Consumer complaint received 2024-11-25 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:
XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, FL XXXX XX/XX/XXXX To : Consumer Financial Protection Bureau ( CFPB ) Equifax XXXX XXXX Subject : Severe Complaint : Immediate Removal of Unauthorized and Inaccurate Information from Consumer Report To Whom It May Concern, I am writing to demand the immediate removal of unauthorized and inaccurate information being reported on my consumer report by Equifax, XXXX, XXXX, and the companies listed below. These entities have engaged in flagrant violations of federal law by misrepresenting my creditworthiness, reporting information against my will, and failing to obtain my explicit written consent. This unauthorized reporting has caused significant harm to my financial standing and is a direct breach of my consumer rights. A breach of fiduciary duty is not merely an ethical lapse but a legal violation carrying severe consequences, particularly when it involves consumer financial data. The duty to act in good faith, with loyalty and transparency, is codified in numerous laws and supported by compelling case law. Under 15 U.S.C. 1681e ( b ), credit reporting agencies are required to follow reasonable procedures to ensure maximum possible accuracy of information ; failure to do so has been recognized as a breach of fiduciary responsibility in cases like XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), where the court held that credit agencies can be held liable for failing to maintain accurate consumer records. Additionally, Restatement ( Second ) of Torts 552, governing negligent misrepresentation, applies when institutions entrusted with consumer data disseminate false information to third parties without proper diligence. Courts have held financial institutions to a high standard of care, as seen in XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX ( XXXX XXXX. XXXX ), emphasizing the duty to protect consumer information from misuse. Furthermore, under 15 U.S.C. 6801 ( b ) of the Gramm-Leach-Bliley Act, financial institutions must respect consumer privacy and ensure safeguards to prevent unauthorized disclosures. Failure to do so, as in FTC XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX ( XXXX. XXXX ), demonstrates a clear breach of fiduciary duty, especially when consumer data is mismanaged or reported without informed consent. Finally, 15 U.S.C. 1692e ( 8 ) of the Fair Debt Collection Practices Act prohibits furnishing false or misleading information regarding a consumers creditworthiness. Courts have interpreted the act broadly to penalize any false reporting, as in XXXX XXXX XXXX XXXX & XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ), where misleading actions by credit furnishers were deemed unlawful. The cumulative violation of these statutes and precedents underscores the severity of fiduciary breaches by credit reporting agencies and furnishers. Such breaches not only erode consumer trust but also expose these entities to significant legal and financial penalties, including fines, injunctions, and compensatory damages for harm caused to consumers. Unauthorized Names and Addresses Reporting Only the following name should be reporting : XXXX XXXX XXXX Only the following address should be reporting : XXXX XXXX  XXXX XXXX XXXX XXXX, FL XXXX The following unauthorized names and addresses must be removed immediately : Unauthorized Names XXXX XXXX XXXX XXXX  XXXX Unauthorized Addresses XXXX XXXX XXXX, XXXX XXXX, FL XXXX XXXX XXXX  XXXX XXXX XXXX XXXX, XXXX XXXX  Reporting Unauthorized and Inaccurate Information 1. XXXX XXXX Account Number : XXXX Account closed by the creditor due to billing inquiries, yet still reporting as open with late payments that were unauthorized and never substantiated. 2. XXXX XXXX XXXX  XXXX Account Number : XXXX Fully paid and closed ; however, an inaccurate late payment is being reported, which misrepresents my creditworthiness. 3. XXXX Account Number : XXXX Reporting unauthorized and inaccurate information in violation of my opt-out request. 4. XXXX XXXX XXXX Account Number : XXXX 5. XXXX XXXX  XXXX Account number XXXX 6. XXXX XXXX XXXX Account number XXXX Reporting unauthorized late payments and transaction history without my explicit consent. Gross Violations of Federal Law The continued reporting of these unauthorized and inaccurate accounts violates : 1. Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681b : Consumer reporting agencies may only furnish information with explicit written consent. 