Consumer complaint received 2024-02-08
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. (CA)

It has come to my attention that after pulling my credit report, there are illegal transactions/ Late payments reporting on my credit report. This is NOT a request to validate this information, but rather, a request to update the illegal reporting late payments to " Paid as agreed '' and any reporting transaction balances shall be updated to {$0.00}, as this information has not been authorized by the consumer.

Congress finds that there is a need to ensure that consumer reporting agencies exercise their graver responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. 

15 U.S. Code 1681a - Definitions ; rules of construct, states that : ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s-3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; These transactions consist of any payments or lack there of, as well as any reporting balances on the accounts listed herein. This is all considered nonpublic personal information that is not included in a consumer report.

Furthermore, the law states that no creditor may treat a payment on a credit card account under an open end consumer credit plan as late for any purpose unless reasonable procedures are adopted. I requested from these companies, the reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of 15 U.S. Code 1666b - Timing of payments, is mailed or delivered to the consumer not later than 21 days before the payment due date. This information has not been provided to me. 

Also, under 15 U.S. Code 1681b - Permissible purposes of consumer reports, 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. XXXX, XXXX and Equifax do NOT have my written or oral consent to report such information. 

I did not receive any correspondence giving me notice that such information may be reported and I was not given the opportunity to direct that such information not be reported. According to 12 CFR 1016.7 - Form of opt out notice to consumers ; opt out methods, I the consumer, was supposed to receive an Opt-Out notice which conspicuously includes the information listed below : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a non-affiliated third party ; ( ii ) That the consumer has th

e right to opt out of that disclosure ; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. Since this information is reporting illegally according to the listed laws above, I am requesting that the transactions and Late payments rep
orting on my credit report be updated to paid as agreed considering that I, the consumer, did not receive proper opt-out notices from your company in order to direct that this information not be reported. Please review the listed accounts below for the account information as well as the transaction dates and balances that are illegally reporting.