Consumer complaint received 2024-08-21
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Credit monitoring or identity theft protection services — Didn't receive services that were advertised
Company: EQUIFAX, INC. (MI)

Identity Theft Letter to Credit Bureaus Remove inaccurate information on your credit report. 

XXXX XXXX XXXX XXXX XXXX XXXX of XXXX XXXX XXXX XXXX XXXX, XXXX. XXXX ( XXXX ) XXXX XXXX. 

( Write to each relevant credit reporting agency, XXXX at a time : ) XXXX  XXXX XXXX XXXX XXXX, XXXX XXXX -or- XXXX XXXX XXXX XXXX XXXX, XXXX  XXXX XXXX XXXX XXXX Victim Assistance Department XXXX XXXX XXXX XXXX XXXX XXXX  XXXX [ RE XXXX Confirmation XXXX : XXXX Dear Sir or Madam : I am a victim of identity theft. 
The information listed below, which appears on my credit report, does not accurately relate to any transaction ( XXXX ) that I have made. It is the result of identity theft. 
Complaint XXXX Submitted Status Open Submitted to the CFPB on XX/XX/XXXX Product Credit reporting or other personal consumer reports Issue Improper use of report Equifaxs Data Breach In XXXX of XXXX, Equifax announced XXXX data breach that exposed the personal information of XXXX XXXX people. The company has agreed to a global settlement with the Federal Trade Commission, the Consumer Financial Protection Bureau, and XXXX XXXX states and territories. The settlement includes up to {$420.00} XXXX to help people affected by the data breach. 
The deadline to file a claim was XX/XX/XXXX. The settlement XXXX continues to review and issue benefits for identity theft and fraud claims related to the breach. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX Privacy In accordance with the Fair Credit Reporting Act. 
The ( XXXX ) accounts listed below have violated my federally protected consumer rights to privacy and confidentiality contrary to : Title 15 of the United States Code section 1681 ; 15 U.S.C 1681 section 602 A ; 15 U.S.C 1681 section604 A Section 2 ; 15 U.S.C. 1681c ( A ) ( 5 ) ; and, 15 U.S.C. 1681s-2 ( A ) ( 1 ) Mr. Arthur L. Lockett Complaint Right to Privacy According to the Fair Credit Reporting Act 15 USC 1681 section 602 A states " 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. '' XXXX, XXXX XXXX XXXX XXXX and Equifax are consumer reporting agencies and I am a Consumer with the right to make sure my private information isn't shared, see : 15 USC 6801 which provides : 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. ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2, which states : " In general 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. '' ( Furnisher of information to credit agencies ) the XXXX XXXX and the Consumer reporting agencies XXXX, XXXX XXXX XXXX XXXX and Equifax are wanting consent to furnish information. Nor do they have written consent. Any and all, perceived or otherwise, consent to XXXX, XXXX XXXX XXXX XXXX and Equifax, whether it be verbal, non-verbal, written, implied or otherwise are hereby revoked. 15 USC 6802 ( b ) ( c ) states that A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. 15 USC 1681C ( a ) ( 5 ) states 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. These accounts are inaccurate, are adverse items reporting without permission, of which are against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) ( A ) makes clear : 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. 15 U.S. Code 1681e states that 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. XXXX, XXXX XXXX XXXX XXXX and Equifax are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that A consumer may exercise the right to opt out at any time. I, XXXX XXXX XXXX, hereby opting out of the reporting services. The List of accounts Account names : Account numbers : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX Submitted, XXXX XXXX XXXX XXXX XX/XX/XXXX Issue Improper use of your report Based on the information XXXX XXXX Equifax XXXX indicates XXXX XXXX XXXX personal information was impacted by this incident. 
VIOLATION OF THE FAIR CREDIT REPORTING ACT, XXXX XXXX. XXXX ( a ) XXXX XXXX XXXX XXXX as if fully alleged herein, requests and seeks to obtain from Equifax disclosures governed by 15 U.S.C. 1681g after Equifax learned of the Equifax data breach. 
These disclosures failed to clearly and accurately disclose all information in these consumers files at the time of the request, including the existence of the breach and the existence or identity of each person that procured a consumer report. 
XXXX failure to clearly and accurately disclose the fraudulent procurement of this credit information, and to identify, either specifically or in general terms, the person who procured a consumer report through the Equifax data breach, violated section 1681g ( a ) ( 1 ) and ( 3 ) of the FCRA.

Plaintiffs suffered actual injury because of XXXX violations of section 1681g ( a ) ( 1 ) and ( 3 ) of the FCRA.

