Consumer complaint received 2024-08-19
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. (LA)

1 am writing to formally demand that Equifax Inc. immediately cease and desist from any further unauthorized use, disclosure, and sale of my personal information, including but not limited to my name, Social Security number, and address. This demand follows the significant data breach that compromised my personal information, causing me considerable concern over the potential for identity theft, fraud, and other harms.

Legal Basis The unauthorized disclosure and potential misuse of my personal information are clear violations of several federal and state consumer protection laws, including : 1. 15 U.S. Code 6821 - Privacy Protection for Customer Information of Financial Institutions : This statute, part of the Gramm-Leach-Bliley Act ( GLBA ), makes it illegal for financial institutions including credit reporting agencies like Equifax, to obtain or disclose customer information without proper authorization. The data breach and any subsequent sale of my personal information represent a direct violation of this statute.

2. Gramm-Leach-Bliley Act ( GLBA ) : The GLBA mandates financial institutions to protect the privacy of their customers ' nonpublic personal information. Equifax 's failure to secure my data in accordance with the standards set forth in the GLBA constitutes a significant breach of its legal obligations.

3. Fair Credit Reporting Act ( FCRA ) : The FCRA imposes strict requirements on credit reporting agencies to ensure the accuracy, confidentiality, and proper handling of consumer information. The unauthorized disclosure of my personal information violates my rights under this Act.

4. Federal Trade Commission Act ( FTC Act ) Section 5 : The FTC Act prohibits unfair or deceptive practices in commerce.

Equifax 's failure to implement adequate security measures to protect my personal information from a breach is an unfair practice under this statute.

5. Consumer Financial Protection Act ( CFPA ) : Under the CFPA, the Consumer Financial Protection Bureau ( CFPB ) is empowered to take action against companies engaged in unfair, deceptive, or abusive acts or practices. Equifax 's handling of my personal information may be considered such an act.

6. State-Specific Data Breach Notification Laws : Depending on the state in which I reside, Equifax 's failure to promptly notify me of the breach and its failure to adequately protect my personal information may also constitute a violation of state laws governing data breaches and consumer pr-tection. 7. U.C.C. Article 2 ( Sales ) and Article 9 ( Secured Transactions ) : The unauthorized sale or transfer of my personal information without my consent is a violation of the U.C.C. provisions related to the sale and securing of intangible assets.

8. Right to Financial Privacy Act ( RFPA ) : The RFPA restricts access to individuals ' financial records without their consent. Equifax 's actions may have infringed upon these protections.

9. Identity Theft and Assumption Deterrence Act : This federal law criminalizes the unauthorized use or transfer of another person 's personal identifying information with the intent to commit fraud. Equifax 's failure to secure my data has increased my risk of becoming a victim under this Act.

10. Electronic Communications Privacy Act ( ECPA ) : The ECPA prohibits the unauthorized access to and disclosure of electronic communications. Equifax 's failure to secure its systems could constitute a violation of this Act.

11. Stored Communications Act ( SCA ) : The SCA is a part of the ECPA and offers protections for the contents of stored communications. The breach of Equifax 's systems likely violated these protections.

12. California Consumer Privacy Act ( CCPA ) ( if applicable ) : If I reside in California, the CCPA provides additional rights and protections concerning the use and sale of my personal information.

Equifax 's actions may have violated these rights.

13. New York SHIELD Act ( if applicable : If I reside in New York, the SHIELD Act requires businesses to implement reasonable data security measures. Equifax 's failure to protect my data could be a violation of this Act.

14. Illinois Personal Information Protection Act ( if applicable ) : If I reside in Illinois, this Act requires entities to implement and maintain reasonable security measures to protect personal information.

Equifax 's failure in this regard is a violation of this Act.

15. Data Breach Accountability and Enforcement Act : This proposed federal legislation underscores the importance of holding entities accountable for data breaches. While not yet enacted, it reflects the growing recognition of the need for stricter enforcement against companies that fail to protect consumer data. Demands 1. Immediate Cessation : Equifax must immediately cease the unauthorized use, disclosure, and sale of my personal information. This includes ensuring that any third parties with whom my information was shared or sold cease using it.

2. Remediation Plan : I demand that Equifax provide a detailed plan for how it intends to remediate the damage caused by this data breach.

This should include steps taken to prevent future breaches, compensation for any damages I have suffered, in the amount of {$1000.00} per violation and a comprehensive credit monitoring service at no cost to me.

3. Proof of Compliance : Within 30 days of receipt of this letter, I expect to receive written confirmation that Equifax has ceased all unauthorized activities related to my personal information and has implemented the requested remedial measures.Delete all negative charge offs late and missed payments, remove all negative account that are impacting my score due to my information being sold illegally in data breach by Equifax. I also want the other bureau notified and updated the same way deleted all negative accounts charge offs late payments closed accounts and anything that is negatively effecting my score. It has been a year and the company has yet to respond yet my information has been leaked and confirmed by company ( EQUIFAX ) my credit report has suffered severely with accounts & inquiries unauthorized by me negative reports that violated my consumer rights, I am receiving an extreme number of non stop spam calls and emails from companies I have never dealt, with financial threats and solicitation from credit agencies I have never done business with .They failed to produce contact baring my human wet or signature or to respond. This must be fixed immediately.