Consumer complaint received 2024-08-21
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. (NC)

Subject : XXXX XXXX XXXX XXXX XXXX, Owned by a XXXX XXXXXXXX XXXX XXXX XXXX Managed by XXXX XXXX XXXX in XXXX with XXXX XXXX XXXX in addition to XXXX, Equifax, XXXX, XXXX, & XXXX XXXX XXXX 
Dear Consumer Financial Protection Bureau, I am writing to formally file a complaint against XXXX XXXX, a financial institution owned by a XXXX XXXX private equity fund managed by XXXX XXXX XXXX, in association with XXXX XXXX XXXX, for severe violations of consumer rights to privacy and deceptive practices & securities fraud. This complaint/tip is submitted in accordance with the Consumer Financial Protection Act, FRCA, CFRs, UCC, UCCC, Securities and Exchange Commission Division of Enforcement , the United Nations Convention on International Bills of Exchange & International Promissory Notes, the Trust Indenture Act of 1939, the Securities Act of 1933, the Securities Exchange Act of 1934, the Privacy Act of 1974, the Emergency Banking Act of 1933, the Trading with the Enemy Act, & the UPU Act of 1833.

Specifically citing the following statutes : Rule 15Ga-1 of the Exchange Act of 1934 ( 17 CFR 240.15Ga-1 ) requires asset-backed securitizers to disclose any fulfilled or unfulfilled requests for repurchase or replacement of assets. These disclosures must be made based on breaches of representations or warranties across all securitizations aggregated by the securitizer for the applicable periods. The rule was issued by the SEC pursuant to Section 943 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and its purpose is to provide transparency to the market.

UCC Article 1-103. Construction of Uniform Commercial Code to Promote its Purposes and Policies : Applicability of Supplemental Principles of Law.

( a ) The Uniform Commercial Code must be liberally construed and applied to promote its underlying purposes and policies, which are : ( 1 ) to simplify, clarify, and modernise the law governing commercial transactions ; ( 2 ) to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and ( 3 ) to make uniform the law among the various jurisdictions.

( b ) Unless displaced by the particular provisions of the Uniform Commercial Code, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, and other validating or invalidating cause supplement its provisions.

16 CFR 313.10 - Limits on disclosure of non-public personal information to nonaffiliated third parties.

In Addition to the multiple UCC Article Violations There is no law stating that any transaction, charge-off, late payment, or utilization of an account must be reported. As a federally protected consumer ; XXXX XXXX, XXXX, Equifax, XXXX, XXXX, & XXXX XXXX XXXX  have repeatedly infringed upon my privacy without my consent per the FCRA which states the following violations being reported 1. ) 15 U.S. Code 6802 : Obligations with Respect to Disclosures of Personal Information - Permissible Purposes of Consumer Reports.

2. ) 15 U.S.Code 1681B : In general, any consumer reporting agency may furnish a consumer report only in accordance with the written instructions of the consumer to whom it relates.

3. ) 15 U.S. Code 6801 : Protection of Nonpublic Personal Information.

4. ) 16 CFR 313.7 Form of Opt-Out Notice to Consumers ; Opt-Out Methods.

5. ) 15 U.S.Code 6802 : Obligations with respect to disclosures of personal information 6. ) Failure to Provide Investigative Consumer Report ; 15 U.S. Code 1681A - Definitions ; rules of Construction 7. ) 15 USC 1681 : Congressional findings and statement of purpose 8. ) 15 U.S. Code 1666 ( a ) : Regulation of credit reports 9. ) 15 U.S. Code 1666 ( b ) : Timing of Payments 10. ) Truth In Lending Act Section 163 11. ) 15 U.S. Code 1601 : Congressional findings and statement of purpose 12. ) 15 U.S. Code 1692 ( c ) - Communication in connection with debt collection The aforementioned financial institution, XXXX XXXX, has engaged in the unauthorized disclosure of my personal information to XXXX XXXXXXXX XXXX  in addition to XXXX, Equifax, XXXX, XXXX, & XXXX XXXX XXXX. These violations specifically refer to the furnishing of transaction history, late payments, & charge-offs to consumer reporting agencies without obtaining my written consent. These actions are in direct violation of federal laws and regulations designed to protect consumer privacy. 
To provide context to the situation, my attempts to address this issue directly with XXXX XXXX have been met with disregard and difficulty, lack of cooperation, & inadequate response from XXXX XXXX. I have attached supporting documentation, including a written statement sent to XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, NC XXXX informing them of my concerns of current cases and noticed signs of deceptive practices, also proof of the check sent to me by mail ( which now in hindsight appears to be an act of mail fraud being that security was not sent registered mail ) which i then endorsed by signing. After much careful review I now understand that my action of endorsing that check ( or receivable ) created a financial instrument/promissory note/Security. I have serious suspicion that my application/check/promissory note was securitized and transferred/sold without fully disclosing any fiduciary and/or custodian duties that i may have waived my rights to, unknowingly due to there deceptive practices and possible ambiguity at the time of endorsing the said check. Furthermore, to substantiate my claim Ive attached evidence exhibits [ any relevant documents such as correspondence, screenshots of credit reports exhibiting the unlawful furnishing of non-personal information without my written consent. 

I trust that the Consumer Financial Protection Bureau will handle this matter with the utmost diligence and ensure that justice is served in accordance with federal regulations. I appreciate your attention to this serious issue and am confident that your intervention will bring about a fair resolution. 
Furthermore, I would like to draw your attention to current court cases against XXXX XXXX, such as : XXXX XXXX XXXX XXXX - Filed Complaint XXXX XXXX XXXX XXXX XXXX, XXXX, XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX of XXXX XXXX XXXX XXXX XXXX ) requires asset-backed securitizers to disclose any fulfilled or unfulfilled requests for repurchase or replacement of assets. These disclosures must be made based on breaches of representations or warranties across all securitizations aggregated by the securitizer for the applicable periods. The rule was issued by the SEC pursuant to Section 943 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and its purpose is to provide transparency to the market. ds/2022/08/PA-XXXX Several Complaints are XXXX still being made with the XXXX XXXX XXXX XXXX XXXX XXXX These cases, which involve similar allegations against XXXX XXXX, underscore the systemic nature of the issues at hand and the urgency for regulatory intervention. 
Thank you for your prompt assistance in this matter. I look forward to a timely resolution and your acknowledgement of this complaint.