Consumer complaint received 2024-01-08 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: CA

Complaint narrative:
Complaint : Improper use of my report ( shared without consent ). Reporting company used my report improperly. Identity Theft. ( Please see my explanation below as to why I disagree with a credit reporting services decision after its investigation along with the codes and laws that were violated. ) According to the Fair Credit Reporting Act 15 USC 1681 section 602 ( a ) ( 4 ) states " 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 Consumer. 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, aka XXXX XXXX XXXX, is a financial institution by definition under that title. XXXX XXXX, aka XXXX XXXX XXXX, has placed wrongful and unfair derogatory marks known as late payments reported on my consumer report under ACCOUNT : XXXX For : XXXX XXXX XXXX. This is an inaccurate reporting of two payment dates of XX/XX/XXXX and XX/XX/XXXX as over 30-60 days late. XXXX XXXX, aka XXXX XXXX XXXX, has reported this to XXXX, XXXX, and Equifax who, with knowledge of these violations below, have refused to update my status as PAID AS AGREED NEVER LATE. 
15 U.S. Code 1681e ( a ) Identity of Purposes of Credit Users 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. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. 15 U.S. Code 1681e ( b ) Accuracy of Report states 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 by previous violations of section 1681b for permissible purpose and 1681c for information contained in my consumer reports, XXXX XXXX ( aka XXXX XXXX XXXX ), XXXX, XXXX and Equifax have violated compliance procedures under this title. 
Please additionally note that any and all consent to XXXX XXXX, aka XXXX XXXX XXXX, whether it be verbal, non-verbal, written, implied, or otherwise is revoked. I am also claiming this right by the power of 12 CFR 1016.7 ( h ), which states that A consumer may exercise the right to opt out at any time. '' In accordance with a letter Ive previously sent to XXXX XXXX, aka XXXX XXXX XXXX, I am stating that I am, I have, and I continue to exercise my right to opt out of XXXX Financials, aka XXXXXXXX XXXX XXXX, services. Please see additional documents attached to this complaint. 
XXXX XXXX, aka XXXX XXXX XXXX, has disclosed my transaction history without my consent to XXXX, XXXX, and Equifax who refuse to change my status to PAID AS AGREED NEVER LATE. This has caused me physical, emotional, mental, and financial stress for one ( 1 ) year. According to 15 USC 6802 ( b ) ( 1 ) ( C ) states that " A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' XXXX XXXX, aka XXXX XXXX XXXX, never informed me of my right to exercise my nondisclosure option. I've informed Equifax, XXXX, and XXXX of my complaint and have asked them to update this status but have been met with no resolution. 
XXXX XXXX, aka XXXX XXXX XXXX, has not furnished me with any of these options for opting out before disclosing my transaction history. As 16 CFR 313.10 - Limits on disclosure of non-public personal information to nonaffiliated third parties states in ( a ) ( 1 ) Conditions for disclosure, Except as otherwise authorized in this part, you may not, directly or through any affiliate, disclose any nonpublic personal information about a consumer to a nonaffiliated third party unless : ( i ) You have provided to the consumer an initial notice as required under 313.4 ; ( ii ) You have provided to the consumer an opt out notice as required in 313.7 ; ( iii ) You have given the consumer a reasonable opportunity, before you disclose the information to the nonaffiliated third party, to opt out of the disclosure. I've informed Equifax, XXXX, and XXXX of my complaint and have asked them to update this status but have been met with no resolution. 
XXXX XXXX, aka XXXX XXXX XXXX, did not comply with 16 CFR 313.10 ( b ) Application of opt out to all consumers and all nonpublic personal information ( 1 ) which states You must comply with this section, regardless of whether you and the consumer have established a customer relationship. Along with 16 CFR 313.10 ( b ) ( 2 ) which states Unless you comply with this section, you may not, directly or through any affiliate, disclose any nonpublic personal information about a consumer that you have collected, regardless of whether you collected it before or after receiving the direction to opt out from the consumer. I would also like to add 15 USC 6801 et seq. and 12 USC 5519 as Authority to this CFR. XXXX XXXX, aka XXXX XXXX XXXX, has provided my translation history to third party affiliates after I opted out and revoked my consent. I've informed Equifax, XXXX, and XXXX of my complaint and have asked them to update this status but have been met with no resolution. XXXX XXXX, aka XXXX XXXX XXXX, XXXX, Equifax and XXXX are in violation of 16 CFR 313.10 ( b ) ( 2 ). 
