Consumer complaint received 2023-12-21
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. (DE)

XXXX, XXXX, Equifax, are all in violation of The Fair Credit Reporting Act of XXXX. 

Please find listed below all said violations ; 1. Hard inquiries on my consumer credit report 2. Selling my consumer credit information to third parties and solicitation of my credit information without giving me the opt out option.

3. Retaining charge offs on my consumer credit report.

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

Definition - nonpublic personal information ( 4 ) Nonpublic personal information ( A ) The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer; or ( iii ) otherwise obtained by the financial institution. ( B ) Such term does not include publicly available information, as such term is defined by the regulations prescribed under section 6804 of this title. ( C ) Notwithstanding subparagraph ( B ), such term ( i ) shall include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived using any nonpublic personal information other than publicly available information; but ( ii ) shall not include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived without using any nonpublic personal information. 
*16 CFR 313.7 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information 15 U.S. Code 1681 - Congressional findings and statement of purpose ( a ) ACCURACY AND FAIRNESS OF CREDIT REPORTING. The Congress makes the following findings : ( 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. 
3 ) CONDITIONS ON USE FOR ADVERSE ACTIONS ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report ; and ( ii ) a description in writing of the rights of the consumer under this sub chapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title Privacy Act of 1974 *Fair Credit Reporting Act protects non-public personal information for consumers.

*16CFR 433.1 - 433.1 Definitions. 
( a ) Person. An individual, corporation, or any other business organization.

( b ) Consumer. A natural person who seeks or acquires goods or services for personal, family, or household use. 
( c ) Creditor. A person who, in the ordinary course of business, lends purchase money or finances the sale of goods or services to consumers on a deferred payment basis ; Provided, such person is not acting, for the purposes of a particular transaction, in the capacity of a credit card issuer. 
( d ) Purchase XXXX XXXX. A cash advance which is received by a consumer in return for a Finance Charge within the meaning of the Truth in Lending Act and Regulation Z, which is applied, in whole or substantial part, to a purchase of goods or services from a seller who ( 1 ) refers consumers to the creditor or ( 2 ) is affiliated with the creditor by common control, contract, or business arrangement. ( e ) Financing a sale. Extending credit to a consumer in connection with a Credit Sale within the meaning of the Truth in Lending Act and Regulation Z. 
( f ) Contract. Any oral or written agreement, formal or informal, between a creditor and a seller, which contemplates or provides for cooperative or concerted activity in connection with the sale of goods or services to consumers or the financing thereof. 
( g ) Business arrangement. Any understanding, procedure, course of dealing, or arrangement, formal or informal, between a creditor and a seller, in connection with the sale of goods or services to consumers or the financing thereof. 
( h ) Credit card issuer. A person who extends to cardholders the right to use a credit card in connection with purchases of goods or services. 
( i ) Consumer credit contract. Any instrument which evidences or embodies a debt arising from a Purchase XXXX XXXX transaction or a financed sale as defined in paragraphs ( d ) and ( e ) of this section. 
( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers.

16 CFR 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 atNOTICE 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 Privacy Act of XXXX 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 XXXX XXXX ( as purchase XXXX XXXX is defined herein ), unless any consumer credit contract made in connection with such purchase XXXX XXXX contains the following provision in at least XXXX 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. 
[ 40 FR 53506, Nov. 18, 1975 ; 40 FR 58131, Dec. 15, 1975 ] ( 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 insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 





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