts stay on your credit report for up to 10 years since the date of last activity. Negative information such as late payments or collections, generally stay on your Equifax credit report for up to 7 years from the date of first delinquency. 
Details Payments Historical Overview Account Number XXXX XXXX Account Status CHARGE_OFF Owner INDIVIDUAL Account Type REVOLVING Creditor Classification Loan Type CHARGE_ACCOUNT Original Creditor Name Months Reviewed XXXX Activity Designator TRANSFER_OR_SOLD Terms Frequency MONTHLY Term Duration Purchased From Sold To Balance and Amounts Balance {$0.00} XXXX XXXX {$700.00} XXXX XXXX XXXX XXXX {$700.00} Account Dates Date Opened XX/XX/XXXX Date Reported XX/XX/XXXX Date of Last Activity Date of First Delinquency XX/XX/XXXX Comments and Contact CHARGED OFF ACCOUNT For questions regarding this account please contact : XXXX XXXX XXXX XXXX XXXX XXXX XXXX MN XXXX ( XXXX ) XXXX XXXX Report Date : XX/XX/XXXX CLOSED ACCOUNT STATUS Closed accounts stay on your credit report for up to 10 years since the date of last activity. Negative information such as late payments or collections, generally stay on your Equifax credit report for up to 7 years from the date of first delinquency. 
Details Payments Historical Overview Account Number XXXX XXXX Account Status PAYS_AS_AGREED Owner INDIVIDUAL Account Type REVOLVING Creditor Classification Loan Type CHARGE_ACCOUNT Original Creditor Name Months Reviewed 7 Activity Designator PAID_AND_CLOSED Terms Frequency MONTHLY Term Duration Purchased From Sold To Balance and Amounts Balance {$0.00} XXXX XXXX {$700.00} High Credit {$0.00} Available Credit {$700.00} Account Dates Date Opened XXXX XXXX, XXXX Date Reported XX/XX/XXXX Date of Last Activity Date of First Delinquency Comments and Contact ACCOUNT CLOSED BY CREDIT GRANTOR My name is also copy written so apparenty copy right violation must also be considered.