Consumer complaint received 2024-05-25 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: CO

Complaint narrative:
On XXXX I mailed a letter to Equifax demanding that they remove non-public information from my consumer report. They completely ignored my letter and sent frivolous identity theft letters in response. I did NOT request Validation or Verification, I demanded deletion of my private non-public information that was being included in my consumer report. Below Is the letter I sent to them with all personal and account information redacted. All demands regarding accounts and their information removal were ignored. Notice to agent ( s ) is notice to principal ( s ). Notice to principal ( s ) is notice to agent ( s ). To Whom It May Concern : Multiple laws in regard to my consumer report are being broken by you. The following correspondence is not a request for validation or verification in any way. It is a demand for you to follow the laws that the U.S. Congress has set forth. SECTION I - Privacy, Permissible Purpose, & Lack of Notice Laws 1. Privacy XXXX XXXX XXXX  never gave ( Equifax, XXXX, or XXXX ) any verbal or written consent to report anything on my consumer report. This lack of consent means that you are breaking the law. The laws state : 15 USC 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 insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. Please take note that Congress has referred to my privacy as a RIGHT. This does not mean that it is a privilege, something that I must hope for, or something that I must appeal to anyone to receive. A right is given 100 % of the time, automatically. I do not have a contract with you or any other consumer reporting agency. If a contract exists in which I gave you permission to do such, I demand that you produce it to me with a wet ink signature within 30 days of receipt of this letter, notarized under the pains and penalties of perjury, via certified mail with a signature required. If you can not provide this, I demand that you immediately exclude reporting any and all accounts, or details of accounts, that I address in this letter on my consumer report. I fully understand that while you represent yourself as a Bureau and have misled the masses to believe that you are thus a form of a government agency, which may entitle you to sensitive information. You are in fact a private corporation with no right whatsoever to my private personal information. I have not agreed to allow you to possess, let alone share, my personal and private information with anyone, ever. What you are doing is in clear and plain fact, identity theft. 12 CFR 1022.3 Definitions ( h ) Identity theft means a fraud committed or attempted using the identifying information of another person without authority. ( g ) Identifying information means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including any : ( 1 ) Name, social security number, date of birth, official state or government issued driver 's license or identification number 18 USC 1028A ( a ) ( 1 ) Aggravated identity theft Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. How did you get my information from a furnisher if you did not use a means of identifying me? How do you share my information? - You do both illegally. You never had lawful authority to use any of my identifying information to collect my personal and private information and associate it with my consumer report. You then, to use the exact verbiage included in the law, knowingly transferred, possessed, and used it. At this time, I do not wish to open an identity theft case. I demand that you simply correct your criminal behavior per my instructions. XXXX. Permissible Purpose Moreover, you do not have a permissible purpose to furnish any of my personal information to a third party without my written consent / instructions. ( from the Fair Credit Reporting Act ) 15 USC 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 : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Did I give you written instructions to furnish the accounts listed below on my consumer report? - No. I most certainly did not. If a contract exists in which I gave you permissible purpose to do such, I demand that you produce it to me with a wet ink signature within 30 days of receipt of this letter, notarized under the pains and penalties of perjury, via certified mail with a signature required. If you can not provide this, I demand that you immediately follow the written demands that I outline in Section II of this letter on my consumer report. Furthermore, please consider this letter official legal notice that my written instructions are to immediately follow the written demands that I outline in Section II of this letter on my consumer report. 