Consumer complaint received 2023-12-28
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. (FL)

I am writing to bring to your attention certain inaccuracies on my consumer report. I have recently reviewed the report provided by the credit reporting agencies and identified errors related to credit card utilization and late payments. I believe these inaccuracies are adversely affecting my credit score. Per the Fair Credit Reporting Act '' 15 USC 1681 section 602 ( 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 information. 15 USC 1681 ( a ) ( 4 ) states " There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 15 U.S.C 1681a ( 2 ) ( A ) ( i ) states The term consumer report does not include ANY report containing information solely as to transactions or experiences between the consumer and the person making the report. 15 USC 1681b ( a ) ( 2 ) states 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. 15 USC 1666b ( a ) states 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. 

The Financial Institutions { XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX ) XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX XXXX. } and the Consumer Reporting Agencies Equifax, XXXX, & XXXX do not have my consent to furnish this information and they surely do not have my written consent. 15 USC 6802 ( b ) ( c ) states that A financial institution may not disclose nonpublic personal information to a non-affiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. { XXXX XXXX XXXXXXXX, XXXX ( XXXX XXXX XXXX ) XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX never informed me of my right to exercise my nondisclosure option. These accounts are reporting adverse items without my permission which is against the law. 15 USC 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. Also 12 CFR 1016.7 states that A consumer may exercise the right to opt-out at any time. My terms and conditions on my contracts state clearly that these companies will not report non-public personal information to non-affiliated third parties.

I also discovered charge offs on my consumer report. According to the I.R.S. Publication and laws charge offs are considered a certificate of indebtedness which is considered income and income can not be reported on my consumer report pursuant to 26 U.S. Code 61 / 26 C.F.R. 1.643/ 20 C.F.R 211.2.

PRIVACY ACT OF 1974 ( 5 U.S. CODE 552a ) ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual.

( b ) Conditions of disclosure -- - No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains.

As a bona fide purchaser acting in good faith I am giving you an opportunity to correct said mistakes and have all my accounts updated to paid as agreed under an open end consumer credit plan pertaining to 15 U.S. Code 1666 ( b ) Timing of Payments. All accounts should also be updated with proper utilization pertaining to 15 U.S Code 1681a ( 2 ) ( A ) ( i ) the term consumer report does not include anyreport containing information solely as to transactions or experiences between the consumer and the person making the report.

REMOVE ALL LATE PAYMENTS - 15 U.S. CODE 1666b REMOVE ALL INACCURATE INFORMATION RELATING TO TRANSACTIONS AND EXPERIENCES - 15 U.S. CODE 1681a ( 2 ) ( A ) ( i ).

15 U.S. CODE 1681e ( b ) - Accuracy of Report 15 U.S. CODE 1681n - Civil Liability for willful noncompliance.

12 C.F.R. 1022.3 - Definitions 15 U.S. CODE 1681 c-2 - Block of Information resulting from Identity Theft.

15 U.S. CODE 1681o - Civil Liability for negligent noncompliance.

15 U.S. CODE 1681s-2 Responsibilities of furnishers of information to Consumer Reporting Agencies .

PART 1016 - PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ).

12 C.F.R 1016.1 - Purpose and Scope.

12 C.F.R 1016.4 Initial privacy notice to consumers required.

12 C.F.R. 1016.7 Form of opt out notice to consumers ; opt out methods.

15 U.S. CODE 6802 - Obligations with respect to disclosures of personal information. 




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