Consumer complaint received 2023-09-21
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Was not notified of investigation status or results
Company: EQUIFAX, INC. (IL)

I am writing to address my consumer rights under federal privacy laws. While I appreciate your response, it is my firm belief that XXXX XXXX has not only misconstrued its obligations under the Gramm-Leach-Bliley Act ( GLBA ) and the Fair Credit Reporting Act ( FCRA ), but has also colluded with Equifax to blatantly disregard my right to opt out, perpetuating the sharing of my personal information with XXXX. As previously established in my comprehensive analysis, FCRA Section 1681a ( d ) ( 2 ) ( A ) ( I ) explicitly excludes transaction data between myself and XXXX XXXX from being included in a consumer report. This crucially implies that XXXX XXXX is legally prohibited from furnishing this information to consumer reporting agencies. Although XXXX XXXX contends that 15 USC 6802 ( e ) ( 6 ) ( A ) provides a GLBA exception permitting the sharing of my transaction data with consumer reporting agencies, it is essential to clarify that this exception unequivocally states that it only applies when the sharing is in compliance with the FCRA in the first place. Given that XXXX XXXX provided information that is expressly excluded under the FCRA, it did not fulfill the requirements necessary to utilize this exception. Consequently, XXXX XXXX can not rely upon 15 USC 6802 ( e ) ( 6 ) ( A ) and remains bound by the opt-out notice provisions outlined in GLBA Section 6802 ( b ) ( 1 ). Regrettably, XXXX XXXX violated these provisions by denying me my rightful entitlement under federal law to restrict the sharing of my personal information. Furthermore, I have become aware that this private information was shared with the intention of coercively collecting extensions of credit, which constitutes a crime under 18 USC 894. Moreover, by knowingly disseminating false information regarding my federally guaranteed privacy rights under XXXX, XXXX XXXX 's actions amount to an intentional deprivation of my consumer rights as codified under federal law. This constitutes a breach of civil rights statutes designed to safeguard the unobstructed exercise of legal rights. Additionally, the deliberate denial of my privacy rights through deceitful means facilitates the illicit access and utilization of my personal data, aligning with the definition of identity theft under both federal and Washington state laws. These criminal matters demand immediate redress, alongside civil liability considerations. In conclusion, failure to adhere to GLBA, FCRA, and other federal laws also represents a breach of the contractual terms binding XXXX NA to compliance with applicable regulations. Given these grievous violations, I reiterate my request for XXXX XXXX to promptly remove any non-public personal information from my credit file, provide an accurate opt-out notice, and cease any further unauthorized reporting. Regrettably, due to XXXX 's disregard for my previous notice, I have incurred avoidable damages. Should XXXX NA fail to comply with the request made within this notice, I will regrettably have no choice but to file a case in my local small claims court to recover these damages. I remain, however, open to resolving this matter privately and discharging all liabilities incurred, contingent solely upon the immediate deletion of the erroneous information. I kindly request confirmation of the receipt of this notice and your commitment to addressing these violations promptly and without further delay. NOTICE : A signed and notarized copy of this notice has been dispatched via USPS Certified Mail for your reference. Sincerely, XXXX XXXX