Consumer complaint received 2023-12-26
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: EQUIFAX, INC. (TX)

I've sent multiple letters to the credit reporting agencies and financial institutions regarding my right to opt-out of reporting according to 15 USC 1681b , 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.

Privacy Act 1974 he Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consen
t of the individual, unless the disclosure is pursuant to one of twelve statutory exceptions. The Act also provides individuals with a means by which to seek access to and amendment of their records, and sets forth various agency record-keeping requirements.

15 USC 6802 and 6805 ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.

16 CFR 313.7 Form of opt out notice to consumers ; opt out methods.

( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. 

However XXXX, XXXX, Equifax, XXXX XXXX XXXX, and XXXX XXXX have continuously reported my information from financial institutions and should be held accountable because I exercised my right to opt-out XX/XX/XXXX. 

I also noticed that multiple accounts have been reported as " charged off '' which is considered a certificate of indebtedness, meaning it is considered as income and should NOT be reported according to 15 USC 1681c ( 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 : ( 3 ) Paid tax liens which, from date of payment, antedate the report by more than seven years.

( 4 ) Accounts placed for collection or CHARGED to profit and loss which antedate the report by more than seven years.

( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.

My rights as a consumer have been violated and I would appreciate this manner be investigated again and actually corrected this time. Thank you!