Consumer complaint received 2024-11-19 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:
Per the Fair Credit Reporting Act ( FCRA ) as a federally protected consumer, I hereby Opt-out ( Including paper, oral, and electronic interchange ) of Any and All authorization I the consumer may have given you written, unwritten, verbal, and nonverbal via 15 USC 6802 . It is infective immediately and indefinitely. The Privacy Act of 1974, as amended, 5 U.S.C. 552a, establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies.

According to the Fair Credit Reporting Act 1681 section 602 a state There is a need to ensure that consumer reporting agencies excise their grave responsibilities with fairness, impartiality, and respect for the consumers right to privacy. Equifax, XXXX, and XXXX are consumer reporting agencies, and I am the consumer. In XXXX XXXX XXXX XXXX XXXX terms and conditions, they agreed not to share my information with nonaffiliates. XXXX, Equifax, and XXXX are not affiliates of XXXX XXXX XXXX XXXX XXXX nor are they " bureaus. The only true credit bureau is the CFPB and they DO NOT furnish consumer reports as stated in federal law. I have the right to make sure my private information is not shared which is backed by 15 USC 6801 which states It is the policy of Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. XXXX XXXX XXXX XXXX XXXX is a financial institution by definition under that title. 
XXXX CFR XXXX ( g ) Duration of consumer 's opt-out direction. It states When a customer relationship terminates, the customer 's opt-out direction continues to apply to the nonpublic personal information that you collected during or related to that relationship. Also, 15 USC 1681 section 604 a section 2 In general Subject to subsection ( c ), 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. XXXX XXXX XXXX XXXX XXXX XXXX XXXX, and the Consumer reporting agencies Equifax, XXXX, and XXXX do not have my consent to furnish this information, and they surely do not have my written consent. Any and all consent to Equifax, XXXX, XXXX, and XXXX XXXX XXXX XXXX XXXX, whether verbal, nonverbal, written, implied, or otherwise, is revoked. 15 USC 6802 ( b ) ( c ) states that A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless -- - the consumer is given an explanation of how the consumer can exercise that disclosure option. XXXX XXXX XXXX XXXX XXXX never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states 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. This account is an adverse item they are reporting again without my permission which is against the law. 15 USC 1681s-2 ( A ) ( 1 ) A states 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. 15 USC 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. Equifax, XXXX, and XXXX are not maintaining reasonable procedures. Furthermore, 12 CFR 1016.7 states that A consumer may exercise the right to opt-out at any time. Title 31 section 3711e states 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. 
Accordingly, via XXXX XXXX XXXX ( XXXX ) which states No person XXXX require a consumer to establish an account for receipt of electronic fund transfers with a particular financial institution as a condition of employment or receipt of a government benefit. 
XXXX XXXX XXXX XXXX XXXX  can not collect on a XXXX debt. This is now considered a certificate of indebtedness per the IRS and income can not be reported. The IRS Clearly defines a charge-off as Gross or Ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which makes the reporting of this account inaccurate! I provided a screenshot from the IRS website. By XXXX, the IRS says a Cancelled debt or charge-off is XXXX. The reporting of this account as a debt is inaccurate. I never received a XXXX from XXXXXXXX XXXX XXXX XXXX XXXX  for the canceled debt of { { {$12000.00} } } in order to file as ordinary income. Where is my XXXXXXXX XXXX XXXX XXXX XXXX XXXX writing off debt with the IRS without XXXX out XXXX as required by the IRS for debts greater XXXX { { {$600.00} } }. This is unsatisfactory! XXXX XXXX XXXX XXXX XXXX HEREBY PUT ON NOTICE that they are furnishing inaccurate information. This is your XXXX notice to return ALL money due from this consumer account. Treatment of credit balances ; account termination. ( a ) Credit balances. When a credit balance in excess of { { {$1.00} } } is created on a credit account ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of the consumer ), the creditor shall : ( XXXX ) Credit the amount of the credit balance to the consumer 's account ; ( XXXX ) Refund any part of the remaining credit balance within XXXX business days from receipt of a written request XXXX from the consumer ; ( XXXX ) Make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than XXXX months.

Company response to consumer: Closed with explanation