Consumer complaint received 2024-04-04 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: OH

Complaint narrative:
XXXX, Equifax, XXXX are in complete violation of 15 USC 1681a.

15 U.S. Code 1681a - Definitions ; rules of construction U.S. Code ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter.

( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.

( c ) The term consumer means an individual.

( d ) Consumer Report.

( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.

( 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. Again it says " ANY '' ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. Reporting transaction history is illegal. 15 USC 1681b permissable purposes of consumer reports 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 that means they need my written consent to add anything to My consumer report if I did not give this authorization that is a violation of the Fair credit reporting act. P.L 90-321 ( 82 Stat.146 ) which is law that backs the code is even stricter as it states that any agency can only get my 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 authorize by the head of such an agency ) Also 15 USC 1681c Requirements relating to information contained in a consumer reports. 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 antidates the report by more than seven years. No adverse item besides the conviction of crimes should be on my report any item that is a derogatory XXXX is not allowed into consumer reports this is another violation. 15 USC 1681c Compliance procedures. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681 c of this title and to limit the furnishing of the 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. ( 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 home the report relates. By violating section 1681 b for permissible purpose and 1681 c 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 sub chapter 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. 15 USC 1681o Civil liability for negligent noncompliance. In general. Any person who is NEGLIGENT in failing to comply with any requirement imposed under this subtractor 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. Not to mention a violation of my privacy through the Privacy Act of 1974 ( 5 US CODE 552a ) ( 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 a finger or voice print or a photograph ; this includes consumer reports ( b ) Conditions of disclosure - 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 again you need prior written instruction of the individual to whom it relates. Section 3711 ( e ) of title 31 states ( 1 ) when trying to collect a claim of the government under a law except the internal revenue code of 1986 ( 26 USC 1 etc 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 and either way they have violated not only the Fair credit reporting act but also the privacy act of 1974. To conclude I don't give written, oral, or electronic consent to anyone from this day forward from providing my private personal information to anyone, I choose to opt- out.

Company response to consumer: Closed with non-monetary relief