Consumer complaint received 2025-01-03 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: NJ

Complaint narrative:
I am writing regarding XXXX XXXX XXXX Account XXXX XXXXXXXX, which I do not recognize as being reported as Charge-off on my Equifax consumer report. I have reported this illegal behavior to the Attorney General of the State of Georgia. ( See attachment-Georgia Attorney General Complaint ) Equifax is negligently and willfully noncompliant with federal law and owe me for their civil liability pursuant to 15 USC 1681n and 1681o of the FCRA. I am reporting Equifaxs continued violation of my consumer rights to the Attorney Generals office. My frustration comes from their willful noncompliance. They dont expect American Consumers to read the law and enforce our rights. 
XXXX XXXX XXXX is illegally sharing my nonpublic personal information ( XXXX ) with consumer reporting agency ( CRA ) Equifax who is defined as a nonaffiliated third-party under the FCRA. Ive given written instructions to both Equifax and XXXX that I exercised my right to opt-out of the sharing of my nonpublic personal information and they are to immediately modify or delete the inaccurate information in accordance with 15 USC 1681i . Both companies refuse to follow my written instructions. ( See Attachment XXXX XXXXXXXX to XXXX ) My Equifax consumer report contains inaccurate nonpublic personal information. 15 U.S.C. 1681a ( d ) ( 2 ) ( A ) ( i ) EXCLUSIONS, states the term consumer report does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report.

Under 15 U.S.C. 1681a ( d ) ( 2 ) ( A ) ( i ), a charge-off is considered to be information derived from the transactions or experiences between the consumer and the creditor because it arises from the direct relationship between the consumer and the creditor. Transaction or experience information generally includes details about a consumers payment history, including on-time payments, late payments, and any other interactions the consumer has directly with the creditor. This is considered Nonpublic personal information ( NPI ).

Charge-Off information is tied to a consumers personally identifiable financial behavior, similar to other XXXX examples like payment history or account balances. Reporting this information on a consumers report is illegal. 
Furthermore, these companies are also misrepresenting information on my consumer report each month in an unlawful attempt to extend the statute of limitations and circumvent my consumer rights and remedies. This inaccurate account was allegedly charged off over a year ago but each month they report it as if its a new charge-off and also shows a balance of {$4000.00} on an account that was allegedly charged off over a year ago. A charge-off is an event that can only occur a single time for a particular account during the relationship between consumer and financial institution. There cant be an existing balance on an account if the account has been charged off. ( See Attachment XXXX XXXXXXXX ) 15 U.S.C. 1681e ( a ) states Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title ( 15 U.S.C. 1681c- Requirements relating to information contained in consumer reports ) Consumer Reporting Agency Equifax is aware of the law and makes it a habitual practice of violating federally protected consumer rights. 
After XXXX and Equifax refused to follow my instructions, I submitted a Consumer Complaint through the CFPB on XX/XX/XXXX. In my consumer complaint, I detailed XXXX and Equifaxs violation of my consumer rights for their illegal sharing of nonpublic personal information. ( See Attachment XXXX XXXXCFPB Complaint ) On XX/XX/XXXX, XXXX responded XXXX my CFPB complaint falsely claiming that they researched the complaint and found that they are following the Federal privacy regulations of 12 CFR 1016 which governs the limited conditions under which the credit union can disclose nonpublic personal information to nonaffiliated third parties. They are absolutely violating my rights and ignoring the federal regulations with their erroneous interpretation of the law. ( See Attachment XXXX XXXXXXXX XXXX XXXX XX/XX/XXXX ) In Alliants response XXXX they deceptively framed their answer as if my complaint was that they are not allowed to share any information with a nonaffiliated third-party consumer reporting agency. This is not the case. The problem is that they are sharing nonpublic personal information, which should never be included in a consumer report in accordance with 12 CFR 1016 and 15 USC 1681. ( See Attachment # XXXX ) I agree that 12 CFR 1016.15 ( a ) ( 5 ) ( i ) provides an Exception, but this Exception is only pertaining to the Credit Unions requirement of giving prior Opt-Out notice before sharing nonpublic personal information with a consumer reporting agency. 12 CFR 1016.15 ( a ) ( 5 ) ( i ) allows XXXX to disclose information to a consumer reporting agency in accordance with the Fair Credit Reporting Act ( 15 U.S.C. 1681 **et seq. ). It clearly states that the sharing of information must be in compliance with the FCRA. ( See Attachment XXXX XXXXXXXX ) Furthermore, XXXX2 CFR 1016.16 says Nothing in this part shall be construed to modify, limit, or supersede the operation of the Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) The Federal Regulations are clearly stating that the FCRA is the supreme consumer law of the land. Equifax and XXXX seem to illegally cherry pick which laws they wish to follow. ( See Attachment XXXX XXXXXXXX ) Nothing in the Federal Regulation grants them the right to share my information while refusing to comply with my written instructions. The law only allows them the exception of having to first give the consumer a prior notice before sharing their information with a CRA. The consumer still has the right to opt-out at any time. ( See Attachment XXXX XXXXXXXX ) 12 CFR 1016.7 ( g ) states ( 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. 
The federal regulations are meant to be in harmony with the Fair Credit Reporting Act and do not supersede it, cancel it or modify it. ( See Attachement XXXX XXXXXXXX )

Company response to consumer: Closed with non-monetary relief