XXXX XXXX, aka XXXX XXXX XXXX, did not give me any notice about its policies or practices nor did it describe the conditions under which it would provide any information. According to 12 CFR 1016.1 - Purpose and scope ( a ) Purpose it states 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 ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 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. XXXX XXXX, aka XXXX XXXX XXXX, has violated this CFR by providing Equifax, XXXX, and XXXX with my transaction history. Equifax, XXXX, and XXXX have violated my rights by refusing to remove these derogatory marks when asked to update my history as PAID AS AGREED NEVER LATE, even though they are to abide by these CFRs. 
XXXX XXXX, aka XXXX XXXX XXXX, wrongfully provided third party affiliates with reports known as Late Payments. 15 USC 1681C ( a ) ( 5 ) states Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' The late payments are records of convictions of crimes! They ARE adverse items reported without my permission, which is against the law. 15 U.S. Code 1681s2 ( a ) ( 1 ) ( A ) Reporting information of actual knowledge of errors 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 ( a ) 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. XXXX XXXX, aka XXXX XXXX XXXX, Equifax, XXXX, and XXXX are not maintaining reasonable procedures. 
Please see additional codes and laws that Equifax, XXXX, and XXXX have violated with these below. 
5 U.S. Code 552a - Records maintained on individual states in ( a ) ( 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 finger or voice print or a photograph. As a consumer, I have knowledge that the word Records includes financial transactions on consumer reports and reporting a transaction history is illegal. According to 5 U.S. Code 552a ( b ) Conditions of Disclosure, it states, 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, unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31, which states in ( 1 ), When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if ( E ) the head of the agency has established procedures to ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information. XXXX, XXXX and Equifax acquisition of my records do not comply in accordance with the above codes. Please note that under these codes and laws XXXX XXXX, aka XXXX XXXX XXXX, has illegally shared my account transaction Records with XXXX, XXXX, and Equifax and has violated not only the Fair Credit Reporting Act but also the Privacy Act of XXXX. 
As a customer I know that according to the law, it is illegal to report transaction history. XXXX XXXX, aka XXXX XXXX XXXX, has VIOLATED this law, as they have shared my transaction history with XXXX, Equifax, and XXXX have refused to change my status with knowledge of this. 
IDENTITY THEFT 12 CFR 1022.3 - Definitions ( h ) states Identity theft means a fraud committed or attempted using the identifying information of another person without authority.

15 USC Code 1681c-2 ( a ) states ... a consumer reporting agency shall block the reporting of any information in the file of the consumer that the consumer identifies as information that resulted from an alleged identity theft not later than 4 business days after the date of receipt. It has been over 30 days since notification and Equifax, XXXX, and XXXX are in VIOLATION of this law because I am a victim of identity theft. Equifax, XXXX, and XXXX must update these late payments to PAID AS AGREED NEVER LATE immediately. 
Transactional History should not be furnished on my consumer report as it is in VIOLATION under 15 US Code 1681b - Permissible purposes ( a ) In General, which states 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. I never gave any consumer reporting agency or financial institution written consent to report transaction history to my consumer report, which violates my rights as a federally protected consumer. NO CONSENT IS IDENTITY THEFT. As a consumer, I am demanding that Equifax, XXXX, and XXXX update these payments to PAID AS AGREED NEVER LATE immediately. 
