Consumer complaint received 2024-06-05
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. (TX)

XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, EQUIFAX INC., XXXX XXXX and XXXX XXXX XXXX XXXX XXXX have failed to assure maximum possible accuracy when preparing my consumer report. 15 U.S. Code 1681e ( b ). 

The consumer was not given an opportunity to direct that his social security number and other personally identifiable financial information not be disclosed. 15 U.S. Code 6802. 
XXXX XXXX ; XXXX XXXX, XXXX XXXX XXXX; XXXX XXXX XXXX ; XXXX XXXX XXXX ; XXXX XXXX ; Shared the consumers personally identifiable financial information without statutorily required notice. 15 U.S. Code 6801. 
The consumer was not given an opportunity to direct that his social security number and other personally identifiable financial information not be disclosed. 15 U.S. Code 6802. 
XXXX XXXX ; XXXX XXXX XXXX XXXX XXXX; XXXX XXXX XXXX ; XXXX XXXX XXXX ; XXXX XXXX ; are conspiring with XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, EQUIFAX INC., XXXX XXXX and XXXX XXXX XXXX, XXXX to oppress the consumer for the nonpayment of an alleged extension of credit. 18 U.S. Code 894.

15 U.S. Code 1681 ( a ) ( b ) Congressional findings and statement of purpose The Congress makes the following findings : ( a ) Accuracy and fairness of credit reporting ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.

( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.

( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy.

( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter.

15 U.S. Code 1681e - Compliance procedures ( 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.

15 U.S. Code 1681a ( 2 ) ( i ) - Definitions ; rules of construction ( 2 ) Exclusions. Except as provided in paragraph ( 3 ), the term consumer report does not include ( i ) report containing information solely as to transactions and experiences between the consumer and the person making the report.

15 U.S. Code 1692 ( d ) - Congressional findings and declaration of purpose ( d ) Interstate Commerce Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce.

15 U.S. Code 6801 - Protection of nonpublic personal information ( 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.

( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.

15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice Requirements ( 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.

16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.

433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.

In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

18 U.S. Code 894- Collection of extensions of credit by extortionate means ( a ) Whoever knowingly participates in any way, or conspires to do so, in the use of any extortionate means ( 1 ) to collect or attempt to collect any extension of credit, or ( 2 ) to punish any person for the non repayment thereof, shall be fined under this title or imprisoned not more than 20 years, or both.

( b ) In any prosecution under this section, for the purpose of showing an implicit threat as a means of collection, evidence may be introduced tending to show that one or more extensions of credit by the creditor were, to the knowledge of the person against whom the implicit threat was alleged to have been made, collected or attempted to be collected by extortionate means or that the non repayment thereof was punished by extortionate means.

( c ) In any prosecution under this section, if evidence has been introduced tending to show the existence, at the time the extension of credit in question was made, of the circumstances 18 U.S. Code 1028A ( a ) ( c ) ( 4 ) - Aggravated identity theft ( a ) Offenses.

( 1 ) In general.

Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years ( c ) Definition.For purposes of this section, the term felony violation enumerated in subsection ( c ) means any offense that is a felony violation of ( 4 ) any provision contained in this chapter ( relating to fraud and false statements ), other than this section or section 1028 ( a ) ( 7 ) ; The following accounts are reporting inaccurate experiences and transactions on my consumer report and must be removed. 
XXXX XXXX ; XXXX XXXX Account No. : XXXX XXXX The date opened, date of last activity, date of last payment, and payment status is incorrectly being reported by XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, EQUIFAX INC., XXXX XXXX and XXXX XXXX XXXX XXXX XXXX. 
XXXX XXXX XXXX; XXXX XXXX XXXX Account No. : XXXX XXXX The date opened, date of last activity, date of last payment, and payment status, and past due balance is incorrectly being reported by XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, and EQUIFAX INC. 
XXXX XXXX XXXX ; XXXX XXXX Account No. : XXXX XXXX The date opened, date of last activity, date of last payment, and payment status is incorrectly being reported by XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, EQUIFAX INC., XXXX XXXX and XXXX XXXX XXXX XXXX XXXX. 
XXXX XXXX ; XXXX XXXX, XXXX XXXX XXXX; XXXX XXXX XXXX, XXXX XXXX XXXX ; XXXX XXXX, do not possess a valid contract endorsed by the consumers wet signature. 15 U.S. Code 78cc. Provisions of this section merely supplements the rule of tort law imposing liability on persons causing damage by violating statute. E.F. Hutton & Co. v. Brown, S.D.Tex.1969, 305 F.Supp. 371. Securities Regulation XXXX XXXX XXXX ; XXXX XXXX, XXXX XXXX XXXX; XXXX XXXX XXXX,, XXXX XXXX XXXX ; XXXX XXXX shared the consumers social security number which is personally identifiable financial information with third parties XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, EQUIFAX INC., XXXX XXXX, and XXXX XXXX XXXX, XXXX without required disclosures, and the authorization of the consumer. Agencies ' definition of personally identifiable financial information '' in promulgating regulations under GrammLeachBliley Act was not arbitrary and capricious, where regulations focused on protecting information that consumers were required to provide in order to obtain financial services, rather than information that was volunteered for other purposes, such as sweepstakes. 5 U.S.C.A. 706 ( 2 ) ( A ) ; GrammLeachBliley Act, 509 ( 4 ) ( A ), 15 U.S.C.A. 6809 ( 4 ) ( A ) ; 16 C.F.R. 313.3 ( o ) ( 1 ).

Individual Reference Services Group , Inc. v. F.T.C., 2001, 145 F.Supp.2d 6, affirmed 295 F.3d 42, 353 U.S.App.D.C. 42, rehearing denied. Finance, Banking, And Credit 1693