Consumer complaint received 2024-12-15 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: FL

Complaint narrative:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Equifax XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Department YOU BROKE THE LAW After several attempts to resolve this very serious issue and concern with Equifax this correspondence serves as a formal demand for Equifax to comply with its legal obligations under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq., and other applicable federal laws. As a consumer, I assert my rights under these statutes and demand that Equifax immediately cease and desist from reporting any nonpublic personal information or adverse account information without my explicit written consent. 
Legal Basis for My Demand : 1. Right to Privacy and Fair Treatment Pursuant to 15 U.S.C. 1681 Section 602 ( a ), consumer reporting agencies, including Equifax, have a statutory obligation to exercise their responsibilities with fairness, impartiality, and respect for the consumers right to privacy. The Supreme Court has emphasized the importance of protecting privacy in TransUnion LLC v. Ramirez, 141 S. Ct. 2190 ( 2021 ), ruling that consumers have standing to challenge violations of their rights under the FCRA when their private information is used improperly. 
2. Nonpublic Personal Information Disclosure Under 15 U.S.C. 6801, Congress has declared a continuing obligation for financial institutions to protect the privacy of their customers by safeguarding nonpublic personal information. As a financial institution providing information to credit reporting agencies, Equifax must comply with these obligations. Furthermore, Safeco Insurance Co. of America v. Burr, 551 U.S. 47 ( 2007 ) clarifies that willful noncompliance with FCRA provisions may result in liability. 
3. Lack of Written Consent Under 15 U.S.C. 1681 Section 604 ( a ) ( 2 ), consumer reporting agencies may furnish a consumer report only with the written consent of the consumer. No such written consent exists, and any prior consent is hereby expressly revoked. FTC v. Accusearch Inc., 570 F.3d 1187 ( 10th Cir. 2009 ) supports the principle that unauthorized dissemination of consumer information constitutes a violation of federal law. 
4. Right to Opt-Out The Gramm-Leach-Bliley Act, 15 U.S.C. 6802 ( b ) - ( c ), prohibits financial institutions from disclosing nonpublic personal information to unaffiliated third parties without informing the consumer of their right to opt out. Equifax has failed to inform me of this right, a violation underscored by 12 CFR 1016.7, which allows consumers to opt out at any time. I hereby exercise my right to opt out of all reporting services. 
5. Adverse Information Reporting Per 15 U.S.C. 1681c ( a ) ( 5 ), consumer reporting agencies are prohibited from reporting adverse items of information, other than records of convictions, that are more than seven years old. The inclusion of such information without my consent is unlawful and was addressed in Spokeo, Inc. v. Robins, 578 U.S. 330 ( 2016 ), which held that violations of procedural requirements under the FCRA can harm consumers concrete interests. 
6. Accuracy of Information Under 15 U.S.C. 1681s-2 ( A ) ( 1 ), entities furnishing information to consumer reporting agencies must ensure its accuracy. Equifaxs failure to verify the accuracy of information constitutes noncompliance. Furthermore, 15 U.S.C. 1681e ( b ) mandates that consumer reporting agencies maintain reasonable procedures to ensure maximum possible accuracy of the information reported. The lack of adherence to these requirements is actionable under Dalton v. Capital Associated Industries , Inc., 257 F.3d 409 ( 4th Cir. 2001 ).

Demands : 1. Immediate Cessation of Reporting Equifax must cease reporting any nonpublic personal information or adverse account information concerning me without my written consent, in compliance with 15 U.S.C. 1681 and 15 U.S.C. 6802.

2. Verification of Compliance Provide written confirmation of your compliance with this demand within 30 days of receipt of this letter. Failure to comply will result in legal action, including but not limited to filing complaints with federal regulatory agencies and pursuing litigation under the FCRA. 
3. Correction of Inaccurate Information Immediately investigate and remove any inaccurate or unverifiable information in my credit report in accordance with your obligations under 15 U.S.C. 1681i.

The following inaccurate and unverified information MUST be removed : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX This letter constitutes my final demand for compliance. Failure to adhere to these demands will leave me no choice but to pursue all available legal remedies. 
Sincerely, XXXX XXXX, A consumer a natural living man

Company response to consumer: Closed with non-monetary relief