Consumer complaint received 2023-12-29
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. (UT)

I am writing again in response to a letter that was constructed on XX/XX/XXXX. In the response letter it said you may not opt out of this sharing. On XX/XX/XXXX I received a welcome letter from XXXX and in that welcome letter after XXXX XXXX XXXX transferred my account it said Within 90 days of the transfer, these changes will be reflected on your credit report and XXXX will continue to report on your federal student loan ( s ). Under 12 CFR 1016.7 ( a ) ( 1 ) states you are required to provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out. The notice must state- ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. I was not provided a clear and conspicuous notice that accurately explained my right to opt out. All I received in writing was that you notified me that you are reporting my account to the CRAs which excludes reasonable opt out means. Under 12 CFR 1016.7 ( 2 ) Examples it lists what are considered reasonable opt out means for consumers which none were provided to me. Since you have given me unreasonable opt out means in 12 CFR 1016.7 ( 2 ) ( iii ) the only means of opting out I have is writing my own letter which is attached to this complaint to exercise my right to opt out.

By Law under 15 U.S. Code 6802 ( B ) states that the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and 15 U.S. Code 6802 ( C ) states that the consumer is given an explanation of how the consumer can exercise that non-disclosure option. Before you reported my account to third parties such as Equifax, XXXX and XXXX I was not given an explanation of how I the consumer could exercise the non-disclosure option. 

Not only have you disclosed my nonpublic personal information to third parties without consent and given me unreasonable means to opt out, you also havent protected my privacy as a student. In the Family Educational Rights and Privacy Act ( FERPA ) it states in ( 20 U.S.C. 1232g ; 34 CFR Part 99 ) that FERPA is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. You are violating that federal law by disclosing my account data to the CRAs. In FERPA it also states that the only information that may be disclosed is directory information which includes such as a student 's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. I have not received a letter about the reporting of my directory information or was allowed time to have an option not to disclose that information nor have I given written or verbal consent to disclose that information to consumer reporting agencies like XXXX, XXXX and Equifax who are credit bureaus that have my directory information. 

On top of that on XXXX XXXX XXXX there was an update reported by XXXX to XXXX of a transaction ( attached is a copy ) which means there was transaction history reported to the CRAs. Reporting transaction history is illegal as it states in 15 U.S. Code 1681a ( 2 ) ( A ) ( i ) that a consumer report does not include report containing information solely as to transactions or experiences between the consumer and the person making the report. Directory information as well as transaction history were reported to XXXX and Equifax and I have copies attached to this complaint as well. 

In the Privacy Act of 1974 ( 5 U.S. Code 552a ( b ) under Conditions of Disclosure it states- 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, unless disclosure of the record would be. I have not given a written request or written consent to disclose my records to any agency. My records have not been kept between me and XXXX and have been disclosed to other third party agencies without my consent. Although under ( 12 ) of Conditions of Disclosure it says a record may be disclosed to a consumer reporting agency in accordance with 3711 ( e ) of title 31. It needs to be in accordance with 3711 ( e ) of title 31. I have not received any notice of disclosing my nonpublic information to credit bureaus. Prior to the credit bureaus receiving my information you gave them, my written instruction of consent was not given to disclose that information therefore not only have you violated the Fair credit reporting act but also the Privacy Act of 1974. For all of these valid reasons it is my right to exercise opting out of your reporting services.