Consumer complaint received 2024-02-16
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. (NJ)

Let it be recorded that I, XXXX XXXX, am bringing to your attention the serious legal infractions and unlawfully committed conduct being propogated by XXXX, Equifax and XXXX ( also know as consumer reporting agencies ) against me. The following illegalities required your immediate attention and resolution to prevent further harm to me, the consumer. 

The Privacy Act of 1974 ( 5 USC 552a ) Important Definitions ( 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, such as a finger or voice print or a photograph ; This includes consumer reports ( 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. 

Equifax, XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent that Equifax, XXXX and XXXX erroneously believe they have whether it be verbal, non-verbal, written, implied or otherwise is revoked. 

The Fair Credit Reporting Act Per 15 U.S.C. 1681a ( 2 ) ( 1 ) it is illegal to report transaction history on the credit report.

15 U.S. Code 1681a - Definitions ; rules of construction ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter.

( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.

( c ) The term consumer means an individual.

( d ) Consumer Report. 
( 1 ) In general. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for The Fair Credit Reporting Act 15 USC 1681 602 ( a ) states that, " 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, XXXX and XXXX are consumer reporting agencies and I am the XXXX. I have the right to make sure my private information isn't shared which is backed 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. '' XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX are financial institutions by definition under said title. 15 USC 1681 604 ( a ) 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. '' The above mentioned financial institutions and the Consumer reporting agencies Equifax, XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent that Equifax, XXXX and XXXX erroneously believe they have whether it be verbal, non-verbal, written, implied or otherwise is revoked. 

15 U.S.C. 1681a ( 2 ) ( A ) ( i ) state, a consumer report does not include ( A ) any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. Equifax, XXXX and XXXX XXXX reporting agencies are illegally reporting my monthly transactions and experiences with XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Any reporting of said actions by Equifax, XXXX and XXXX is against the law and a direct violation of my right to privacy. I kindly request that any and all consumer reporting of this nature and content be stopped, discontinued and immediately rescinded. 

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. '' Equifax, XXXX and XXXX consumer reporting agencies Never informed me of my right to exercise my nondisclosure option. 

15 USC 1681C ( a ) ( 5 ) states that " Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information or any other adverse item ( s ) of information, other than records of convictions of crimes which antedates the report by more than seven years. '' The consumer reports being generated and shared by Equifax, XXXX and XXXX consumer reporting agencies are adverse items that they are reporting again without my permission which is against the law. I kindly request that any and all consumer reporting of this nature and content be stopped, discontinued and immediately rescinded. 

15 U.S. Code 1681s2 ( A ) ( 1 ) A states " 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. 15 U.S. Code 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. Equifax, XXXX and XXXX are not maintaining reasonable procedures which is a direct violation of law and my right to privacy. 

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. 

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 Bureau of Consumer Financial Protection, 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. I kindly request that the CFPB adhere to its obligation to enforce the laws stated within this complain and protect the rights of this consumer. 

Compensation for Damages : Pursuant to 15 U.S. Code 1681n, I demand compensation of { {$1000.00} } per violation for the damages incurred due to Equifax, XXXX and XXXX willful noncompliance. I implore the Consumer Financial Protection Bureau to take swift and decisive action against Equifax, XXXX and XXXX to ensure compliance with the laws and regulations outlined above. I seek your intervention to rectify this situation promptly and to hold Equifax, XXXX and XXXX accountable for their unlawful actions. 

Failure to Comply Failure to comply with this request will leave me with no option but to pursue appropriate legal action. I want to draw your attention to the seriousness of these violations. Identity theft is a grave offense, and these actions can be classified as aggravated identity theft, according to [ 18 USC 1028A ] ( a ) ( 1 ). Knowingly transferring, possessing, and utilizing someone's means of identification without lawful authority is a felony punishable by up to two years of imprisonment, in addition to civil liability.