Consumer complaint received 2024-11-16 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: FL

Complaint narrative:
XXXXXXXX XXXX XXXX XXXX XXXX XXXX  XXXX, Fl XXXX XX/XX/XXXX To : Consumer Financial Protection Bureau ( CFPB ) Equifax Information Services LLC XXXX XXXX XXXX XXXX XXXX. 
XXXX XXXX Subject : Formal Complaint : Immediate Removal of Unauthorized, Defaming, and Misrepresented Accounts and Information from My Consumer Report To Whom It May Concern, This letter serves as a formal complaint and demand for immediate action regarding the unauthorized, inaccurate, and fraudulent reporting of accounts, addresses, names, and phone numbers on my consumer report. Despite notifying the companies and credit reporting agencies listed below of my opt-out request under 15 U.S.C. 6802, they have willfully ignored my legal rights and continue to report unauthorized and defaming information. This gross violation of federal law has drastically impacted my financial standing and future opportunities while also violating my right to privacy and informed consent. 
Accounts Reporting Without Authorization The following accounts are being reported on my consumer report without proper disclosures, informed consent, or legal authority : XXXX XXXX XXXX : Account Number : XXXX XXXX. XXXX XXXX XXXX Account Number : XXXXXXXX XXXX XXXX XXXX XXXX XXXX Account Numbers : XXXX, XXXX XXXX. XXXX XXXX : Account Number : XXXX XXXX. XXXX XXXX ( XXXX ) : Account Number : XXXX XXXX XXXX XXXX XXXX  : Account Number : XXXX Unauthorized Addresses, Names, and Phone Numbers The following information is being reported against my will and must be removed immediately : Addresses : XXXX XXXX XXXX XXXX XXXX XXXX XXXX FL XXXX ( reported : XX/XX/XXXX ) Phone Numbers : ( XXXX ) XXXX Names : Only the name XXXX XXXX should be reported.

Violations of Federal Law 1. Violation of Consumer Privacy Rights ( 15 U.S.C. 1681 Section 602a and 15 U.S.C. 6801 ) According to 15 U.S.C. 1681 Section 602a, consumer reporting agencies are required to fulfill their responsibilities with fairness, impartiality, and respect for the consumers right to privacy. Further, under 15 U.S.C. 6801, financial institutions have an obligation to protect customer privacy. 
In this case, Equifax, XXXX, and XXXX have failed to safeguard my private information, instead disclosing it without my explicit written consent. This violation not only disregards federal law but also severely undermines my trust in these institutions. 

I have officially opted out of Equifax, XXXX, and XXXX under federal data privacy laws, further reinforcing my position that these credit reporting agencies are prohibited from reporting or disclosing any nonpublic personal information without my explicit written consent. Under 15 U.S.C. 6802 ( b ) and ( c ), financial institutions, including credit reporting agencies, are required to honor a consumers opt-out request and must cease the sharing or reporting of information to unaffiliated third parties without proper authorization. This further invalidates any claim that these agencies have the right to report or retain unauthorized information on my consumer report.

2. Reporting Without Written Consent is Fraudulent ( 15 U.S.C. 1681b and 15 U.S.C. 1681 Section 604a ( 2 ) ) Under 15 U.S.C. 1681 Section 604a ( 2 ), consumer reporting agencies may only furnish a consumer report in accordance with the explicit written instructions of the consumer. I have never provided written authorization, verbal consent, or implied consent for the reporting of these accounts. 
This reporting constitutes fraud, as it misrepresents my creditworthiness and defames my financial standing. Furthermore, any claim by these agencies or furnishers that my previous disputes validate this reporting is baseless and illegal. 
XXXX. Failure to Notify and Allow Opt-Out Violates 15 U.S.C. 6802 ( b ) ( c ) Under 15 U.S.C. 6802 ( b ) ( c ), financial institutions are prohibited from disclosing nonpublic personal information to a nonaffiliated third party without informing the consumer about how to exercise the nondisclosure option. XXXX XXXX XXXX XXXX XXXX, and others failed to provide these disclosures at the beginning of our relationship, rendering all reported information unauthorized and illegal. 
As a consumer, I have exercised my opt-out rights, as indicated in my opt-out notice dated XX/XX/XXXX, and any further reporting of my nonpublic information violates federal law. 
4. Breach of Fiduciary Duty and Contractual Obligations These institutions have breached their fiduciary duty by failing to act in good faith and protect my financial information. This breach, combined with their disregard for federal law, amounts to gross negligence and intentional misconduct.

