Consumer complaint received 2024-03-21
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. (NJ)

On XX/XX/XXXX, I contacted XXXX, Equifax and XXXX in order to opt out of my private non personal public information pursuant to 15 u.s.c. 6802 Obligations with respect to disclosures of personal information, which is enforced by 15 u.s.c 6805 and 12c.f.r. 313.7 after I was not given reasonable forms of opt out notice. This is also upheld by The Privacy Act of 1974, as amended to present, including Statutory Notes ( 5 U.S.C. 552a ), Protects records about individuals retrieved by personal identifiers such as a name, social security number, or other identifying number or symbol. An individual has rights under the Privacy Act to seek access to and request correction ( if applicable ) or an accounting of disclosures of any such recors dmaintained about him or her.

Prohibits disclosure of such records without the prior, written consent of the individual ( s ) to whom the records pertain, unless one of the twelve disclosure exceptions enumerated in subsection ( b ) of the Act applies. 
I contacted XXXX XXXX XXXX, and XXXX XXXX XXXX XXXX XXXX. All 3 companies had been sharing my data with non affiliate 3rd party marketing companies and still were reporting weekly updates on my overall credit balance and I have been receiving email updates relating to both balance updates and promotional inquiries after opting out of all marketing, promotion, and personal and non- public personal information with both covered and non covered affiliates and non- affiliates, 3rd party non affiliates included.

After informing 3 companies of my opting out, late balances were reported on my credit report, which is in violation of 15 u.s.c 1666b ( a ) Time to make payments 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.

( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge.

Not only do they not have to right to report late payments on an open ended consumer plan, but they were reporting my transaction history by updating my new balances, although I opted out of reporting from all banks and reporting agencies. By acting in such a manner, they have adversely affected my credit worthiness by further violating 15 u.s.c. 1681e ( b ) ( 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. They did not have any written, verbal or any form of permission otherwise to disclose my information on my consumer report.

( 1 ) In general. 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 which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.

These unauthorized inquiries violate Section 604 of the FCRA ( 15 U.S.C. 1681b ), which requires that a consumer reporting agency may only furnish a consumer report in response to a request from someone with a permissible purpose, and such requests must have been made with the consumer 's consent. Inaccurate Account Reporting and Improper Practices ( FCRA Violation, FDCPA Violation ) I have not given any permission for the hard inquires that are furnished between the 3 consumer agencies and 40+ 'Soft inquiries that were never authorized without my written consent.

15 u.s.c.1681 Impermissible purposes and inaccurate reporting are on my open dates of all of my credit accounts. I have data from XXXX XXXX services showing unauthorized sharing of my transaction history from XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, to XXXX XXXX XXXX XXXX XXXX and XXXX, XXXX and Equifax, which allowed them to constantly update balances without my expressed or implicit verbal, written or any other form of consent when EVERY company listed had been previously notified of such opt outs. 

According to the Form XXXX that were signed by each company, they are bound to ALL laws in the SEC ACT of 1934.