Consumer complaint received 2024-02-10
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 have reached out to XXXX XXXX XXXX XXXX in regards to opting out of the ESIGN DISCLOSURE & Sharing my Non-Public information with Non-Affiliates. As a federal protected consumer I have the right to opt out under code 15 USC 6802 ( b ). I also have explained to XXXX XXXX XXXX XXXX that I have the right to opt out at any time shown under code 16 CFR 313.7 subsection ( f ). 
In their Privacy Policy Form MOBILE BANKING, ONLINE BANKING, AND BILL PAY TERMS AND CONDITIONS section 1. Agreement to Receive Communications in Electronic Form It states By agreeing to this ESIGN Disclosure, you are consenting to receive the following documents and notices electronically : the Mobile Banking, Online Banking, and Bill Pay Disclosure ( Mobile and Online Banking Disclosure ) ; any change in terms notices related to the Mobile and Online Banking Disclosure ; and any notices related to any activities or transactions you conduct through Mobile and Online Banking. Your consent remains in effect until you give us notice that you are withdrawing it. 
I have already expressed to XXXX XXXX XXXX XXXX in writing that I am choosing to opt out of the ESIGN DISCLOSURE. 
Also in section 3. Withdrawal of Consent It states If you decide that you do not want to continue receiving any future change in terms notices or notices related to any activities or transactions you conduct through Mobile or Online Banking electronically, or Bill Pay transaction-related notices, you can withdraw your consent. You may do this for Mobile and Online Banking by calling XXXX XXXX at XXXX or by visiting a XXXX XXXX branch. You may do this for Bill Pay by calling XXXX. Any withdrawal of consent to receive disclosures and notices electronically will be effective only after we have a reasonable amount of time to process the withdrawal I have already reached out in writing trying to opt out as shown in this agreement & was ignored. 
XXXX XXXX XXXX XXXX is still sharing my non-Public information with non-affiliates more specifically XXXX, XXXX XXXX Equifax after I have expressed to XXXX XXXX XXXX XXXX that I am now opting out of any and all authorization that I the consumer may have given them written, unwritten, verbal or non verbal under code 15 USC 6802. 
I no longer give XXXX XXXX XXXX XXXX the authorization nor the consent to share my non-public personal information now & In the future unless I give them the authorization to do so. By NOT complying They are in violation under the FCRA and privacy act of 1974 I have the right to opt out. 
According to the Fair Credit Reporting Act 15 USC 1681 section 602 A states, There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' Equifax and XXXX are consumer reporting agencies and as a Consumer I have the right to make sure there is no private information being shared which is protected by 15 USC 6801 which states '' 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 ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that " In general Subject to subsection ( c ), 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. '' ( Furnisher of information to credit agencies ) not only the financial institution but also the consumer reporting agencies such as XXXX and Equifax do not have my authorization to furnish this nor any information also never have I ever gave or given my written consent to do so. Any and all consent to Equifax, XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my authorization which is 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. Equifax and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services.