Consumer complaint received 2024-02-02
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. (PA)

I am writing to file a formal complaint against XXXX regarding my XXXX loans with account number XXXX. I have recently received a 1099-C Copy B from the IRS, which clearly indicates a discharge of debt, yet XXXX continues to report an outstanding balance on my credit report. Additionally, there are several violations of federal laws and regulations that have occurred in relation to the handling of my XXXX loan information and credit reporting. 

The 1099-C Copy B provided by the IRS indicates that there has been a discharge of debt related to my XXXX loans. This discrepancy indicates fraudulent activity and misinformation on my credit report. I have provided a picture of the Copy-B in the attached documents. 

XXXX has violated the Privacy Act of 1974 and the Family Educational Rights and Privacy Act ( FERPA ) rights according to laws and statutes in regards to the privacy of my student education records. Per FERPA, no unauthorized third-parties should have any supposed educational record and report them to data furnishers of any sort. FERPA is a federal law enacted in 1974 that protects the privacy of XXXX education records. FERPA applies to any public or private elementary, secondary, or post-secondary school. 20 USC 1232g ( b ) stipulates that 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 [ subject to 12 exceptions ]. 5 U.S.C. 552a ( b ) states, 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. As a consumer, I was never given notice or authorized the transmission of my personal identifiable information. 

XXXX has reported an outstanding balance on my credit report without my consent. 
Consumer reporting agencies such as XXXX and Equifax have furnished information related to my XXXX loans without my written consent, violating 15 USC 1681 ( s-2 ). 
XXXX and the consumer reporting agencies have failed to inform me of my right to exercise my nondisclosure option, as required by 15 USC 6802. The reporting of an adverse item of information without my permission, as stated in 15 USC 1681C ( a ) ( 5 ), is a violation of the FCRA. XXXX has furnished inaccurate information to consumer reporting agencies, as outlined in 15 USC 1681s2 ( A ) ( 1 ). XXXX and consumer reporting agencies such as XXXX and Equifax have failed to maintain reasonable procedures designed to avoid violations of the FCRA and to limit the furnishing of consumer reports to the purposes listed under section 1681b of the FCRA, as required by 15 USC 1681e. In addition, XXXX has failed to inform me of my right to opt out of their reporting services, as outlined in 12 CFR 1016.7.

In light of the above violations and discrepancies, I request that the Consumer Financial Protection Bureau investigate this matter thoroughly and take appropriate action against XXXX and the consumer reporting agencies involved. I also request that XXXX rectify the inaccurate information on my credit report and cease any further reporting of my XXXX  loan information without my explicit consent. 

Thank you for your attention to this matter. I look forward to a prompt resolution.