They purchased Case 1:17-md-02800-TWT Document 374 Filed 05/14/18 Page 213 of 575 198 or received by entitlement a valuable consumer disclosure, which was less valuable because Plaintiffs is denied important information that was to have been part of their consumer disclosure otherwise to be provided upon request. They also were deprived of their opportunity to meaningfully consider and address issues relating to potential identity theft and fraud, as well as to avail themselves of the procedures and remedies available under sections 1681c-1 and 1681c-2 of the FCRA.

Because the consumer disclosures Equifax provided after it learned of the breach did not include all of the information Equifax was obligated to include in those consumer disclosures, they were worth some amount less. 
Plaintiffs rights at issue were determined by XXXX to be important measures of XXXX process to ensure continued accuracy and completeness in its files and reports. 
The conduct, action, and inaction of Equifax was willful, rendering Equifax liable for statutory and punitive damages in an amount to be determined pursuant to 15 U.S.C. 1681n.

Plaintiff is entitled to recover costs and attorneys fees, as well as appropriate equitable relief, from Equifax, in an amount to be determined pursuant to 15 U.S.C. 1681n. See Case 1:17-md-02800-TWT Document 374 Filed 05/14/18 Page 214 of 575 199 426. 
Therefore, Equifax is liable to Plaintiffs and Class members in an amount equal to actual damages, or damages of not less than {$100.00} and not more than {$1000.00} to XXXX, as well as punitive damages, costs of the action, and reasonable attorneys fees. 15 U.S.C. 1681n ( a ). 
In the alternative, XXXX violations were negligent, entitling Plaintiff to costs, attorneys fees, and actual damages, in an amount to be determined at a trial. 

For XXXX XXXX XXXX XXXX, please call XXXX at XXXX and provide engagement number XXXX. 
Have you already tried to fix this problem with the company? 
Yes Did you request information from the company? 
Yes What information did you request? 
Correct Information Did the company provide this information? 
Yes Type of Issue Reporting company used reports improperly Statement of Facts XXXX XXXX XXXX XXXX Complaint Right to Privacy In accordance with the Fair Credit Reporting Act. The ( XXXX ) accounts listed below have violated my federally protected consumer rights to privacy and confidentiality contrary to : Title XXXX of the United States Code section 1681 ; 15 U.S.C 1681 section 602 A ; 15 U.S.C 1681 section604 A Section 2 ; 15 U.S.C. 1681c ( A ) ( 5 ) ; and, 15 U.S.C. 1681s-2 ( A ) ( 1 ) Mr. Arthur L. Lockett Complaint Right to Privacy According to the Fair Credit Reporting Act 15 USC 1681 section 602 A states : " 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. '' XXXX, XXXX XXXX XXXX XXXX and Equifax are consumer reporting agencies and I am a Consumer with the right to make sure my private information isn't shared, see : XXXX XXXX XXXX which provides : It is the policy of the XXXX 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. 
( Furnisher of information to credit agencies ) is a financial institution by definition under that title. XXXX XXXX XXXX section XXXX a section XXXX, which states : " In general Subject to subsection ( c ), any consumer reporting agency XXXX furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the XXXX XXXX and the Consumer reporting agencies XXXX, XXXX XXXX XXXX XXXX and Equifax are wanting consent to furnish information. Nor do they have written consent. Any and all, perceived or otherwise, consent to XXXX, XXXX XXXX XXXX XXXX and Equifax, whether it be verbal, non-verbal, written, implied or otherwise are hereby revoked. 15 USC 6802 ( b ) ( c ) states that A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option.

( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. 15 USC 1681C ( a ) ( 5 ) states 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.

These accounts are inaccurate, are adverse items reporting without permission, of which are against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) ( A ) makes clear : 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. 15 U.S. Code 1681e states that 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. 
XXXX, XXXX XXXX XXXX XXXX and Equifax are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that A consumer may exercise the right to opt out at any time. 
I, XXXX XXXX XXXX, hereby opting out of the reporting services. The List of accounts Account names : Account numbers : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Submitted, XXXX XXXX XXXX XXXX XX/XX/XXXX I want the CFPB to publish this description on consumerfinance.gov so that others can learn from my experience. The CFPB will take steps to remove my personal information from this description but someone may still be able to identify me. Learn how it works. I consent to publishing this description after the CFPB has taken these steps. 