15 U.S.C. 1681c-2 : All fraudulent or unauthorized information must be blocked within four business days of receiving an FTC identity theft report and supporting documentation. Failing to block such information within this timeframe constitutes a severe violation subject to penalties under the FCRA. 2. Privacy Protections Under 15 U.S.C. 6802 Financial institutions and credit reporting agencies are prohibited from sharing nonpublic personal information with third parties without consumer consent. Despite my formal opt-out notice sent on XX/XX/XXXX, the unauthorized accounts and information continue to be reported, constituting gross negligence and fraudulent intent The gravity of this violation can not be overstated. Reporting agencies are bound by 15 U.S.C. 1681e ( a ) to adopt reasonable procedures for the proper use of consumer reports, which includes respecting a consumers explicit instructions regarding their data. Ignoring an opt-out notice amounts to bad faith, mismanagement, and, potentially, fraudulent intent, as it falsely implies that I consented to the sharing and reporting of my personal information. Case law such as XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ), reinforces that reporting consumer information without permissible purpose or consent violates the Fair Credit Reporting Act ( FCRA ) and subjects the violator to liability for damages. Moreover, this unauthorized reporting against my will constitutes a direct attack on my autonomy and financial well-being. It perpetuates a cycle of harm by misrepresenting my creditworthiness, damaging my financial reputation, and exposing me to unnecessary scrutiny or denial of opportunities. The Federal Trade Commission has consistently emphasized that violations of consumer opt-out rights are unfair and deceptive practices, as seen in FTC v. Equifax Inc. , Civil Action No. XXXX. This callous disregard for my opt-out notice reflects a gross abuse of power and a systemic failure to prioritize consumer rights over profit. It is imperative that all unauthorized reporting cease immediately, and any parties found to have willfully ignored my instructions be held accountable under the full weight of the law.. 3. 18 U.S.C. 894 - Collection of Extensions of Credit by Extortionate Means XXXX XXXX XXXX, among others, has attempted to collect charged-off debts in a manner that can be classified as extortionate. These practices violate federal law and are punishable by up to 20 years in prison. 4. Breach of Fiduciary Duty and Contractual Obligations The reporting entities and financial institutions failed to provide proper disclosures and informed consent regarding the terms of reporting, as required by law. This constitutes a breach of fiduciary duty and a violation of contract law principles. Relevant XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ) : The Supreme Court ruled that consumer reporting agencies are liable for negligence if they fail to adopt reasonable procedures to ensure accurate consumer reports. XXXX XXXX Equifax, XXXX XXXX XXXX ( XXXX XXXX XXXX ) : The court held that failure to correct inaccurate information after receiving a valid dispute constitutes a violation of the FCRA. XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) : Reinforced that consumer reporting requires explicit written consent, and failure to obtain it violates the FCRA. FTC XXXX XXXX XXXX XXXX : Established penalties for failure to address fraudulent accounts after being notified of identity theft or inaccuracies. Disputes Do Not Validate Accounts It must be emphasized that my previous disputes regarding the accuracy of these accounts do not constitute validation or acceptance of their legitimacy. Any attempt by the credit reporting agencies or furnishers to use my prior disputes as justification for retaining unauthorized information would be predatory, fraudulent, and a direct violation of the FCRA. This deceptive practice would expose the agencies and furnishers to severe penalties. Opt-Out Notice I have formally opted out of Equifax, XXXX, and XXXX under 15 U.S.C. 6802, withdrawing all authorization to report nonpublic personal information, including transaction history, utilization, and account experiences. The continued reporting of such information against my will constitutes fraudulent intent and a breach of federal law. Demands for Immediate Action 1. Immediate Removal of All Unauthorized Information All unauthorized names, addresses, and accounts must be permanently removed from my consumer report with immediate effect or no later than four business days from receipt of this letter. 2. Written Confirmation of Compliance Equifax, XXXX, and XXXX must confirm the removal of all unauthorized information and provide documentation verifying compliance with federal law. 3. Adherence to Federal and Privacy Laws All parties must ensure compliance with the FCRA, 15 U.S.C. 6802, and related statutes to rectify these violations. Failure to address these demands will result in legal escalation, including FTC complaints, civil suits for statutory damages, and other legal remedies.

Company response to consumer: Closed with non-monetary relief