Consumer complaint received 2025-03-25 00:00:00
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.
State: GA

Complaint narrative:
Non-Negotiable Notice of Formal Complaint Regarding Unlawful Public Disclosure of My Bankruptcy To Whom It May Concern : I am filing this formal complaint because of the improper and unlawful disclosure of my Chapter 13 Bankruptcy. This disclosure violates my privacy rights under federal law and also goes against the equitable and common-law privacy principles upheld by Georgia courts . By making my bankruptcy information publicly accessible, the credit bureau has exposed me to reputational damage, financial harm, and unnecessary intrusions into my personal life.

I. Violations of My Rights Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681c ( a ) ( 1 ) Time-Limited Reporting : The FCRA limits the reporting of Chapter 13 bankruptcies to a maximum of seven ( 7 ) years from the date of discharge or completion. Any continued or improper disclosure beyond that period violates federal law.

Proper Use of Consumer Information : The FCRA requires credit reporting agencies to ensure the accuracy and confidentiality of consumers financial data. Publicizing my bankruptcy beyond its intended legal scope infringes upon 15 U.S.C. 1681b, which restricts access to legitimate, authorized purposes.

Right to Privacy 5 U.S.C. 552 ( Privacy Act of 1974 ) Protection Against Unwarranted Disclosure : Under the Privacy Act of 1974, federal agencies and any entity handling personal records must guard against unnecessary public exposure of sensitive financial details.

Court Records vs. Personal Data : While a bankruptcy filing is a matter of public record, it was never meant to be disseminated in a way that allows unauthorized people ( e.g., employers, third parties ) to access private information without my explicit consent.

Bankruptcy Code 11 U.S.C. 524 ( a ) ( 2 ) ( Discharge Injunction ) Shield Against Post-Discharge Penalties : Once a debtor has met all requirements under Chapter 13 and received a discharge, creditors and other third parties are prohibited from misrepresenting or penalizing the debtor.

Unlawful Ongoing Penalty : Making my bankruptcy openly available beyond the legal reporting timeframe subjects me to ongoing harm and contradicts the Bankruptcy Codes aim of granting debtors a fresh start.

Potential Fair Debt Collection Practices Act ( FDCPA ) Violation 15 U.S.C. 1692d Prohibition on Harassment or Shame : If my bankruptcy history is used to embarrass or exert financial pressure on me, it can violate the FDCPAs rules against unfair or deceptive debt collection practices.

II. Equitable Principles and Privacy Protections Under Georgia Law Right of Privacy in Georgia Common Law Georgia has long recognized that individuals deserve protection from the unwarranted public disclosure of private matters. See, for example, Pavesich v. New England Life Ins. Co., 122 Ga. 190 ( 1905 ) ; Cabaniss v. Hipsley, 114 Ga. App. 367, 151 S.E.2d 496 ( 1966 ). Disclosing a private financial record, such as a bankruptcy, beyond what the law permits may be an impermissible invasion of privacy under Georgia law.

Equitable Relief for Unauthorized Disclosure Under Georgia law, courts can intervene through injunctions or other remedies when private financial data is released without valid authority, to prevent irreparable harm. See O.C.G.A. 23-1-1, 23-1-3. Prolonged or excessive disclosure of my bankruptcy details violates these privacy norms and justifies equitable relief.

Legal Support Citations Williams v. Mohawk Indus., 465 S.E.2d 722 ( Ga. Ct. App. 1995 ) Zeeman v. Black, 156 Ga. App. 82 ( 1980 ) In re Smith, 2013 WL 6058206 ( Bankr. N.D. Ga. 2013 ) Holcomb v. Norfolk S. Ry. Co., 295 Ga. 421 ( 2014 ) Ga. Const. Art. I, I, Para. XII O.C.G.A. 10-1-390 ( FBPA )

Company response to consumer: Closed with explanation