Consumer complaint received 2024-04-01
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. (FL)

I, the consumer, recently received my credit report and discovered several violations of public and federal law regarding my private information. Reporting transaction history, which is also known as nonpublic personal information, is illegal, and I have the right to ensure that my private information is not shared or marketed. Pursuant to PUBLIC LAW 106102, Title 5, subsection 501, known as the GRAMMLEACHBLILEY ACT, An act to enhance competition in the financial services industry by providing a XXXX framework for the affiliation of banks, securities firms, insurance companies, and other financial service providers, and for other purposes. Further amended by the XXXX XXXX XXXX XXXX AND CONSUMER PROTECTION ACT, An act to promote the financial stability of the United States by improving accountability and transparency in the financial system, to end too big to fail, to protect the American taxpayer by ending bailouts, to protect consumers from abusive financial services practices, and for other purposes. This has been codified in 15 United States Code 6801 subsection ( a ) - Protection of nonpublic personal information, which states 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. Any and all consent to XXXX XXXX XXXX, whether it be verbal, non-verbal, written, implied, or otherwise, has been revoked. By definition XXXX XXXX XXXX is a financial institution and by definition of XXXX XXXX XXXX terms and conditions, Equifax and XXXX are nonaffiliated third parties. According to the Fair Credit Reporting Act, which has been codified in 15 United States Code 1681 section 602 which states " There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' 15 United States Code 1681 section 602 also states 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. Equifax and XXXX are consumer reporting agencies, and I am the consumer. According to the credit report I received Equifax and XXXX could not possibly be reporting accurate information if they are not reporting the same information. Furthermore, 15 United States Code 1681c subsection ( a ) paragraph ( 5 ) states " 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 item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting and marketing without my permission, which is damaging my right to extend credit and resulting in lost hope and trust in the banking system. My character has not only been defamed, but my mental and physical health has suffered greatly. Additionally, 15 United States Code 1666b ( a ) states A creditor may not treat a payment on a credit card account under an open-end consumer credit plan as late for any purpose unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. XXXX XXXX XXXX, the reported creditor of my open end consumer credit plan, right to report any payments regardless of the time frame has been already been revoked. In summary, 15 United States Code 1681e states " Every consumer reporting agency shall maintain reasonable 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. Equifax and XXXX are not maintaining reasonable procedures. I expect this matter to be resolved immediately. The Privacy Act of 1974, codified 15 U.S. Code 522a, subsection 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, unless disclosure of the record would beto a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable.