Consumer complaint received 2024-01-14 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: SC

Complaint narrative:
Under the Fair Credit Reporting Act ( 15 USC 1681 section 602a ), it is emphasized that consumer reporting agencies must carry out their responsibilities with fairness, impartiality, and respect for the consumer 's right to privacy. As a consumer, I assert my right to ensure the non-disclosure of my private information, as supported by 15 USC 6801, which stipulates the obligation of financial institutions to uphold customer privacy and protect nonpublic personal information.

A financial institution, classified as a " Furnisher of information to credit agencies, '' is mandated by 15 USC 1681 section 604a ( XXXX ) to furnish consumer reports only in accordance with the written instructions of the respective consumer. I want to make it clear that None of these FURNISHER OF INFORMATION ( third-party companies that are not affiliated to XXXX, EQUIFAX OR XXXX ) have my consent to share this information, and they certainly lack my written consent. 
Referring to 15 USC 6802 ( b ) ( c ), a financial institution is prohibited from disclosing nonpublic personal information to a nonaffiliated third party without informing the consumer of their right to exercise the nondisclosure option. Unfortunately, the " Furnisher of information to credit agencies '' did not provide me with the necessary information to exercise this right.

Moreover, 15 USC 1681C ( a ) ( 5 ) explicitly prohibits consumer reporting agencies from including adverse information in a consumer report without authorization, especially if it concerns records antedating the report by more than XXXX years. These account, reported to XXXX, Equifax and XXXX, constitutes an adverse item without my permission, violating the law. 
Section 1681s2 ( A ) ( 1 ) of the U.S. Code further emphasizes that information should not be furnished to a consumer reporting agency if there is knowledge or reasonable cause to believe that the information is inaccurate. XXXX, Equifax and XXXX seem to be neglecting their duty to maintain reasonable procedures, as required by 15 U.S. Code 1681e 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., aimed at avoiding violations and limiting the furnishing of consumer reports to specific purposes outlined in section 1681b.

Additionally, as per 12 CFR 1016.7 states that " A consumer may exercise the right to opt out at any time. ", I AM EXERCISING MY RIGHT TO OPT OUT OF YOUR REPORTING SERVICES.

15 U.S. Code 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 ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 
( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter.

According to 15 USC 1681b ( a ) ( 2 ) : any consumer reporting agency may furnish a consumer report under the following circumstances and no other in accordance with the written instructions of the consumer to whom it relates.

A consumer reporting agency may only furnish information to a consumer report when the consumer has given " written instructions '' authorizing the release of their information. I know for FACT I did not give nor do you have my written instructions to furnish my information. Since I did not give you written consent to do such, that is identity theft. 

According to 15 USC 1681c-2 : Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than XXXX business days after the date of receipt by such agency of. 
You must take action right away and block/remove information from my credit report I did not give no consent to, which is identity theft. The lack of awareness raises serious concerns about the security and protection of my personal information within your system. 

I, XXXX XXXX XXXX that the information you are reporting is not information relating to any transaction that I made by the consumer. I Instruct that your credit bureau delete and remove all the items listed above due to me not giving you written instruction to furnish this information. I also demand that you take all necessary actions to rectify this situation, including but not limited to removing any unauthorized inquiries or entries from my credit report and implementing measures to prevent similar violations in the future. I, XXXX XXXX state that the information you are reporting is not information relating to any transaction that I made by myself. 

12 CFR 1022.3 Definitions : Identity theft means a fraud committed or attempted using the identifying information of another person without authority. 
XXXX added to your report without your written consent could be considered Identity theft. 


Privacy Act of XXXX ( 5 U.S. Code 552a ) Important Definitions ( 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 they 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 XXXX ( 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 ; and Either way they have violated not only the Fair Credit Reporting Act but also the Privacy Act of 1974 Important Definitions from 15 U.S. Code 1681a - Definitions ; rules of construction The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. 
The term consumer means an individual. 
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 ( XXXX ) Exclusions ( A ) ( 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 U.S. Code 1681b - Permissible 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. 
They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act P.L XXXX ( XXXX XXXX. XXXX ) which is law law that backs the code is even stricter as it states that any agency can only get your report in response to a request by the head of a XXXX or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ) XXXX U.S. Code 1681c - Requirements relating to information contained in 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 antedates the report by more than seven years. 
No adverse item besides the conviction of crimes should be on your report any item that is a derogatory mark is not allowed into consumer reports this is another violation. 

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 ( 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 ; If you can prove they wilfully violated the act you are entitled to at least XXXX $ per violation plus any other damages you have sustained as a result of their failure to follow the law. If you have to file more than XXXX complaint, wilful noncompliance can easily be proven as they had a full understanding of the violations after you complained the XXXX time. 
Every company in their agreements with consumers said they would follow the law and agreed to do so.They are aware that they are breaking the law. 
15 U.S. Code 1681o - Civil liability for negligent noncompliance In general Any person who is negligent in failing 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 ( XXXX ) any actual damages sustained by the consumer as a result of the failure Negligent noncompliance means the law was violated not on purpose but just due to a lack of knowledge on the required reporting procedures. 
15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( XXXX ) Prohibition ( A ) Reporting information with actual knowledge of errors 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. 
( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. 
Once you notify the consumer agencies that there is inaccurate information they must immediately stop reporting that information until they can prove that it is valid. 
Those are a few violations of the Fair Credit Reporting Act that you can use in your complaint against not only the reporting agencies but the furnisher of that information to them. 
If you choose to continue to furnish or report my information to any third party, I have no choice but to file litigations under the XXXX, XXXX, FCRA rules. I HAVE NOT RECEIVED A NOTICE WHICH SHOULD BE SENT EVERY 30 DAYS ASKING IF I WANT TO OPT OUT YOUR FURNISHING!! Please be aware that the FCRA gives consumers the right to seek damages for willful noncompliance. I demand that you take this matter seriously. It has harmed my family and I severely. We do not have a home or a vehicle because of these unfair practices. You are blocking me from providing shelter and food for my wife and kids to survive. Rectify theses violation promptly or I will be forced to take legal action. This matter will be taken further, including reporting the violation to the appropriate regulatory authorities and pursuing legal remedies available under the FCRA. REMOVE ALL ACCOUNTS AS POSTED ABOVE IMMEDIATELY!! 
XXXX XXXX XXXX states that " A consumer may exercise the right to opt out at any time. ", I AM EXERCISING MY RIGHT TO OPT OUT OF YOUR REPORTING SERVICES. 

XXXX XXXX Laws XXXX XXXX XXXX Purpose and scope. 
( a ) Purpose. 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 XXXX, XXXX, and XXXX. 
Every company owes you a privacy notice before they furnish any information to our consumer report 12 CFR 1016.4 Initial privacy notice to consumers required. 
( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( XXXX ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( XXXX ) of this section; and ( XXXX ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, XXXX XXXX XXXX XXXX of opt out notice to consumers ; opt out methods. 
Section ( a ) ( XXXX ) Form of opt out notice. If you are required to provide an opt out notice under XXXX ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. 
( XXXX ) Examples ( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form together with the opt out notice that, in the case of financial institutions described in XXXX ( l ) ( XXXX ) of this part, includes the address to which the form should be mailed ; ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your Web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out. 
( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice. 
( g ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. 
( h ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. 
( i ) Duration of consumer 's opt out direction. 
( XXXX ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically. 

XXXX5 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution XXXXay 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.

( 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 ; ( 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 ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 
Once again they must give you an opt out notice for anything that is to be added to your consumer report. 
15 U.S. Code 6805 - Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, This leads way to civil liability against the credit reporting agency for negligent and willful noncompliance under XXXX XXXX Code XXXX, which allows for {$1000.00} per violation, for account listed without my expressed written consent.

Company response to consumer: Closed with explanation