Consumer complaint received 2024-04-28
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. (FL)

*****Applicable Laws that pertain to complaint*****Per 15 US Code 1681 ( c ) The term consumer means an individual. 5 U.S. Code 552a - Records maintained on individuals ( a ) defines, for purposes of this section ( 1 ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. According to 15 US Code 1681e - ( b ) Accuracy of report, whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. Additionally, per 15 U.S. Code 1681b - Permissible purposes of consumer reports, section ( a ) In general, subject to subsection ( c ), 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. 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports ( a ) Information excluded from consumer reports, Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : ( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. Part 1016 Privacy of Consumer Financial Information ( Reg P ) also discusses, consumer right to opt out ( 1016.7 ( a ) ( iii ) and covers how furnishers are to give reasonable means to which a consumer can opt out right. 15 US Code 6802 ( b ) states that financial institutions can not disclose nonpublic personal information unless they give consumer an explanation on how they can exercise the non disclosure option. 15 US Code 6805 discusses enforcement by the CFPB of these regulations. **********COMPLAINT**********Consumer has the right to opt out of anything at any time and companies must comply when reasonably practical after receiving the notice from consumer of opt out. Reporting agencies, XXXX and EQUIFAX are using consumer records improperly by reflecting tradeline item reported by furnisher, XXXX XXXX XXXX, on consumers record. The furnishing company never informed consumer on how consumer could properly use the nondisclosure option. Consumer requested the removal of this item, on XXXX, and it is still be reported, each month, which is a violation of the FCRA and The Privacy Act of 1974 and causing damages to consumer via record and well-being. Per law above, reporting agencies are to ensure the privacy of consumers and this is not happening, at this time. None of the companies in complaint have consumers verbal or written permission to disclose nonpublic personal information about consumer on any record, especially adverse information. As of XXXX, XXXX and EQUIFAX continue to improperly reflect the account on the consumers record. This is willful non-compliance and under 1681n, section discuses that in general, any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; Consumer is requesting this inaccurate tradeline be removed immediately or {$1000.00} for every month the violation continues.