Consumer complaint received 2024-08-09
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Account information incorrect
Company: EQUIFAX, INC. (GA)

Complainant : XXXX XXXX Account Number : XXXX XXXX XXXX : XXXX XXXX XXXX XXXX Introduction I am writing to file a complaint against XXXX, Equifax, XXXX, and XXXX XXXX XXXX XXXX for violating the Fair Debt Collection Practices Act ( FDCPA ), the Fair Credit Reporting Act ( FCRA ), the Consumer Financial Protection Act ( CFPA ), the Privacy Act of 1974, and the Gramm-Leach-Bliley Act ( GLBA ).

Violation of the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S.C. 6802.

I am the owner of account number [ XXXX ] at XXXX XXXX XXXX XXXX. On XX/XX/XXXX, I submitted a written request to the credit union to opt out of sharing my personal information for marketing purposes, debt collection, and credit reporting. A copy of this letter is attached as proof of my request. 

Despite my clear request, XXXX XXXX XXXX XXXX has continued to share my personal information with third parties for these purposes. This action is in direct violation of my rights under 15 U.S.C. 6802, which prohibits financial institutions from sharing nonpublic personal information with nonaffiliated third parties unless the consumer has explicitly opted out.

Furthermore, the credit union 's actions violate the regulations implementing the FCRA, specifically 12 CFR Part 1022. This regulation outlines the consumer 's right to opt out of information sharing and the financial institution 's obligation to honor that request.

As a result of the credit union 's actions, I have suffered damages, such as unsolicited marketing calls, debt collection attempts, negative impact on credit score, as well as the inability to gain a bank account to further establish my business and personal financial ventures.

Violation of the Fair Debt Collection Practices Act ( FDCPA ) - 15 U.S.C. 1692 XXXX XXXX XXXX XXXX has violated the FDCPA by continuing to report a charged-off account as a debt, despite the Internal Revenue Service ( IRS ) classifying it as income and requiring a 1099-C form. I never received a 1099-C from XXXX XXXX XXXX XXXX for the cancelled debt of { {$4400.00} } in order to file as ordinary income. This action constitutes inaccurate and misleading reporting and is a clear violation of the FDCPA 's prohibition against false or misleading representations. Section 108 of the Internal Revenue Code deals with the tax implications of debt forgiveness. Generally, when a debt is forgiven, it's considered income, and you typically owe taxes on that amount. 
Violation of the Fair Credit Reporting Act ( FCRA ) - 15 U.S.C. 1681 By reporting inaccurate information about the charged-off account, XXXX XXXX XXXX XXXX has violated the FCRA, which mandates that consumer reports contain accurate, relevant, verifiable, and current information. The credit union 's failure to correct the information upon notification of the IRS classification as income constitutes a violation of the FCRA. 

Violation of the Consumer Financial Protection Act ( CFPA ) - 12 CFR 31.3 XXXX XXXX XXXX XXXX 'S actions also violate the CFPA 's prohibition against unfair, deceptive, or abusive acts or practices. By continuing to report the charged-off account as a debt, the credit union is engaging in deceptive conduct that harms consumers. 

Violation of the Privacy Act of XXXX  XXXX XXXX XXXX XXXX has violated the Privacy Act of XXXX  by improperly disclosing my personal information to credit reporting agencies, specifically XXXX, XXXX, and Equifax. The IRS classification of the account as income indicates that the account should not be treated as a debt, and its continued reporting raises questions about the credit union 's data handling practices. Despite my right to opt out of such disclosures as outlined in the credit union 's Terms and Agreements ( a copy of which is attached ), this right has been disregarded. Furthermore, the credit reporting agencies have engaged in inaccurate reporting of the charged-off account, which has caused significant harm to my credit score and financial well-being. 

Violation of the Fair Credit Reporting Act ( FCRA ) - Section XXXX XXXX XXXX XXXX XXXX has also violated Section 624 of the FCRA by sharing my personal information with XXXX, XXXX, and Equifax for marketing purposes without providing proper notice and the opportunity to opt out. 

Violation of the Gramm-Leach-Bliley Act ( GLBA ) By sharing my personal information with XXXX, XXXX, and Equifax, XXXX XXXX XXXX XXXX has violated the Gramm-Leach-Bliley Act by failing to provide adequate notice and the right to opt out of such information sharing, especially when it is in fact inaccurate. 

Violation of the Preservation of Consumers ' Claims and Defenses Rule - 16 CFR 433.2 XXXX XXXX XXXX XXXX, as a holder of this consumer credit contract, is subject to all claims and defenses that I could assert against the original seller of goods or services obtained with the proceeds of this contract. By continuing to collect on this fraudulently opened account and reporting inaccurate information, XXXX XXXX XXXX XXXX is violating 16 CFR 433.2.

Request for Relief I request that the CFPB investigate this matter and take appropriate action against XXXX XXXX XXXX XXXX, including but not limited to : - Requiring the credit union to remove the inaccurate information on my credit report. 
- Imposing civil penalties on the credit union for violating consumer protection laws.

- Providing restitution to consumers harmed by the credit union 's actions.

I am available to provide additional information or documentation as needed. 

I have attached Copy of XXXX XXXX XXXX XXXX Membership and Account Agreement, as well as copies of my current credit reports from XXXX, and Equifax as evidence of the dishonor of their own terms and conditions, and overall inaccurate reporting on behalf of all XXXX companies. I request that the CFPB investigate this matter and require the credit reporting agencies to remove this account from my reports due to their lack of verifying the accuracy of the information being reported by XXXX XXXX XXXX XXXX. 

Attachments : Copy of XXXX XXXX XXXX XXXX Terms and Agreements Copy of Letter Sent to Invoke Right to Opt Out Copy of Current Credit Report from XXXX Copy of Current Credit Report from Equifax Copy of IRS Article Showing a Charge-Off is Income and Not Debt Thank you for your attention to this matter. 

Sincerely, XXXX XXXX