Consumer complaint received 2024-05-04
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Was not notified of investigation status or results
Company: EQUIFAX, INC. (LA)

XX/XX/XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX, La XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, PA XXXX XXXX Equifax XXXX XXXX XXXX XXXX, GA XXXX XXXX XXXX XXXX CEO Chief Operating Officer XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Credit Card XXXX XXXX XXXX XXXX XXXX, VA XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, VA XXXX Declaration under penalty of perjury of XXXX XXXX, XXXX XXXX XXXX, being competent to make this declaration of having personal knowledge of the matters stated therein, declares pursuant to 28 U.S.C 1746 Subject : This is a request to immediately cease the reporting of my credit utilization to consumer reporting agencies. ( 3th Letter ) Dear XXXX XXXX XXXX Chief Operating Officer XXXX XXXX, Chief Financial Officer XXXX XXXX, Vice President XXXX XXXX XXXX XXXX AFFIDAVIT OF TRUTH I am writing to bring to your attention a matter of concern regarding the reporting of my credit utilization on my Cash Rewards XXXX to consumer reporting agencies by XXXX XXXX XXXX XXXX which I believe is in violation of multiple consumer protection laws. I consent to the reporting of my utilization to Equifax XXXX XXXX XXXX, XXXX, GA, XXXX XXXX XXXX XXXX XXXX, PA XXXX, XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX any other consumer agencies that report utilization. I have chosen to opt-out for the reporting of my utilization, under 15 U.S. Code 6802 ( a ) ( b ) ( 1 ) ( A ) ( B ) ( C ) - Obligations with respect to disclosures of personal information.

This is a request to immediately cease the reporting of my credit utilization to consumer reporting agencies Equifax XXXX XXXX XXXX, XXXX, GA, XXXX XXXX XXXX XXXX, XXXX, PA XXXX, XXXX XXXX XXXX XXXX XXXX, TX XXXX XXXX 

First, under 15 U.S. Code 1681a ( 2 ) ( A ) ( 1 ), a consumer report excludes reports containing information solely as to transactions or experiences between the consumer and the person making the report. As such, any communication of information regarding credit utilization, which pertains solely to the transactions between myself and XXXX XXXX XXXX XXXX, should not be included in consumer reports. 

Secondly, 15 U.S. Code 6801, the Protection of Nonpublic Personal Information provision, mandates financial institutions like XXXX XXXX XXXX XXXX to safeguard the confidentiality of customer information, including credit utilization data. Moreover, 15 U.S. Code 6802 outlines the obligations of financial institutions regarding disclosures of personal information emphasizing the importance of maintaining the privacy of customer data. 

The reporting of my credit utilization to consumer reporting agencies by XXXX XXXX XXXX XXXX potentially violates these provisions by disclosing personal financial information without my explicit consent. This action not only compromises my privacy rights but also undermines the fundamental principles of consumer protection established by the aforementioned statutes. 
Furthermore, I have cited relevant Federal and Supreme Court case laws that support my complaint for the removal of my credit utilization from consumer reports, including : XXXX XXXX XXXX FTC, XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX ) Pintos XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ) XXXX XXXX, XXXX, XXXX XXXX XXXX ( XXXX XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX. XXXX XX/XX/XXXX ) These cases further affirm the illegality of reporting credit utilization under the statues outlined in 15 U.S. Code 1681a ( 2 ) ( A ) ( 1 ). It is imperative that XXXX XXXX XXXX XXXX takes immediate action to cease the reporting of my credit utilization to consumer reporting agencies and ensures compliance with all relevant consumer protection laws. 

Failure to do so would not only constitute a violation of my rights as a consumer but also undermine the trust and confidence I have placed at your institution. 

Furthermore, XXXX XXXX XXXX XXXX own policies and procedures, as outlined in your privacy policies and customer agreements, emphasize the importance of safeguarding customer information and obtaining explicit consent for the disclosure of personal financial data. The reporting of my credit utilization to consumer reporting agencies potentially violates these policies by disclosing personal financial information without my explicit consent. Additionally, the following policies and procedures XXXX have been violated : Confidentiality of Customer Information Policy : XXXX XXXX XXXX XXXX is obligated to protect the confidentiality of customer information, including credit utilization data, as outlined in your institutions policies. By reporting my credit utilization to consumer reporting agencies without my explicit consent, XXXX XXXX XXXX XXXX XXXX have breached this policy. 

Consent for XXXX XXXX : XXXX XXXX XXXX XXXX is required to obtain explicit consent from customers before disclosing personal financial information to third parties. The reporting of my credit utilization to consumer reporting agencies without my explicit consent may constitute a violation of this policy.

The Fair Credit Reporting Act ( FCRA ) provides protections to consumers regarding the accuracy, fairness, and privacy of the information contained in their credit reports. Violations of FCRA may lead to legal action against the entity responsible for th
e violation. The Gramm-Leach Bliley Act ( GLBA ) requires financial institutions to protect the privacy of consumers personal financial information. Violations of GLBA can result in regulatory actions and penalties. It is imperative that XXXX XXXX XXXX XXXX take immediate action to cease the reporting of my credit utilization to consumer reporting agencies and ensure compliance with all relevant consumer protection laws, as well as your institutions policies and procedures. Failure to do so would not only constitute a violation of my rights as a consumer but also undermine the trust and confidence I have placed in your institution. 

This request is to be made to my account within the next 24hrs after notice is received. I kindly request your urgent attention to this matter and confirmation of the necessary actions taken to address my concerns.

Thank you for your cooperation and prompt response to this important issue.

Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the foregoing is true and correct. 

Executed on XX/XX/XXXX XXXX XXXX