Consumer complaint received 2024-05-21
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. (CA)

According to the Fair Credit Reporting Act ( FCRA ) 15 USC 1681 section 602 ( a ), consumer reporting agencies are mandated to perform their duties with fairness, impartiality, and a deep respect for consumer privacy rights. As a consumer reporting agency, Equifax is obligated to protect my private information. This critical responsibility is underscored by 15 USC 6801, which asserts that each financial institution has an ongoing duty to respect the privacy of its customers and to safeguard the security and confidentiality of their nonpublic personal information.

Entities that provide information to credit agencies, classified as financial institutions under this law, must adhere to 15 USC 1681 section 604 ( a ) ( 2 ). This section clearly states that consumer reporting agencies can only furnish consumer reports under specific circumstances, primarily with written instructions from the consumer. Equifax, along with the furnishers of information to credit agencies, does not have my explicit consent to share my personal information. Any previous consent, whether explicit or implied, is hereby revoked and considered null and void. 

Moreover, 15 USC 6802 ( b ) ( c ) prohibits financial institutions from disclosing nonpublic personal information to nonaffiliated third parties without first informing the consumer of their right to opt out of such disclosures. The furnisher of information to credit agencies failed to inform me of this right, thereby neglecting to comply with the legal requirements. Additionally, 15 USC 1681C ( a ) ( 5 ) explicitly forbids consumer reporting agencies from including adverse information in consumer reports without proper authorization. This means that any adverse information reported without my consent is in direct violation of the law.

Furthermore, under 15 U.S. Code 1681s2 ( A ) ( 1 ) and 1681e, entities are expressly prohibited from furnishing inaccurate information to consumer reporting agencies. These sections also require the maintenance of reasonable procedures to avoid violations of the FCRA, particularly sections 1681c and 1681b. Equifax 's failure to uphold these procedures and ensure compliance with the FCRA indicates a serious breach of its legal obligations.

Lastly, according to 12 CFR 1016.7, consumers have the right to opt out of reporting services at any time. This regulation allows consumers to exercise their rights to privacy and control over their personal information. Therefore, I hereby exercise my right to opt out of your reporting services. This notice serves as a formal declaration of my decision to revoke any and all consents, permissions, or authorizations previously given to Equifax, whether they were verbal, written, or implied. 

By opting out, I expect Equifax to immediately cease and desist from any further reporting or sharing of my personal information. This action is taken to ensure the protection of my privacy and to uphold my rights under the FCRA and related privacy laws. I trust that Equifax will honor this request promptly and comply with all applicable legal requirements to safeguard my personal information.