Consumer complaint received 2024-03-16
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Investigation took more than 30 days
Company: EQUIFAX, INC. (NY)

In response to complaint XXXX Company 's Response Thank you for submitting your complaint on XX/XX/2024, through the CFPB Complaint Portal. We appreciate consumers who take the time to let us know about their experiences with our company. We have reviewed your concerns and the information you provided in the complaint ; including XXXX attachments, you have supplied through the Portal and directly to XXXX. In your complaint, you indicate that there are unauthorized accounts transactions showing on your credit report. You would like all negative accounts and inquiries showing on your credit report. Per your request to conduct a re-investigation, we contacted the data furnisher ( s ) and asked them to verify the accuracy of the information with which you disagree. The company that reported the information has certified to XXXX that the information is accurate. This item was not changed as a result of our processing of your dispute. The result summary was sent to you for review on XX/XX/2024. If the re-investigation does not resolve your dispute, you have the right to add a statement of up to XXXX words to your file disputing the accuracy or completeness of the information. If you provide a consumer statement that contains medical information related to service providers or medical procedures, then you expressly consent to XXXX including this information in every credit report we issue about you. You may contact the company that reports the information to us and dispute it directly with them. If you wish to obtain documentation or written verification concerning your accounts, please contact your creditors directly. 
THESE CREDIT BUREAUS ARE IN NON COMPLIANCE AND ARE ADMITTING TO VIOLATION OF THE LAWS. I NEED FULL INVESTIGATION FROM THE CFPB ON THESE CREDIT AGENCIES. 
( Please READ the laws below )! 












New York Laws\nGBS - General Business\nArticle 25 - Fair Credit Reporting Act\n380-A - Definitions 380 ( a ) ( s ) s ) The term " sufficient proof of authority '' means documentation that shows a representative has authority to act on behalf of a protected consumer. " Sufficient proof of authority '' shall include, but not be limited to, ( 1 ) an order issued by a court of law ; or ( 2 ) a written, notarized statement signed by a representative that expressly describes the authority of the representative to act on behalf of a protected consumer.

380-b. Permissible dissemination of reports. ( a ) A consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, or ( 2 ) In accordance with the written instructions of the consumer to whom it relates, or ( 3 ) To a person whom it has reason to believe intends to use the information ( i ) in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer, or ( ii ) for employment purposes, or ( iii ) in connection with the underwriting of insurance involving the consumer, or ( iv ) in connection with a determination of the consumer 's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant 's financial responsibility or status, or ( v ) to a person in connection with a business transaction involving the consumer where the user has a legitimate business need for such information, or ( vi ) in connection with the rental or lease of a residence.

( b ) No person shall request a consumer report, other than an investigative consumer report, in connection with an application made after the effective date of this article, for credit, employment, insurance, or rental or lease of residences, unless the applicant is first informed in writing or in the same manner in which the application is made that ( i ) a consumer report may be requested in connection with such application, and ( ii ) the applicant upon request will be informed whether or not a consumer report was requested, and if such report was requested, informed of the name and address of the consumer reporting agency that furnished the report.

380-s. Theft of identity. No person, firm, partnership, corporation, or association or employee thereof shall knowingly and with the intent to defraud, obtain, possess, transfer, use, or attempt to obtain, possess, transfer, or use credit, goods, services or anything else of value in the name of another person without his or her consent 380-p. Unauthorized disclosures by officers or employees ; penalty. Any officer or employee of a consumer reporting agency who knowingly and willfully provides information concerning an individual from the agency 's files to a person not authorized to receive that information shall, upon conviction, be fined not more than XXXX XXXX dollars or imprisoned not more than one year, or both.

380-d. Disclosure to consumers. ( a ) Every consumer reporting agency shall, upon request and proper identification of any consumer, clearly and accurately disclose to the consumer : ( 1 ) all information in its files at the time of the request concerning such consumer; and ( 2 ) the sources of the information ; except that the sources of information acquired solely for use in preparing an investigative consumer report and actually used for no other purpose need not be disclosed ; provided, however, that in the event an action is brought under section XXXX XXXX XXXX of this article, such sources shall be available to the plaintiff under appropriate discovery procedures in the court in which the action is brought ; and ( 3 ) the recipients of any consumer report on the consumer which it has furnished ; ( i ) for employment purposes within the two-year period preceding the request, and ( ii ) for any other purpose within the six month period preceding the request.

( b ) The requirements of subdivision ( a ) of this section respecting the disclosure of sources of information and the recipients of consumer reports do not apply to information received or consumer reports furnished prior to the effective date of this article except to the extent that the matter involved is contained in the files of the consumer reporting agency on that date.

( c ) Notwithstanding any other provision of this article, every consumer reporting agency, upon contact by a consumer by phone, mail or in person regarding information which may be contained in the agency 's files which has been or may be used for the purpose of providing a consumer report regarding that consumer, shall promptly advise the consumer of the obligation of the agency to provide disclosure of the files in person, by mail or by telephone pursuant to this section, including the obligation of the agency to provide a decoded written version of the file or a written copy of the file with an explanation of any code used, if the consumer so requests. The disclosure shall be provided in the manner selected by the consumer. All consumers shall be specifically advised that if they have been denied credit in the past thirty days they are entitled to receive a written copy of their complete file, at no charge whatsoever, should they choose to request such a copy. 


15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) 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 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) 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. 

Definitions from 15 U.S. Code 1681a - Definitions ; rules of construction The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

The term consumer means an individual.

The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living ( 2 ) Exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " 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. '' Equifax, XXXX and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 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. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), 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. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies Equifax and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to Equifax, XXXX, nor XXXX. 15 USC 1681C ( a ) ( 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. '' Those account are adverse item ( s ), they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states " 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. 15 U.S. 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. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. 


Today on the phone an agent from XXXX said they are in compliance with the FCRA. I believe that is a lie I have proof. If I felt that was an honest answer these complaints would not exist.