Consumer complaint received 2024-09-16
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. (TN)

I am writing to formally express my serious concerns regarding the practices of Equifax, XXXX, and XXXX ( collectively referred to as the Credit Bureaus ). The practices of these agencies appear to undermine consumer rights and violate several federal laws and regulatory standards. 

Violations of Federal Law and Regulatory Standards Discrimination and Unfair Practices ( 15 USC 1691 ( a ) ( 3 ) ) It is unlawful for any creditor to discriminate against an applicant due to their good faith exercise of rights under credit laws. My credit reputation and creditworthiness are being unjustly harmed due to the misuse of my credit under permissible purposes, resulting in undue adverse actions. 

False Reporting and Securities Fraud I have identified instances where my reputation has been negatively impacted due to unauthorized and incorrect reporting. Specifically, accounts with transaction histories spanning over XXXX years are reported with XXXX balances but have not been updated as " account closed by consumer. '' This misreporting is misleading and potentially constitutes securities fraud, suggesting private ledger activity that I did not consent to or benefit from. 

Inaccurate Reporting and Unauthorized Hard Inquiries ( 15 USC 1681b ) Under 15 USC 1681b, consumer reporting agencies must limit the furnishing of reports to permissible purposes only. I have discovered over XXXX promotional soft inquiries on my credit reports, none of which were initiated by me. Each bureau must provide written consent for these inquiries. Additionally, all derogatory remarks and outdated balance information must be corrected to reflect " current '' or " paid as agreed '' statuses. 

Unauthorized Use and False Pretenses ( 15 USC 6821b ) The Credit Bureaus have reported numerous promotional inquiries without my authorization, in violation of 15 USC 6821b, which prohibits obtaining customer information under false pretenses. I demand immediate removal of all unauthorized inquiries and a detailed explanation of the permissible purposes for each. 

Noncompliance with Privacy Regulations ( Gramm-Leach-Bliley Act ) The Gramm-Leach-Bliley Act restricts the sharing of nonpublic personal information with nonaffiliated third parties without proper opt-out notices. The Credit Bureaus ' practices, including the dissemination of such information without proper consent, constitute violations of these regulations. Immediate cessation of such practices and correction of any shared information is required. 

Criminal and Civil Liabilities ( 15 USC 6823 ) The Credit Bureaus are potentially in violation of 15 USC 6823, which imposes criminal penalties for knowingly violating laws related to customer information. Their continuous illegal practices warrant scrutiny and possible legal action to address the harm caused.

Violations of Education Privacy ( 20 U.S. Code 1232g ) I have identified inaccuracies in education records reported by the Credit Bureaus. According to 20 U.S. Code 1232g, educational agencies or institutions are prohibited from releasing personally identifiable information from education records without proper consent. Immediate removal of all student loan information from my reports is required to rectify this violation.

Breach of Purchase Money Loan Regulations ( 16 CFR 433.1 ) I received a purchase money loan, defined under 16 CFR 433.1 ( d ) as a cash advance in return for a finance charge, applied to a purchase of goods or services. The Credit Bureaus practices involving such loans must comply with the Truth in Lending Act and Regulation Z, which has not been adhered to in my case. 

Requests for Immediate Action Cease and Correct Unauthorized Reporting Update all inaccurate student loan information to " paid as agreed '', and remove all related utilization and financial transaction histories. 
Remove all hard inquiries as they are in the scope of permissible purposes. 
Remove all inaccurate and outdated information from all credit reports, including all financial transaction histories, utilization balances and derogatory remarks. 
Update the status of XXXX XXXX XXXX  to " closed by consumer '', XXXX XXXX XXXX XXXX XXXX to " paid as agreed '' & remove all related utilization and financial transaction histories. 

Provide Written Consent Records Supply written consent for each promotional inquiry and confirm that such inquiries were conducted under permissible purposes. 
Provide the written consent given by me specifying that the source agency had permission to provide records containing personally identifiable information to any of the Credit Bureaus, including their affiliates, non-affiliates, and third parties. 

Revise Opt-Out Procedures Implement a legally compliant opt-out procedure allowing consumers to effectively prevent their information from being disclosed to nonaffiliated third parties. 
Rectify Reporting Practices Ensure that all financial transaction history and credit reporting practices adhere to legal requirements for accuracy, timeliness, and completeness in the future.

Conclusion The Credit Bureaus ongoing violations are causing significant harm and unfair treatment. Immediate action is required to rectify these issues and ensure compliance with federal regulations. They are failing to adhere to these requirements by reporting irrelevant and inaccurate information without proper verification. This neglect causes significant harm to individuals by perpetuating unfairness and inaccuracies. 

Thank you for your attention to this matter. I look forward to your prompt response and the necessary corrective actions.