3. Lack of Notice I was not given any of the notices REQUIRED by law BEFORE you furnished any of my personal information to a third party. ( from the Gramm-Leach-Bliley Act ) 15 USC 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. Did you provide me with any notice that you were going to furnish the accounts listed below on my consumer report? - No. You most certainly did not. 15 USC 6802 ( continued ) ( 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 ; Did you disclose to me anything that pertains to 15 USC 6802 ( b ) ( 1 ) ( A )? - No. You most certainly did not. ( 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 Did you give me any opportunity to withhold disclosure as mentioned in 15 USC 6802 ( b ) ( 1 ) ( B )? - No. You most certainly did not. ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Did you give me any explanation of my nondisclosure option as mentioned in 15 USC 6802 ( b ) ( 1 ) ( C )? - No. You most certainly did not. If a document exists in which you gave me clear and conspicuous notice of any of the above, I demand that you produce it to me within 30 days of receipt of this letter, notarized under the pains and penalties of perjury, via certified mail with a signature required. If you can not provide this, I demand that you immediately follow the written demands that I outline in Section II of this letter on my consumer report. Regardless, at this time I clearly and conspicuously opt-out and choose that you will not disclose any and all accounts, or details of accounts as per my written instructions, that I address in Section II of this letter on my consumer report. SECTION II - Remedy List of information that I legally demand to have removed from my consumer report : By my written instructions, I demand deletion of the following personal information from my consumer report : PERSONAL INFORMATION REDACTED By my written instructions, I demand deletion of the following accounts in total from my consumer report : PERSONAL INFORMATION REDACTED By my written instructions, I also demand deletion of ANY AND ALL inquiries from my consumer report. All further inquiries posted on my consumer report must have my written consent. ATTENTION : Following deletion of these accounts and/or data, please send me a free copy of my updated consumer report reflecting the changes that have been made. Failure to respond satisfactorily with deletion of the above referenced account ( s ) and/or data will result in legal actions being taken against your company, for which I will also be seeking XXXX XXXX dollars ( {$1000.00} ) per violation for : Defamation of character ( per se. ). You have damaged my credit worthiness, credit standing, credit capacity, character, general reputation, and my mode of living as discussed in 15 USC 1681a. Negligent Enablement of Identity Fraud FCRA 15 USC 1681 violations for willful noncompliance, the results of which are described in 15 USC 1681n Civil liability for willful noncompliance. This law is also attached with this dispute in Attachment A. SECTION III - Additional Issues 1. Further law regarding charge offs While reviewing my consumer report, I noticed that several accounts are reported as charged off. Regarding any accounts listed as charged off on my consumer report : By definition, the IRS clearly defines a canceled debt / charge off as GROSS or ORDINARY INCOME. A Form 1099-C is fiIed when creditors cancel/ charge off debt. On the IRS website, ( at XXXX : XXXX? level=advanced ), regarding Form 1099-C, it states that Lenders or creditors are required to issue Form 1099-C, Cancellation of Debt, if they cancel a debt. It goes on to say that, Generally, an individual taxpayer must include all canceled amounts on the " Other Income '' line of Form 1040. On www.experian.com, the website of one of the Big 3 consumer reporting agencies, an article can be found which is titled, Does Your Income Appear on Your Credit Reports? from XX/XX/XXXX, by XXXX XXXX. One does not have to read beyond the first XXXX words of the article to find that XXXX concludes that, Income is not part of your credit report. If the IRS regards the cancellation of debt / charge offs as income, and income is NOT reported on the consumer report, why are charge offs listed on my report? - They can't be. You are reporting incorrect and inaccurate information on my consumer report and are in violation of : 15 USC 1681e Compliance procedures ( 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. * Please note that Section XXXX - Privacy, Permissible Purpose, & Lack of Notice Laws again applies to this section. Plus, you are clearly breaking yet another law. Although already listed in Section XXXX, by my written instructions the following are the charge off accounts that I further legally demand to have deleted from my consumer report : PERSONAL INFORMATION REDACTED ATTENTION : Following deletion of these accounts, please send me a free copy of my updated consumer report reflecting the changes that have been made. Failure to respond satisfactorily with deletion of the above referenced account ( XXXX ) will result in legal actions being taken against your company, for which I will also be seeking XXXX XXXX dollars ( {$1000.00} ) per violation for : Defamation of character ( per se. ). You have damaged my credit worthiness, credit standing, credit capacity, character, general reputation, and my mode of living as discussed in 15 USC 1681a. Negligent Enablement of Identity Fraud FCRA 15 USC 1681 violations for willful noncompliance, the