Consumer complaint received 2024-03-19
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. (TX)

I ( XXXX XXXX ) and ( XXXX  XXXX ) both had a Credit Report audit completed, and this letter is to speak of the inconsistencies between what you ( XXXX, Equifax ) have reported and what can be reported based on the FCRA ( Fair Credit Reporting Act ) and 15 U.S Code 1681. 
Based on the audit that was conducted, there was an overwhelming number of late payments which is considered derogatory and adverse information. These derogatory marks have kept us ( XXXX XXXX ) and ( XXXX XXXX ) from getting approved for other items. 
After reading and studying the FCRA ( Fair Credit Reporting Act ) and 15 U.S. Code 1681 this is what was gathered. 
15 U.S. Code 1681 Congressional Findings and Statement of Purpose a ) Accuracy and Fairness of Credit Reporting There is a need to ensure that the consumer reporting agencies exercise their grave responsibilities with fairness, impartiality and a respect for the consumers right to privacy.

15 U.S. Code 1681a 2 ) Exclusions ( a ) ( i ) report containing information solely as to transaction or experiences between the consumer and the person making the report.

Reporting Transaction history is illegal.

15 U.S. Code 1681b Permissible Purpose of Consumer Report - Subject to subsection, any consumer reporting agency my furnish a consumer report under the following circumstances and no other..

In accordance with the written instructions of the consumer to whom it relates.

They need my ( consumer ) written consent to add anything to my consumer report ( snice written authorization was not given ) these derogatory marks ( Late Payments are a violation of the Fair Credit Reporting Act.

15 U.S. Code 1681 ( c ) Requirements relating to information contained in consumer reports -No adverse item besides the conviction of crimes should be reported or derogatory mark is allowed onto the consumer report.this is a violation. 

Based on the information provided to you on this day of XXXX of XX/XX/year> we ( XXXX XXXX ) and ( XXXX  XXXX ) request that our credit report updated immediately removing all derogatory and adverse marks ( late payments ) to show our account as current without adverse marks ( Late payments ) Lastly, Per the FCRA as a federal protected consumer, I am opting out of any and all authorizedwritten, verbal, nonverbal, implied consent that I may have given per 15 U.S. Code 6802 NOTICE TO OPT OUT! 

Equifax Information Services, LLC Attn. XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX Per the FCRA ( Fair Credit Reporting Act ) 15 U.S. Code 1682 sec 602 states .... There's a need to insure that the consumer reporting agencies exercise their grave responsibility with fairness, impartiality, and a respect for the consumer right to privacy. XXXX XXXX Equifax are consumer reporting agencies, I am the consumer. I ( the consumer ) have the right to make sure that my information ( private ) is not shared which is protected by 15 U.S. Code 6801..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 : a financial institution defined under that title ) 15 U.S. Code sec 604a sec 2 says ... .. in general subject to subsection ( c ) ANY consumer reporting agencies may furnish a consumer report under the following circumstances and no other : in accordance with written instructions of the consumer to whom it relates. XXXX & Equifax and any other credit agencies DO NOT have my written consent to furnish this information. ANY and ALL consent to XXXX XXXX Equifax and any other credit agencies... ..weather it be verbal, non-verbal, written, implied, or otherwise is REVOKED. 15 U.S. code 6802 ( b ) ( c ) says that a financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ... me ( the consumer ) gives an explanation of how the consumer can exercise that nondisclosure option. The credit agencies never informed me of my right to exercise my nondisclosure option. 15 U.S. code 1681c ( a ) ( 5 ) says ... except as authorized under the subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information ... .ANY adverse item information, other than records of convictions of crimes which means antedates the report by more than 7 years. My account has adverse items they are reporting without my consent/permission which is against the law. 15 U.S. Code 1681s ( A ) ( 1 ) says ... 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 says... EVERY consumer reporting agency shall maintain reasonable procedures designed to avoid violations of sec 1681c of this title and to limit the furnishing of consumer reports to the purpose listed under sec 1681b of this title. XXXX & Equifax are not maintaining reasonable procedures. Lastly, 15 U.S. Code 12 CFR 1016.7 says... .a consumer may exercise the right to opt out at any time. I am opting out of your reporting services. 

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