Consumer complaint received 2024-02-11
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. (OR)

To whom it may concern regarding my complaint, here is a short list describing only an infinitesimally small number of the violations which have induced my livelihood to that of debtor/XXXX XXXX XXXX and emotional damage resulting in serious harm.

Fair Credit Reporting Act 15 U.S. Code 1681 - Congressional findings and statement of purpose Accuracy and fairness of credit reporting, impartiality and a respect for consumer 's right to privacy.

Reasonable procedures require agencies to meet needs of commerce for consumer credit, personnel, insurance, and other info which is fair and equitable to the consumer with regard to confidentiality, accuracy, and proper utilization in accordance with said requirements.

As you can see there is a need to protect the rights to privacy.

Term consumer means an individual and consumer report means any written, oral, or other communication of info by consumer reporting agency bearing on consumer 's credit worthiness, credit standing, credit capacity, character, general capacity, general reputation, personal characteristics or mode of living.

There is also an exclusion, which is reporting transactional data, and this reporting of transactional data is illegal.

15 U.S. Code 1681b- Permissible purpose of consumer reports.

Any consumer reporting agency may furnish a consumer report under the following circumstances and NO OTHER.

In accordance with the written instructions of the consumer to whom it relates.

They need your written consent to add anything to your consumer report if you did not give this authorization, that is a violation of the Fair Credit Reporting Act.

Public Law 90-321 ( 82 Stat. 146 ) Which is law, a law that backs the code and is even stricter as it states that any agency can only get your report in response to a request by the head of a State of local child support enforcement agency ( or a State or local government official authorized by the head of such and agency ) 15 U.S. Code 1681c- Requirements relating to information contained in 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 : Any other adverse items of information, other than records of convictions of crimes which antedates the report by more than seven years.

No adverse items besides the conviction of crimes should be on your report. Any item that is a derogatory mark is not allowed in consumer reports, this is another violation.

12 CFR 1022.3 Defines Identity Theft to mean a fraud committed or attempted using the identifying information of another person without authority.

Anything added to your report without your written consent could be considered Identity Theft.

15 U.S. Code c-2- Block of information resulting from identity theft.

Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of : 1. appropriate proof of the identity of the consumer ; 2. copy of an identity theft report ; 3. the identification of such information by the consumer ; and 4. a statement by the consumer that the information is not information relating to any transaction by the consumer.

15 U.S. Code 1681e- Compliance Procedures- Identity and purposes of credit users.

Every consumer reporting agency shall maintain reasonable procedures ( **changed from " most accurate '' procedures** ) designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title.

These procedures shall require proper information of identity to verify users to certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title.

( 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.

By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports, they are violating compliance procedures under this title.

15 U.S. Code 1681n - Civil liability for willful noncompliance and 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- ( 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} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; If you can prove they wilfully violated the act, you are entitled to at least 1,000 $ per violation, plus any other damages you have sustained as a result of the failure to follow the law. If you have to file more than 1 complaint, willful noncompliance can easily be proven as they had a full understanding of the violations after you complained the 1st time.

Every company in their agreements with consumers said they would follow the law and agreed to do so. They are aware that they are breaking the law.

15 U.S. Code 1681o - Civil liability for negligent noncompliance, In general ; Any person who is negligent in failing it 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 ) any actual damages sustained by the consumer as a result of the failure.

Negligent noncompliance means the law was violated not on purpose but just due to a lack of knowledge on the required reporting procedures.

15 U.S. Code 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies, ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors.

A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.

( B ) Reporting information after notice and confirmation of errors.

A person shall not furnish information relating to a consumer to any consumer reporting agency if- ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that the specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.

Once you notify the consumer agencies that there is inaccurate information they must immediately stop reporting that information until they can prove that it is valid.

These FCRA violations being violated here are concerning not only the reporting agencies, but the furnishers of information to them.

Privacy Act of 1974 ( 5 U.S. Code 552a ) Important definitions : ( 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 transaction, 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 ; This includes consumer reports.

( b ) Conditions of Disclosure. - No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of the individual to whom the record pertains, unless disclosure of the record would be. ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.

Again, prior written instruction of the individual to whom it relates is required or a violation is being committed.

Section 3711 ( e ) of title 31 States : ( 1 ) When trying to collect a claim of the Government under a law except the INternal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if : ( E ) the head of the agency has established procedures to ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information ; and not only violated the Fair Credit Reporting Act, but also the Privacy Act of 1974.

Opt Out Laws Part 1016 - Privacy of Consumer Financial Information ( Regulation P ) 12 CFR 1016.1 Purpose and scope.

( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by " opting out '' of that disclosure, subject to the exceptions in 1016.13, 1016.14, and 1016.15.\ Every company owes you a privacy notice before they furnish any information to our consumer report.

12 CFR 1016.4 Initial privacy notice to consumers required.

( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An Individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party.

12 CFR 1016.7 Form of opt out notice to consumers : opt out methods.

Section ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 1016.10 ( 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.

( 2 ) Examples ( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply for together with the opt out notice that, in the case of financial institutions described in 1016.3 ( I ) ( 3 ) of this part, includes the address to which the form should be mailed ; ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your Web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out.

( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box provided with the initial notice but did not include with the subsequent notice.

( g ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it.

( h ) Continuing right to opt out, A consumer may exercise the right to opt out at any time.

( i ) Duration of consumer 's opt out direction.

( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically.

15 U.S. Code 6802 - Obligation with respect to disclosures of personal information.

( a ) Notice requirements.

Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third part and nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.

( 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 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.

Once again, an OPT OUT NOTICE must be given for anything that is added to your consumer report.

15 U.S. Code 6805 - Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed there under shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law.

You have the right to opt out of anything on your report at any time and the companies must comply as soon as reasonably practicable after you send them a notice. They have given unreasonable means to opt out so you will have to write your own letter directing them to stop reporting in accordance with the laws listed above.