Consumer complaint received 2024-02-15
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)

XXXX XXXX XXXX XXXX ACTION* Securities Fraud/ Erroneous Credit Reporting I sent an opt out notice to XXXX XXXX XXXX XXXX Dated XX/XX/XXXX. 

It is illegal for any credit reporting agency to report transaction history. The Fair Credit Reporting Act was federally enacted in 1970 to ensure confidentiality of consumer credit information held by lenders and credit reporting agencies. The Act prohibits disclosure of credit files, other than for specific purposes, such as employment, insurance, and Bonafide credit applications ; requires credit bureaus to give consumers a copy of their credit report when requested ; and specifies procedures whereby consumers can dispute any derogatory Information in a credit report. 
According to XXXX XXXX XXXX XXXX Privacy Policy which they have with me... they have documented in writing that they do not share my personal information with 3rd parties. XXXX, Equifax, XXXX, and XXXX and XXXX XXXX XXXX are considered 3rd party affiliates. The Privacy Act of 1974 5 US Code 552a definition ( 4 ) the term record means item, collection, or grouping of information about an individual that is maintained by an agency, including education, financial transactions, medical history, and criminal or employment history that contains his name or the identifying number, By violating section 1681b for permissible purposes and 1681c for information contained in consumer reports they are also violating compliance procedures under this title.

5 U.S. Code 552- Records maintained on individuals.

( a ) Definitions.For purposes of this section ( 1 ) the term agency meansagencyas defined insection 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includesmaintain, collect, use, or disseminate. ( 4 ) the term record means any item, collection, or grouping of information about anindividualthat is maintained by anagency, 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 theindividual, such as a finger or voice print or a photograph ; ( 5 ) the term system of records means a group of anyrecordsunder the control of anyagencyfrom which information is retrieved by the name of theindividualor by some identifying number, symbol, or other identifying particular assigned to theindividual; ( 6 ) the term statistical record means arecordin asystem of recordsmaintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiableindividual, except as provided bysection 8 of title 13 ; ( 7 ) the term routine use means, with respect to the disclosure of arecord, the use of suchrecordfor a purpose which is compatible with the purpose for which it was collected ; ( 8 ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems ofrecordsor asystem of recordswith non-Federalrecordsfor the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments underFederal benefit programs, or ( II ) recouping payments or delinquent debts under suchFederal benefit programs, or.

( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that theagencyacted in a manner which was intentional or willful, the United States shall be liable to theindividualin an amount equal to the sum of ( A ) actual damages sustained by theindividualas a result of the refusal or failure, but in no case shall apersonentitled to recovery receive less than the sum of {$1000.00} ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court.

16 CFR 313.7 Form of opt out notice to consumers ; opt out methods.

( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( 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 Which means this also includes the Privacy Act of 1974 5 US Code 552a.

Please note that according to 15 U.S Code 6805. I have the right to opt out of ANYTHING on my report anytime and the company must comply as soon as reasonably practicable after receiving the notice. They have given me unreasonable means to opt out, so I wrote my own letter to direct them to stop reporting in accordance with the laws that I have included.

Status will reflect account in good standing Pays as agrees, Stop reporting Transaction history and Utilization.

I am requesting {$1000.00} for each violation.

17 CFR 240.15c1-1 ( a ) The term manipulative, deceptive, or other fraudulent device or contrivance, as used in section 15 ( c ) ( 1 ) of the Act ( section 2, 52 Stat. 1075 ; 15 U.S.C. 78o ( c ) ( 1 ), is hereby defined to include any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.

( b ) The term manipulative, deceptive, or other fraudulent device or contrivance, as used in section 15 ( c ) ( 1 ) of the Act, is hereby defined to include any untrue statement of a material fact and any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading, which statement or omission is made with knowledge or reasonable grounds to believe that it is untrue or misleading.

( c ) The scope of this section shall not be limited by any specific definitions of the term manipulative, deceptive, or other fraudulent device or contrivance contained in other rules adopted pursuant to section 15 ( c ) ( 1 ) of the act.

Time is of the essence* XXXX XXXX XX/XX/XXXX