results of which are described in 15 USC 1681n Civil liability for willful noncompliance. This law is also attached with this dispute in Attachment A. Thank you for your prompt attention to these matters. Sincerely, ______________________________ PERSONAL INFORMATION REDACTED Enclosed : copy of State ID ( front and back ) and a bill for proof of address Attachment A 18 USC 1028 - Fraud and related activity in connection with identification documents, authentication features, and information ( a ) Whoever, in a circumstance described in subsection ( c ) of this section ( 1 ) knowingly and without lawful authority produces an identification document, authentication feature, or a false identification document ; ( 2 ) knowingly transfers an identification document, authentication feature, or a false identification document knowing that such document or feature was stolen or produced without lawful authority ; ( 3 ) knowingly possesses with intent to use unlawfully or transfer unlawfully five or more identification documents ( other than those issued lawfully for the use of the possessor ), authentication features, or false identification documents ; ( 4 ) knowingly possesses an identification document ( other than one issued lawfully for the use of the possessor ), authentication feature, or a false identification document, with the intent such document or feature be used to defraud the United States ; ( 5 ) knowingly produces, transfers, or possesses a document-making implement or authentication feature with the intent such document-making implement or authentication feature will be used in the production of a false identification document or another document-making implement or authentication feature which will be so used ; ( 6 ) knowingly possesses an identification document or authentication feature that is or appears to be an identification document or authentication feature of the United States or a sponsoring entity of an event designated as a special event of national significance which is stolen or produced without lawful authority knowing that such document or feature was stolen or produced without such authority ; ( 7 ) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law ; or ( 8 ) knowingly traffics in false or actual authentication features for use in false identification documents, document-making implements, or means of identification ; shall be punished as provided in subsection ( b ) of this section. ( b ) The punishment for an offense under subsection ( a ) of this section is ( XXXX ) except as provided in paragraphs ( XXXX ) and ( XXXX ), a fine under this title or imprisonment for not more than 15 years, or both, if the offense is ( A ) the production or transfer of an identification document, authentication feature, or false identification document that is or appears to be ( i ) an identification document or authentication feature issued by or under the authority of the United States ; or ( ii ) a birth certificate, or a drivers license or personal identification card ; ( B ) the production or transfer of more than XXXX identification documents, authentication features, or false identification documents ; ( C ) an offense under paragraph ( XXXX ) of such subsection ; or ( D ) an offense under paragraph ( XXXX ) of such subsection that involves the transfer, possession, or use of XXXX or more means of identification if, as a result of the offense, any individual committing the offense obtains anything of value aggregating {$1000.00} or more during any 1-year period ; ( 2 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 5 years, or both, if the offense is ( A ) any other production, transfer, or use of a means of identification, an identification document,, [ 1 ] authentication feature, or a false identification document ; or ( B ) an offense under paragraph ( 3 ) or ( 7 ) of such subsection ; ( 3 ) a fine under this title or imprisonment for not more than 20 years, or both, if the offense is committed ( A ) to facilitate a drug trafficking crime ( as defined in section 929 ( a ) ( 2 ) ) ; ( B ) in connection with a crime of violence ( as defined in section 924 ( c ) ( 3 ) ) ; or ( C ) after a prior conviction under this section becomes final ; ( 4 ) a fine under this title or imprisonment for not more than 30 years, or both, if the offense is committed to facilitate an act of domestic terrorism ( as defined under section 2331 ( 5 ) of this title ) or an act of international terrorism ( as defined in section 2331 ( 1 ) of this title ) ; ( 5 ) in the case of any offense under subsection ( a ), forfeiture to the United States of any personal property used or intended to be used to commit the offense ; and ( 6 ) a fine under this title or imprisonment for not more than one year, or both, in any other case. ( c ) The circumstance referred to in subsection ( a ) of this section is that ( 1 ) the identification document, authentication feature, or false identification document is or appears to be issued by or under the authority of the United States or a sponsoring entity of an event designated as a special event of national significance or