Consumer complaint received 2024-02-01
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)

Since you misunderstood my first complaint, I'm sending it again to more explain your illegal reporting error via the Law.

15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; which means reporting transaction history is illegal.

12 CFR Part 1016 - PART 1016PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) 12 CFR 1016.1 - Purpose and scope.

( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices ; ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 1016.13, 1016.14, and 1016.15.

The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer. Also ( b ) ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. 

During your time when you serviced my student loans owned by the XXXX XXXX XXXX XXXX, your company ( XXXX XXXX ) has broken the law by the improper use of report by improperly reporting nonpublic personal information. Among the Family Educational Rights and Privacy Act ( XXXX ) and the FCRA have all been violated by your company ( XXXX XXXX ). Since federal law was enacted in 1974 that protects the privacy of student education records, your company ( XXXX XXXX ) has provided my nonpublic personal information to XXXX and Equifax. FERPA applies to any public or private elementary, secondary, or post-secondary school.

20 USC 1232g - Family Educational Rights and Privacy Act ( FERPA ) ( b ) Release of education records ; parental consent requirement ; exceptions ; compliance with judicial orders and subpoenas ; audit and evaluation of federally-supported education programs ; recordkeeping ( 1 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records ( or personally identifiable information contained therein other than directory information, as defined in paragraph ( 5 ) of subsection ( a ) ) of students without the written consent of their parents to any individual, agency, or organization, other than to the following ( A ) other school officials, including teachers within the educational institution or local educational agency, who have been determined by such agency or institution to have legitimate educational interests, including the educational interests of the child for whom consent would otherwise be required ; ( B ) officials of other schools or school systems in which the student seeks or intends to enroll, upon condition that the students parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record ; ( C ) ( i ) authorized representatives of ( I ) the Comptroller General of the United States , ( II ) the Secretary, or ( III ) State educational authorities, under the conditions set forth in paragraph ( 3 ), or ( ii ) authorized representatives of the Attorney General for law enforcement purposes under the same conditions as apply to the Secretary under paragraph ( 3 ) ; ( D ) in connection with a students application for, or receipt of, financial aid ; ( E ) State and local officials or authorities to whom such information is specifically allowed to be reported or disclosed pursuant to State statute adopted ( i ) before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve the student whose records are released, or ( ii ) after November 19, 1974, if ( II ) the officials and authorities to whom such information is disclosed certify in writing to the educational agency or institution that the information will not be disclosed to any other party except as provided under State law without the prior written consent of the parent of the student. [ 1 ] ( F ) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted ; ( G ) accrediting organizations in order to carry out their accrediting functions ; ( H ) parents of a dependent student of such parents, as defined in section 152 of title 26 ; ( I ) subject to regulations of the Secretary, in connection with an emergency, appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons ; ( J ) ( i ) the entity or persons designated in a Federal grand jury subpoena, in which case the court shall order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished to the grand jury in response to the subpoena ; and ( ii ) the entity or persons designated in any other subpoena issued for a law enforcement purpose, in which case the court or other issuing agency may order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena ; ( K ) the Secretary of Agriculture, or authorized representative from the Food and Nutrition Service or contractors acting on behalf of the Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations, and performance measurements of State and local educational and other agencies and institutions receiving funding or providing benefits of 1 or more programs authorized under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) for which the results will be reported in an aggregate form that does not identify any individual, on the conditions that ( i ) any data collected under this subparagraph shall be protected in a manner that will not permit the personal identification of students and their parents by other than the authorized representatives of the Secretary; and ( ii ) any personally identifiable data shall be destroyed when the data are no longer needed for program monitoring, evaluations, and performance measurements; and ( L ) an agency caseworker or other representative of a State or local child welfare agency, or tribal organization ( as defined in section 5304 of title 25 ), who has the right to access a students case plan, as defined and determined by the State or tribal organization, when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student, provided that the education records, or the personally identifiable information contained in such records, of the student will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the students education needs and authorized by such agency or organization to receive such disclosure and such disclosure is consistent with the State or tribal laws applicable to protecting the confidentiality of a students education records.

Nothing in subparagraph ( E ) of this paragraph shall prevent a State from further limiting the number or type of State or local officials who will continue to have access thereunder.

( 2 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph ( 1 ) of this subsection, unless ( A ) there is written consent from the students parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the students parents and the student if desired by the parents, or ( B ) except as provided in paragraph ( 1 ) ( J ), such information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution or agency, except when a parent is a party to a court proceeding involving child abuse and neglect ( as defined in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note ) ) or dependency matters, and the order is issued in the context of that proceeding, additional notice to the parent by the educational agency or institution is not required.

( 3 ) Nothing contained in this section shall preclude authorized representatives of ( A ) the Comptroller General of the United States, ( B ) the Secretary, or ( C ) State educational authorities from having access to student or other records which may be necessary in connection with the audit and evaluation of Federally-supported education programs, or in connection with the enforcement of the Federal legal requirements which relate to such programs : Provided, That except when collection of personally identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal requirements.

