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. (SC)

15 U.S. Code 1681b Permissible purposes of consumer reports. ( a ) In general, subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.

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

I recently viewed my consumer report and noticed some unauthorized credit reporting. XXXX XXXX furnished a consumer report that I never gave written permission to share this information with any third parties, including consumer reporting agencies. I was not given the opportunity to opt out of any reporting to any third-party entities. XXXX XXXX is in clear violation of the law. 

The company also violated 18 USC 1028A - aggravated identity theft because I never gave permission to share any information with a third party. Violation of the Fair Credit Privacy Act of 1974 ( 5 U.S. Code 552a ), Reporting Act 15 U.S. Code 1681 - Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. ( b ) Reasonable procedures. It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner that is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. As you can see, there is a need for me to protect my right to privacy.

Reporting Act P.L 90-321 ( 82 Stat. 146 ), which is the law that backs the code, is even stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ) 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports. 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. No adverse item besides the conviction of crimes should be on the report, and any item that is a derogatory mark is not allowed onto consumer reports, which is another violation.

12 CFR 1022.3 Definitions " identity theft '' means a fraud committed or attempted using the identifying information of another person without authority. Anything added to your report without your written consent may be considered identity theft. 15 U.S. Code 1681c2 - Block of information resulting from identity theft. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft. Upon receiving my Consumer Disclosure report from ( 3rd Party Reporting Agency ), discoveries relating to the information provided from said party ( XXXX ) have revealed a plethora of violations committed by multiple 3rd party affiliates, non-affiliates, or any and every entity which may be recognized in addition through further investigation from past, present, and future furnishing of my nonpublic private information.

These are issues I wish to address due to all parties who may have breached the terms and agreements leading to have adversely affected my rights under the Fair Credit Billing Act. The sharing of my personal information was done without my written consent. From the disclosure of numerous non-public personal information including but not limited to discrepancies, errors, inaccuracies, derogatory marks, all of which has caused irreparable damage to my character and creditworthiness. The information disclosed to 3rd parties has negatively affected approval and access to credit.

15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. ( b ) Reasonable procedures. It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. There is an absolute need to protect my privacy from unlawful use by Financial Institutions including CRA. Any report furnished must have my written consent. Since I did not authorize the furnishing of a bankruptcy, it is a violation of the Fair Credit Reporting Act. 82 Stat. 146. This law is stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ).

All current and former affiliates who may have given information without my permission such as but not limited to the reporting of a bankruptcy do not have my permission, which are all violations, and I require immediate change of status to removal. 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports. 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. No adverse item besides the conviction of crimes should be on my report, and any item that is a derogatory mark is not allowed into consumer reports. In the event that XXXX continues to attempt to justify reporting a bankruptcy case, where they believe permission was granted ( which they do not ) from any entity with my nonpublic personal information, all the disputes I request to be removed are considered derogatory marks which have and may have resulted in negatively affecting my credit rating.

15 U.S. Code 1681e - Compliance procedures ( a ) Identity and purposes of credit users. 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. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report. Whenever a consumer reporting agency prepares a consumer report, it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. XXXX is in violation of section 1681b for permissible purpose and 1681c for information contained in consumer reports. XXXX is also violating compliance procedures under this title. 

15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general. Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than { { {$100.00} } } and not more than { { {$1000.00} } } ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or { { {$1000.00} } }, whichever is greater ; I have contacted Lexus-Nexus about this bankruptcy being reported, alerting them of their mistake, which has remained unresolved and ignored. This is a violation of willful noncompliance understanding of the violations after my complaints were made the 1st time. XXXX being a Financial Institution and Consumer Reporting Agency has strict obligations to adhere to the laws put in place to protect the consumers right. They are aware that they are breaking the law.

15 U.S. Code 1681o - Civil liability for negligent noncompliance. In general. Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure. If the law was violated not on purpose but just due to a lack of knowledge on the required reporting procedures, they are still liable for correcting these violations which have been made clear in this complaint if, in fact, their actions or lack thereof were due negligence.

15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 1 ) Prohibition. ( A ) Reporting information with actual knowledge of errors. 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. ( B ) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. I have notified the consumer agencies that there is inaccurate information. They must immediately stop reporting that information until they can prove that it is valid, which continues to be denied.

15 U.S. Code 6802 - Obligations with respect to disclosures of personal information. ( a ) Notice requirements. Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( 1 ) In general. A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) 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 ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( 2 ) Exception. This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. ( c ) Limits on reuse of information. Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. ( d ) Limitations on the sharing of account number information for marketing purposes. A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.

5 U.S. Code 552a - Records maintained on individuals. ( n ) Mailing Lists. An individual 's name and address may not be sold or rented by an agency unless such action is specifically authorized by law. This provision shall not be construed to require the withholding of names and addresses otherwise permitted to be made public. All inquiries on my report using my name and address given to nonaffiliated 3rd party entities that may have been sold for marketing and/or promotional purposes were done so without my permission, which is a violation. If inquiries are not from an open account on a credit report, they must remove the inquiry. If continued refusal to remove all inquiries from my report, all agencies must send documentation that was used to verify I have an open account with any and all agencies in question.

12 CFR 1016.7 Form of opt-out notice to consumers ; opt-out methods. Section ( a ) ( 1 ) Form of opt-out notice. If you are required to provide an opt-out notice under 1016.10 ( 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. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements. Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( b ) Opt-out. ( 1 ) In general. A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) 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 ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. XXXX has denied my right to opt out. 

15 U.S. Code 6805- Enforcement. ( a ) In general. Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law. Per the FCRA as a federally protected consumer, I am now opting out of any and all authorization I the consumer may have given you written, unwritten, verbal, and non-verbal per 15 USC 6802. Any information that wishes to be added to my report will not be permitted without my notification, consent, and approval. Any and all private information will be presented to me prior to my decision to approve or deny any and all to be added to my report.

Definitions to Note : 18 USC 2725 ( 3 ) personal information means information that identifies an individual, including an individual 's photograph, social security number, driver identification number, name, address ( but not the 5-digit zip code ), telephone number, and medical or disability information, but does not include information on vehicular accidents, driving violations, and driver 's status. Nonpublic personal information :. Nonpublic personal information may include individual items of information as well as lists of information. For example, nonpublic personal information may include names, addresses, phone numbers, social security numbers, income, credit score, and information obtained through Internet collection devices ( i.e. cookies ). - FDIC Consumer Compliance Examination Manual April 2021 15 USC 6827 ( 4 ) Financial Institution ( B ) Certain financial institutions specifically included. The term " financial institution '' includes any depository institution ( as defined in section 461 ( b ) ( 1 ) ( A ) of title 12 ), any broker or dealer, any investment adviser or investment company, any insurance company, any loan or finance company, any credit card issuer or operator of a credit card system, and any consumer reporting agency that compiles and maintains files on consumers on a nationwide basis ( as defined in section 1681a ( p ) of this title ).