What would be a fair resolution to this issue? 
Stop the violations of privacy rights and delete the listed accounts from all records : Account names : Account numbers : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX company is this complaint about? 
Company Information EQUIFAX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXXXXXX United States Your preferred language XXXX Your demographic information Age XXXX XXXX Male XXXX, XXXX, or Spanish Origin No Race XXXX or XXXX American Household size including total number of adults and children XXXX Combined annual household income < {$5000.00} Please block this information from my credit report, pursuant to section XXXX of the Fair Credit Reporting Act, and send the required notifications to all furnishers of this information. 
Enclosed are the following : Named Items from my credit report I received from your company. 
The fraudulent items are indicated. 
Identity Theft Report and proof of my identity. 
Section 605B of the Fair Credit Reporting Act, which requires you to block the fraudulent information on my credit report resulting from identity theft within four business days and to promptly notify the furnisher ( s ) of that information. 
I appreciate your prompt attention to this matter, and await your reply. 
Enclosures : Identity Theft Report/Complaint Proof of identity : XXXX XXXX XXXX XXXX XXXX XXXX NOW XXXX XXXX In Pro XXXX, Plaintiff, XXXX XXXX XXXX XXXX XXXX to Title XXXX, Part V, Chapter XXXX XXXX #, and states : I, XXXX XXXX XXXX XXXX XXXX XXXX ( or certify, verify, or state ) under penalty of perjury, under the laws of the United States Of America XXXX XXXX represented by my signature below, that the foregoing and following herein is true and correct and, of which, includes all statements made in, and in support of this Ex Parte XXXX and XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( d ) ( XXXX ) Motion. 

Respectfully submitted, S/ XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
XXXX, Michigan XXXX ( XXXX ) XXXX XXXX Proof of Identity : Drivers license/Government-issued identification card number : L XXXX XXXX XXXX XXXX Grounds Fair Credit Reporting Act Section XXXX : FCRA XXXX ( XXXX U.S.C. XXXX ) ( a ) XXXX. 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.

( b ) Notification. A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) of this section ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section; and ( 4 ) of the effective dates of the block.

( c ) Authority to decline or rescind.

( 1 ) In general. A consumer reporting agency may decline to block, or may rescind any block, of information relating to a consumer under this section, if the consumer reporting agency reasonably determines that ( A ) the information was blocked in error or a block was requested by the consumer in error ; ( B ) the information was blocked, or a block was requested by the consumer, on the basis of a material misrepresentation of fact by the consumer relevant to the request to block ; or ( C ) the consumer obtained possession of goods, services, or money as a result of the blocked transaction or transactions. 
( 2 ) Notification to this consumer. If a block of information is declined or rescinded under this subsection, the affected consumer shall be notified promptly, in the same manner as consumers are notified of the reinsertion of information under section 1681i ( a ) ( 5 ) ( B ) of this title.

( 3 ) Significance of block. For purposes of this subsection, if a consumer reporting agency rescinds a block, the presence of information in the file of a consumer prior to the blocking of such information is not evidence of whether the consumer knew or should have known that the consumer obtained possession of any goods, services, or money as a result of the block.

( d ) Exception for resellers.

( 1 ) No reseller file. This section shall not apply to a consumer reporting agency, if the consumer reporting agency ( A ) is a reseller ; ( B ) is not, at the time of the request of the consumer under subsection ( a ) of this section, otherwise furnishing or reselling a consumer report concerning the information identified by the consumer ; and ( C ) informs the consumer, by any means, that the consumer may report the identity theft to the Bureau to obtain consumer information regarding identity theft.

( 2 ) Reseller with file. The sole obligation of the consumer reporting agency under this section, with regard to any request of a consumer under this section, shall be to block the consumer report maintained by the consumer reporting agency from any subsequent use, if ( A ) the consumer, in accordance with the provisions of subsection ( a ) of this section, identifies, to a consumer reporting agency, information in the file of the consumer that resulted from identity theft ; and ( B ) the consumer reporting agency is a reseller of the identified information. 
( 3 ) Notice. In carrying out its obligation under paragraph ( 2 ), the reseller shall promptly provide a notice to the consumer of the decision to block the file. Such notice shall contain the name, address, and telephone number of each consumer reporting agency from which the consumer information was obtained for resale.

( e ) Exception for verification companies.

The provisions of this section do not apply to a check services company, acting as such, which issues authorizations for the purpose of approving or processing negotiable instruments, electronic fund transfers, or similar methods of payments, except that, beginning 4 business days after receipt of information described in paragraphs ( 1 ) through ( 3 ) of subsection ( a ) of this section, a check services company shall not report to a national consumer reporting agency described in section 1681a ( p ) of this title, any information identified in the subject identity theft report as resulting from identity theft.

( f ) Access to blocked information by law enforcement agencies. 

Respectfully submitted, XXXX. XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. 
XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX : Drivers license/Government-issued identification card number : L XXXX XXXX XXXX XXXX