( 4 ) ( A ) Each educational agency or institution shall maintain a record, kept with the education records of each student, which will indicate all individuals ( other than those specified in paragraph ( 1 ) ( A ) of this subsection ), agencies, or organizations which have requested or obtained access to a students education records maintained by such educational agency or institution, and which will indicate specifically the legitimate interest that each such person, agency, or organization has in obtaining this information. Such record of access shall be available only to parents, to the school official and his assistants who are responsible for the custody of such records, and to persons or organizations authorized in, and under the conditions of, clauses ( A ) and ( C ) of paragraph ( 1 ) as a means of auditing the operation of the system.

( B ) With respect to this subsection, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. If a third party outside the educational agency or institution permits access to information in violation of paragraph ( 2 ) ( A ), or fails to destroy information in violation of paragraph ( 1 ) ( F ), the educational agency or institution shall be prohibited from permitting access to information from education records to that third party for a period of not less than five years.

( 5 ) Nothing in this section shall be construed to prohibit State and local educational officials from having access to student or other records which may be necessary in connection with the audit and evaluation of any federally or State supported education program or in connection with the enforcement of the Federal legal requirements which relate to any such program, subject to the conditions specified in the proviso in paragraph ( 3 ).

( 6 ) ( A ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing, to an alleged victim of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible sex offense, the final results of any disciplinary proceeding conducted by such institution against the alleged perpetrator of such crime or offense with respect to such crime or offense.

( B ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing the final results of any disciplinary proceeding conducted by such institution against a student who is an alleged perpetrator of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible sex offense, if the institution determines as a result of that disciplinary proceeding that the student committed a violation of the institutions rules or policies with respect to such crime or offense.

( C ) For the purpose of this paragraph, the final results of any disciplinary proceeding ( i ) shall include only the name of the student, the violation committed, and any sanction imposed by the institution on that student; and ( ii ) may include the name of any other student, such as a victim or witness, only with the written consent of that other student.

( 7 ) ( A ) Nothing in this section may be construed to prohibit an educational institution from disclosing information provided to the institution under section 14071 [ 2 ] of title 42 concerning registered sex offenders who are required to register under such section.

( B ) The Secretary shall take appropriate steps to notify educational institutions that disclosure of information described in subparagraph ( A ) is permitted.

I have the right to make sure my private information isn't shared with anyone which is backed by 15 USC 6801 which states, ( a ) PRIVACY OBLIGATION POLICY - 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. Full Account # XXXX. [ Listed on XXXX as XXXX XXXX - Account # : XXXX ; Date : XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX ; Amount : {$91000.00} ; on Equifax as XXXX XXXX - Account # : XXXX ; Date : XX/XX/XXXX ; Amount : {$80000.00} ]. XXXX XXXX is a financial institution by definition under that title. XXXX and Equifax are consumer reporting agencies and I am the Consumer. In the Fair Credit Reporting Act, 15 USC 1681 - CONGRESSIONAL FINDINGS AND STATEMENT OF PURPOSE ( a ) ACCURACY AND FAIRNESS OF CREDIT REPORTING states ( 4 ) " 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. ( 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. As of XX/XX/XXXX, XXXX XXXX is still reporting to XXXX and Equifax, which is not accurate due to both reports carrying different amounts and dates. Separate attachments will be provided of such consumer credit report. 15 USC 1681b - PERMISSIBLE PURPOSES OF CONSUMER REPORTS states that ( a ) " In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ( 2 ) In accordance with the written instructions of the consumer to whom it relates. '' 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 ). Any and all consent to XXXX, Equifax and XXXX XXXX whether it be verbal, non-verbal, written, implied or otherwise is revoked. XXXX XXXX the financial institution and the Consumer reporting agency XXXX and Equifax do not have my consent to furnish this information and they surely do not have my written consent. XXXX XXXX never informed me of my right to exercise my nondisclosure option. In addition, in 15 USC 1681c - REQUIREMENT RELATING TO INFORMATION CONTAINED IN CONSUMER REPORTS states ( a ) " Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information. ( 5 ) 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 permission which is against the law. 15 USC 1681s2 ( 1 ) ( A ) - RESPONSIBILITIES OF FURNISHERS OF INFORMATION TO CONSUMER REPORTING AGENCIES 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. Its inaccurate because it is nonpublic personal information being reported on my report. 15 USC 6802 - OBLIGATIONS WITH RESPECT TO DISCLOSURE OF PERSONAL INFORMATION states that ( b ) ( 1 ) " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( 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. '' 15 USC 1681e - COMPLIANCE PROCEDURES states ( 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. ( 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. By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title. 15 USC 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. Every company in their agreements with consumers said they would follow the law and agreed to do so. They are aware that they are breaking the law. 15 USC 1681o - CIVIL LIABILITY FOR NEGLIGENT NONCOMPLIANCE ( a ) 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. 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. The Privacy Act of 1974 ( 5 USC 552a ) is also violated. XXXX and Equifax are clearly not maintaining reasonable procedures. Lastly, 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. '' Per the FCRA, as a federally protected consumer, I am opting out of any and all authorization, I, the consumer may have given you, written, unwritten, verbal, and nonverbal per 15 USC 6802.