Consumer complaint received 2024-05-16
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. (CA)

The Fair Credit Reporting Act ( 15 USC 1681 ), Section 602 underscores the necessity for consumer reporting agencies to fulfill their duties with fairness, impartiality, and regard for consumers ' privacy rights. Equifax operating as a consumer reporting agency, is obligated to adhere to these principles. As a consumer, I possess the right to protect my private information, as reinforced by 15 USC 6801, which mandates financial institutions to safeguard customer privacy and confidentiality. 

According to 15 USC 1681, Section 604, a consumer reporting agency may only provide a consumer report with explicit written consent from the individual in question. Equifax, XXXX, and any financial institution ( referred to as the " Furnisher of information to credit agencies '' ) lack my consent to disclose this information, especially written consent. Thus, any prior consent, whether verbal, non-verbal, or implied, is hereby revoked. 

Furthermore, as outlined in 15 USC 6802 ( b ) ( c ), financial institutions must inform consumers of their right to opt out of disclosing information to nonaffiliated third parties. However, the " Furnisher of information to credit agencies '' failed to offer me this option. Additionally, 15 USC 1681C ( a ) ( 5 ) prohibits consumer reporting agencies from including adverse information in consumer reports without authorization, a violation committed by Equifax and XXXX. 

Additionally, 15 U.S. Code 1681s2 ( A ) ( 1 ) prohibits furnishing inaccurate consumer information to consumer reporting agencies, while 15 U.S. Code 1681e mandates consumer reporting agencies to maintain reasonable procedures to prevent violations and restrict the use of consumer reports to authorized purposes. Equifax is falling short of these standards.

Moreover, 12 CFR 1016.7 ensures consumers the right to opt out of reporting services at any time, which I am now exercising. 

In addition, under the Privacy Act of 1974 ( 5 U.S. Code 552a ), agencies are prohibited from disclosing records without written consent from the individual, except under specific conditions, which were not met in this instance. The violation of both the Fair Credit Reporting Act and the Privacy Act of 1974 is evident.

Important Definitions from 15 U.S. Code 1681a : A " consumer reporting agency '' is any entity engaged in assembling or evaluating consumer credit information for furnishing consumer reports to third parties. 
A " consumer '' refers to an individual. 
A " consumer report '' encompasses any communication of information by a consumer reporting agency relating to a consumers creditworthiness, character, or lifestyle. 
Exclusions from consumer reports include reports solely containing information on transactions or experiences between the consumer and the reporting entity.

15 U.S. Code 1681b - Permissible purposes of consumer reports : Consumer reporting agencies may furnish reports only as per the written instructions of the concerned consumer. Any addition to the consumer report without explicit authorization violates the Fair Credit Reporting Act.

P.L 90-321 ( 82 Stat. 146 ) specifies that agencies can access consumer reports only upon request from designated government authorities, further emphasizing the strict legal framework.