the document-making implement is designed or suited for making such an identification document, authentication feature, or false identification document ; ( 2 ) the offense is an offense under subsection ( a ) ( 4 ) of this section; or ( 3 ) either ( A ) the production, transfer, possession, or use prohibited by this section is in or affects interstate or foreign commerce, including the transfer of a document by electronic means; or ( B ) the means of identification, identification document, false identification document, or document-making implement is transported in the mail in the course of the production, transfer, possession, or use prohibited by this section. ( d ) In this section and section 1028A ( 1 ) the term authentication feature means any hologram, watermark, certification, symbol, code, image, sequence of numbers or letters, or other feature that either individually or in combination with another feature is used by the issuing authority on an identification document, document-making implement, or means of identification to determine if the document is counterfeit, altered, or otherwise falsified ; ( XXXX ) the term document-making implement means any implement, impression, template, computer file, computer disc, electronic device, or computer hardware or software, that is specifically configured or primarily used for making an identification document, a false identification document, or another document-making implement ; ( XXXX ) the term identification document means a document made or issued by or under the authority of the United States Government, a State , political subdivision of a State, a sponsoring entity of an event designated as a special event of national significance, a foreign government, political subdivision of a foreign government, an international governmental or an international quasi-governmental organization which, when completed with information concerning a particular individual, is of a type intended or commonly accepted for the purpose of identification of individuals ; ( 4 ) the term false identification document means a document of a type intended or commonly accepted for the purposes of identification of individuals that ( A ) is not issued by or under the authority of a governmental entity or was issued under the authority of a governmental entity but was subsequently altered for purposes of deceit ; and ( B ) appears to be issued by or under the authority of the United States Government, a State , a political subdivision of a State, a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international governmental or quasi-governmental organization ; ( 5 ) the term false authentication feature means an authentication feature that ( A ) is genuine in origin, but, without the authorization of the issuing authority, has been tampered with or altered for purposes of deceit ; ( B ) is genuine, but has been distributed, or is intended for distribution, without the authorization of the issuing authority and not in connection with a lawfully made identification document, document-making implement, or means of identification to which such authentication feature is intended to be affixed or embedded by the respective issuing authority ; or ( C ) appears to be genuine, but is not ; ( XXXX ) the term issuing authority ( A ) means any governmental entity or agency that is authorized to issue identification documents, means of identification, or authentication features ; and ( B ) includes the United States Government, a State, a political subdivision of a State , a sponsoring entity of an event designated by the President as a special event of national significance, a foreign government, a political subdivision of a foreign government, or an international government or quasi-governmental organization ; ( 7 ) the term means of identification means any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual, including any ( A ) name, social security number, date of birth, official State or government issued drivers license or identification number, alien registration number, government passport number, employer or taxpayer identification number ; ( B ) unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation ; ( C ) unique electronic identification number, address, or routing code ; or ( D ) telecommunication identifying information or access device ( as defined in section 1029 ( e ) ) ; ( 8 ) the term personal identification card means an identification document issued by a State or local government solely for the purpose of identification ; ( 9 ) the term produce includes alter, authenticate, or assemble ; ( 10 ) the term transfer includes selecting an identification document, false identification document, or document-making implement and placing or directing the placement of such identification document, false identification document, or document-making implement on an online location where it is available to others ; ( 11 ) the term State includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico , and any other commonwealth , possession, or territory of the United States ; and ( 12 ) the term traffic means ( A ) to