Consumer complaint received 2024-09-07
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. (VA)

Subject : Violation of Consumer Protection Laws : CFPB Failure to Enforce Statutory Rights Against EXQ, XXXX, and XXXX I am submitting a formal complaint against the Consumer Protection Bureau ( CFPB ) for failing to enforce federal consumer protection laws against Equifax ( EXQ ), XXXXXXXX XXXX XXXX XXXX & XXXX XXXX XXXX XXXX ( XXXX ), despite multiple complaints regarding unauthorized reporting of my personal information. 
Background : As a federally protected consumer, I have the right to ensure my personal information is handled per federal laws. However, EXQ, XXXX, & XXXX have reported an account without my consent, violating my statutory rights. I have repeatedly requested proof of consent to this reporting, but none have provided such proof. Despite contacting the CFPB, no enforcement action was taken. 
Jurisdiction of CFPB Over CRAs : The CFPB has direct jurisdiction over CRAs such as EXQ, XXXX, and financial institutions like XXXX ( 15 U.S.C. 6805 ). The CFPB is responsible for enforcing compliance with FCRA, GLBA, and the Privacy Act of 1974. These laws ensure CRAs protect consumers nonpublic personal information and maintain accurate reporting.

Failure of CFPB to Enforce Permissible Purpose Laws : Despite the CFPB 's statutory duty, it has failed to enforce 15 U.S.C. 1681b, which mandates that consumer information can only be reported with written consumer consent or for permissible purposes. I have repeatedly requested proof of my consent to this reporting, but no such proof has been provided. The CFPB has not taken the necessary action to stop these unlawful practices. 
Failure to Enforce Opt-Out Rights : Under 16 C.F.R. 313.7, I have the right to opt out of nonpublic information being shared with third parties. Despite this, EXQ, XXXX, & XXXX continue to report my information without offering me an option to opt out, violating 15 U.S.C. 6802. The CFPB has ignored its responsibility to enforce these protections, allowing these companies to continue violating my rights.

CFPBs Role in Protecting Consumer Rights : Per 15 U.S.C. 6801 ( GLBA ), financial institutions and CRAs must protect the confidentiality of nonpublic personal information. EXQ, XXXX, & XXXX have failed to comply, reporting my information without proper consent. The CFPB, responsible for overseeing and enforcing this protection, has neglected its responsibility to act. 
Violation of Privacy Act of 1974 : The Privacy Act of 1974 ( 5 U.S.C. 552a ) ensures that personal information, including SSNs, is handled with strict confidentiality. EXQ, XXXX & XXXX have reported my SSN without my consent, violating this federal law. The CFPB has failed to enforce the Privacy Act, allowing these companies to breach my privacy rights. 
Precedent and Accountability : In similar cases, such as FTC v. XXXX XXXX XXXX, courts have ruled that CRAs and financial institutions must comply with federal laws. The CFPB has the legal obligation to enforce such rulings. Failure to do so not only disregards federal statutes but also sets a dangerous precedent for future violations. 
Harm and Urgency : These unlawful reporting practices have caused significant financial and emotional harm, including a decline in my credit score, denial of credit, and continued privacy violations. This issue has been ongoing since XXXX, and immediate action is necessary to prevent further damage. 
Company Policies Do Not Supersede Federal Law : When I contacted EXQ, XXXX, & XXXX regarding this issue, they claimed their policies allowed them to report my information without consent and that the laws protecting my opt-out rights do not apply. This is untrue. Federal laws such as the FCRA, GLBA, and the Privacy Act supersede internal policies. The CFPBs failure to act allows these companies to continue violating my rights. 
Breach of Statutory Duty : The CFPB has a legal responsibility to enforce consumer protection laws. By neglecting its duty to act against the violations committed by EXQ, XXXX, & XXXX, the CFPB has breached its statutory duty under federal law. This breach allows ongoing harm to consumers, undermining the integrity of these legal protections. 
CFPBs Inaction and Breach of Duty : The CFPB, mandated by Congress to enforce these laws, has failed in its duty. Should the CFPB continue to fail in enforcing these laws, I will explore additional legal remedies to compel enforcement and protect my rights. I reserve the right to escalate this issue to congressional representatives for oversight and raise public awareness through consumer protection groups and media channels. 
Conclusion : The CFPBs failure to act has allowed EXQ, XXXX, & XXXX to continue violating federal consumer protection laws. I am formally requesting the CFPB immediately enforce the relevant statutes, cease the continued reporting of my information, and impose the necessary sanctions. If the CFPB fails to take immediate action, I will pursue further steps, including legal action and escalating this issue to Congress and the public. See CFPB complaint # XXXX the last time these issues were brought to your attention and the policies not enforced. At that time it appears that the CFPB was engaging in an abrogation of responsibility. I trust that this will not be the case in this instance, as I expect the CFPB to fulfill its mandated duties. Should the CFPB fail to take appropriate action, I will pursue all available avenues to ensure accountability and enforcement of my rights under federal law.