Re : alleged DEROGATORY LATE PAYMENTS DEFICIENT OF REQUIRED PROOF OF ADEQUATE FEDERAL REPORTING COMPLIANCE, NAMELY METRO 2 AND THE FCRA STANDARDS OF REPORTING. THESE ARE CERTAINLY UNLAWFUL, UNETHICAL AND UNDOUBTEDLY IN CLEAR INFRINGEMENT OF MY CONSUMER AND/OR CIVIL RIGHTS, MAKING YOU LIABLE UPON MY TAKING THIS MATTER TO A CIVIL COURT IN MY AREA FOR PROPER AND ETHICAL RESOLUTIONS AND AWARDS OF AT LEAST {$1000.00} PER STILL UNPROVEN, UNTRUE, INACCURATE, UNTIMELY, INCOMPLETE, OR OTHERWISE NOT COMPLIANT ITEM REPORTED THAT IS HEREBY NOW BEING CHALLENGED IN WRIT COMPOSITION LEGALLY A CONSUMER COMPLAINT NOTICE IN DEMAND FOR A CHECK FOR COMPLIANCE AND FURTHER IRREFUTABLE EVIDENCE TO SUCH A CLAIM. THIS IS MY OFFICIAL WRITING COMPLAINT. To Whom It Might Concern, Per FEDERAL and MY STATEs REPORTING LAWS, you MUST AFFIRM AND CONFIRM-ATE ANY and ALL ALLEGATIONs OF CLAIM YET STILL UNPROVEN. LAWFULLY CERTIFICATE PHYSICALLY THE CREDITOR CLASSIFICATION CODE ( S ), THE EXACT AND COMPLETE SEQUENCED AND METRO2 DATA FORMATTED 426 CHARACTER P-6 STATEMENT ( S ) AS WELL AS ALL OF THE APPLICABLE AND REQUISITE TRAILING FRAGMENTS, THE MINIMALLY MANDATED FIVE ( 5 ) PORTIONED PERSONAL IDENTIFIERS, EVERY AND ONE OF THE ALPHA-/ NUMERIC-/AND OR ALPHANUMERIC SOURCE CODES THAT DETAIL THE LEFT SIDEDNESS AND OR RIGHT SIDEDNESS OF ANY AND ALL PRECISELY ORDERED RECORDED ACCOUNT DESCRIPTIONS, ALL ASPECTS EXACTLY AND FULLY RELATED TO THE SEQUENCED 386 PIECES OF CONFIRMATION TO COLLECT ( -TIONS ), EACH CALENDAR DATE RECORDED, EVERY ALLEGED BALANCE INCLUDING THE TALLIED TOTALLINGS AND INVOICES FROM WHICH THEY WERE DERIVED, THE DOCUMENTED LEGAL AND CURRENT COLOR PHOTOGRAPHED IDENTITIES, THE ATTESTED ADDRESSES, THE NON-TRANSPORTED AND TRUE MARKS OF EXECUTION FROM THE ONE AND ONLY AND EXACTLY IDENTIFIED ME UPON AN ACKNOWLEDGEMENT OF THE DEBT ALLEGED OR EVEN CONDITIONS RELATED, AS WELL AS EVERY SINGLE ONE EVEN EACH ANY AND OR ALL OF THE REQUISITE STATE AND FEDERAL LAWS APPLICABLE, WHETHER KNOWN OR NOT, REGARDLESS IF MENTIONED OR NOT. YOU ARE UNAUTHORIZED TO RETAIN AND OR EVEN REPORT SUBTERFUGE PARTICULARLY IF IT IS POTENTIALLY ENABLING FRAUD AND OR IDENTITY THEFT SUCH AS THIS INJURIOUS MIS-REPORTINGS OF MIS-INFORMATION MIGHT VERY WELL APPEAR TO BE. DELETE NOW TO ANNUL THIS UNJUST ACCUSATION AND TO RETURN TO COMPLETE COMPLIANCE TO FEDERAL REPORTING LAWS AS IS OBLIGATED OF YOU. I DEMAND, lawfully mind you, that you very ATTENTIVELY REVIEW my formal writ composed DECLARATION of Not Proven Compliant Misinformation that is all or in part : DEFICIENT of adequate current status in fullness of TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, documented OWNERSHIP, certifiable RESPONSIBILITY, or otherwise irrefutable compliant obligatory and regulatory requisite compliant reporting thereby mandating your immediate actions to rectify and remedy and any all infraction-ious behavior ( XXXX ) by retaining or returning to DEMONSTRATED TRUE, CORRECT, COMPLETE, and COMPLIANT METRO 2 data field formatted reporting! To be clear, you are mandated by laws to eliminate every notation and/or aspect of any and all derogatory and adversary items from any and all alleged claims still yet unproven to be true, correct, complete, timely, documented as being mine, testimonial to be of my responsibility, with FCRA compliance , and or Metro 2 COMPLIANT reporting. FEDERAL laws dictate that any and all derogatory or potentially injurious reporting MUST be all of the aforementioned and can NOT BE ASSUMED without undoubted CERTIFIABLE testimonial of FACTs ensuring the physically verifiability of the CONFIRMED manual validation of any item upon a consumer complaint, such as is this notice here and now. Please RETURN to or retain federally lawful reporting with your unwavering and unconditional annulment of every single one even each any and or all of the allegations accused of me deficient of physical evidence to every and all aspects of said claims, be them true or not.

Company response to consumer: Closed with explanation