transport, transfer, or otherwise dispose of, to another, as consideration for anything of value ; or ( B ) to make or obtain control of with intent to so transport, transfer, or otherwise dispose of. ( e ) This section does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the United States, or any activity authorized under chapter 224 of this title. ( f ) Attempt and Conspiracy. Any person who attempts or conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy. ( g ) Forfeiture Procedures. The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of section 413 ( other than subsection ( d ) of that section ) of the Comprehensive Drug Abuse Prevention and Control Act of 1970 ( 21 U.S.C. 853 ). ( h ) Forfeiture ; Disposition. In the circumstance in which any person is convicted of a violation of subsection ( a ), the court shall order, in addition to the penalty prescribed, the forfeiture and destruction or other disposition of all illicit authentication features, identification documents, document-making implements, or means of identification. ( i ) Rule of Construction. For purpose of subsection ( a ) ( 7 ), a single identification document or false identification document that contains 1 or more means of identification shall be construed to be 1 means of identification. 18 USC 1028A - Aggravated identity theft ( a ) Offenses. ( 1 ) In general. Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. ( 2 ) Terrorism offense. Whoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years. ( b ) Consecutive Sentence.Notwithstanding any other provision of law ( 1 ) a court shall not place on probation any person convicted of a violation of this section ; ( 2 ) except as provided in paragraph ( 4 ), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used ; ( 3 ) in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and ( 4 ) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28. ( c ) Definition.For purposes of this section, the term felony violation enumerated in subsection ( c ) means any offense that is a felony violation of ( 1 ) section 641 ( relating to theft of public money, property, or rewards [ 1 ] ), section 656 ( relating to theft, embezzlement, or misapplication by bank officer or employee ), or section 664 ( relating to theft from employee benefit plans ) ; ( 2 ) section 911 ( relating to false personation of citizenship ) ; ( 3 ) section 922 ( a ) ( 6 ) ( relating to false statements in connection with the acquisition of a firearm ) ; ( 4 ) any provision contained in this chapter ( relating to fraud and false statements ), other than this section or section 1028 ( a ) ( 7 ) ; ( 5 ) any provision contained in chapter 63 ( relating to mail, bank, and wire fraud ) ; ( 6 ) any provision contained in chapter 69 ( relating to nationality and citizenship ) ; ( 7 ) any provision contained in chapter 75 ( relating to passports and visas ) ; ( 8 ) section 523 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6823 ) ( relating to obtaining customer information by false pretenses ) ; ( 9 ) section 243 or 266 of the Immigration and Nationality Act ( 8 U.S.C. 1253 and 1306 ) ( relating to willfully failing to leave the United States after deportation and creating a counterfeit alien registration card ) ; ( 10 ) any provision contained in chapter 8 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1321 et seq. ) ( relating to various immigration offenses ); or ( 11 ) section 208, 811, 1107 ( b ), 1128B ( a ), or 1632 of the Social Security Act ( 42 U.S.C. 408, 1011, 1307 ( b ), 1320a7b ( a ), and 1383a ) ( relating to false statements relating to programs under the Act ). 12 CFR 1022.3 - Definitions ( g ) Identifying information means any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including any : ( XXXX ) Name, social security number, date of birth, official state or government issued driver 's license or identification number, alien registration number, government passport number, employer or taxpayer identification number ; ( 2 ) Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation ; ( 3 ) Unique electronic identification number, address, or routing code ; or ( 4 ) Telecommunication identifying information or access device ( as defined in 18 U.S.C. 1029 ( e ) ). ( h ) Identity theft means a fraud committed or attempted using the identifying information of another person without authority. 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 ( 1 ) ( 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 ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. ( c ) Attorneys fees Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. ( d ) Clarification of willful noncompliance For the purposes of this section, any person who printed an expiration date on any receipt provided to a consumer cardholder at a point of sale or transaction between XX/XX/XXXX, and XX/XX/XXXX, but otherwise complied with the requirements of section 1681c ( g ) of this title for such receipt shall not be in willful noncompliance with section 1681c ( g ) of this title by reason of printing such expiration date on the receipt

Company response to consumer: Closed with explanation