Commitment to Continuing Business with Certain Companies I wish to make it explicitly clear that I plan to continue business with the companies reporting unauthorized information on accounts. Their failure to meet their fiduciary obligations and federal requirements does not invalidate my legal right to demand the removal of these accounts On my Consumer Report Reporting unauthorized information while continuing to do business with me is a malicious and deliberate act of bad faith. It defames my creditworthiness, violates my trust, and constitutes fraudulent intent under the FCRA and GLBA.

The removal of accounts from your consumer report does not constitute a breach of your agreement with the companies nor give them the right to close your accounts or cease doing business with you arbitrarily. Legal and contractual protections, as well as case law, address this concern : Relevant Laws and Protections : 1. Equal Credit Opportunity Act ( ECOA ) - 15 U.S.C. 1691 ( a ) : The ECOA prohibits creditors from discriminating against any applicant in any aspect of a credit transaction. Retaliatory actions, such as closing accounts because of lawful disputes or corrections to your credit report, could be viewed as discriminatory or retaliatory under this statute.

2. Breach of Contract and Fiduciary Duty : If a creditor closes your account without cause or due to lawful actions such as disputing credit report inaccuracies, this could constitute a breach of the covenant of good faith and fair dealing inherent in all contracts. Creditors have an obligation to act in good faith and not retaliate against consumers for exercising their rights under federal law.

3. FCRA - 15 U.S.C. 1681i ( a ) : The Fair Credit Reporting Act guarantees consumers the right to dispute inaccuracies on their credit reports. Taking adverse action based on lawful disputes and corrections can violate the spirit of the FCRA, particularly if it results in retaliatory accoun
t closures.

Supporting Case Law : XXXX. XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) : This case affirmed that creditors must provide legitimate, nondiscriminatory reasons for adverse actions such as account closures. Retaliatory actions for lawful consumer disputes may constitute a violation of federal law. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : A financial institutions arbitrary closure of an account without evidence of breach or wrongdoing by the consumer was deemed a potential breach of contract and bad faith. 
XXXX. XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX This case highlights the importance of consumer consent in credit reporting and affirms that creditors can not penalize consumers for exercising their rights under the FCRA. 
Severe Penalties for Noncompliance : 1. FCRA Violations ( 15 U.S.C. 1681n and 1681o ) : Willful noncompliance with the FCRA, including taking retaliatory action, can result in : Statutory damages of {$1000.00} per violation.

Actual damages, including financial and emotional harm.

Punitive damages for willful violations.

Attorney fees and costs.

2. ECOA Penalties ( 15 U.S.C. 1691e ) : Actual damages sustained by the consumer. 
Statutory damages up to {$10000.00} per violation. 
Class action liability of up to {$500000.00} or 1 % of the creditors net worth, whichever is less. 
Attorney fees and costs.

3

. Breach of Contract Damages : Full restitution for financial harm caused by the account closure.

Compensation for consequential damages, including lost business opportunities.

Taking adverse actions such as account closures based solely on the removal of accounts from your consumer report or lawful disputes is unlawful and can lead to significant legal and financial repercussions. Any such action would likely be interpreted as bad faith and retaliation, exposing the company to substantial liability.

Demand for Immediate Action I am demanding the following actions : 1. I

mmediate removal of all unauthorized accounts, addresses, names, and phone numbers from my credit reports across all bureaus.

2. Written confirmation of the removal and acknowledgment of the unauthorized nature of the reported information.

3. Assurance that no further unauthorized information will be reported or shared.

Failure to comply within four business days of receiving this notice will result in escalation, including : Filing a formal complaint with the Federal Trade Commission ( FTC ) for deceptive and unfair practices.

Pursuing legal action for violations of the FCRA, GLBA, and other applicable laws. 
Conclusion As a victim of unauthorized reporting, fraudulent misrepresentation, and breach of fiduciary duty, I am entitled to immediate correction of my consumer report. The law is clear, and the violations outlined here demand swift and complete resolution. 
Sincerely, XXXX XXXX

Company response to consumer: Closed with non-monetary relief