Consumer complaint received 2025-12-07 00:00:00
Product: Credit card — General-purpose credit card or charge card
Issue: Other features, terms, or problems — Privacy issues
Company: EQUIFAX, INC.
State: FL

Complaint narrative:
XXXX XXXX XXXX  Account : XXXX Date open : XX/XX/XXXX Charge off : {$16000.00} XXXX XXXX XXXX Account:XXXX Date open : XX/XX/XXXX Charge off : XXXX Illegal debt collection XXXX ( XXXX XXXX  - Core ) ( XXXX ) XXXX XXXX XXXX, XXXXXXXX XXXX XXXXXXXX NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT Violation * the Privacy Act of 1974 * 15 U.S. Code 1692e ( 12 ) - False or misleading representations * 15 U.S. Code 6801 - Protection of nonpublic personal information * 15 usc 1681 s-2 Responsibilities of furnishers of information to consumer reporting agencies * The IRS Tax Publication 4681, Canceled Debts * 15 usc 1681n. Civil liability for willful noncompliance To whom this may concern your company is violating my consumer rights, breaking the FCRA this is not a validation of any information your company can find. Your company XXXX also is furnishing inaccurate and incorrect information to the consumer reporting agencies. The report of such inaccurate information has caused severe damages to my character, my reputation, my general mode of living and my ability to obtain credit for personal and household purposes. 
This letter is a reply to your company XXXX response via CFPB # XXXX and in that response your company is quoted saying We confirmed the account is currently placed with XXXX ( XXXX XXXX  - Core ) ( XXXX ) that is a direct violation of my nonpublic personal information. XXXX is a debt collector agency. 
I have a right to privacy and Per the Privacy Act of 1974 as a federally protected consumer I am now revoking any and all authorization I the consumer may have given the original creditor, non written, verbal, and nonverbal per 5 U.S. Code 552a. So saying your company placed my nonpublic personal information with XXXX is against federal law. 
The only way information can be shared is by common ownership or control. 
15 U.S. Code 6809 - Definitions ( 5 ) Nonaffiliated third party The term nonaffiliated third party means any entity that is not an affiliate of, or related by common ownership or affiliated by corporate control with, the financial institution, but does not include a joint employee of such institution. 
XXXX has no obligation to share my nonpublic personal information with XXXX because your company does not own, has common ownership nor is affiliated by corporate control. 
The CFPB has sued XXXX for the same reason before. Previous lawsuits and actions from the CFPB against XXXX include a {$300.00} million refund order for illegal credit card practices, action regarding the sale of bad debt. Here you are still practicing these bad debt practices that are clearly against federal laws.

15 U.S. Code 1692e ( 12 ) - False or misleading representations ( 12 ) The false representation or implication that accounts have been turned over to innocent for value. Saying my account has been placed with XXXX is false and misleading. 15 usc 6802 states a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information XXXX would be considered a non affiliated third party. 
The CFPB, along with state attorneys general, took action against XXXX for selling inaccurate bad debt. XXXX XXXX ( XXXX ) was sued in XXXX following a XX/XX/XXXX data breach that exposed the personal information of over XXXX accounts. The class-action lawsuit, filed in XX/XX/XXXX, alleges the bank failed to implement adequate cybersecurity measures and provide proper notification of the incident, seeking various damages from the company.

15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) PRIVACY OBLIGATION POLICY It is the policy of the 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. 
( b ) FINANCIAL INSTITUTIONS SAFEGUARDS In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau ofConsumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; 15 usc 6802 obligation with a respect disclosure of personal information ( a ) NOTICE REQUIREMENTS Except as otherwise provided in this subchapter, a financial institution may 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 institutions 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.

That means before you disclose my nonpublic personal information you would have to tell me that you're going to give the collection company XXXX my information. Not after you do it that not the law. 
This includes any personally identifiable financial information that a financial institution has about a customer, which is not publicly available. Financial institutions have a continuing obligation to protect the security and confidentiality of this information.

15 usc 1681 s-2 Responsibilities of furnishers of information to consumer reporting agencies ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION ( 1 ) 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 the information is inaccurate. 
Duty A moral or legal obligation ; responsibility. 
Accurate Correct in all details ; exact. 
Prohibition A law or regulation forbids something.

15 usc 1681 s-2 says your company is a furnisher of information to a consumer reporting agency.

You are prohibited by law to furnish inaccurate information, I demand you to cease and desist reporting of incorrect and inaccurate information immediately to all three credit reporting agencies Experian Transunion and equifax.

15 usc 1681 s-2 ( a ) ( 1 ) ( a ) 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.

You are hereby put on NOTICE that you are furnishing incorrect inaccurate information 15 usc 1681s2. Responsibilities of furnishers of information to consumer reporting agencies ( 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. 
This is my second notice reaching out to your company to fix this problem the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system In your company response XXXX is quoted We confirmed a 1099-C document was filed for the account ending in XXXX for the XXXX tax year. If you have questions about the impacts of this form please contact a tax professional for assistance. 
That is false and misleading on the XXXX form XXXX sent me via mail, clearly stating that it is in fact a cancellation of debt. That I must file this cancelled debt on my XXXX tax return. See how misleading this is. The IRS clearly defines a charge off as gross ordinary income. 
INCOME DOESN'T GET REPORTED ON YOUR CONSUMER REPORT which in fact makes your reporting of this account inaccurate.

26 CFR 1.6050P-1 - Information reporting for discharges of indebtedness by certain entities.

( b ) Date of discharge ( 1 ) In general. Solely for purposes of this section, except as provided in paragraph ( b ) ( 3 ) of this section, indebtedness is discharged on the date of the occurrence of an identifiable event specified in paragraph ( b ) ( 2 ) of this section.

( 2 ) Identifiable eventsi ) In general. An identifiable event is ( G ) A discharge of indebtedness pursuant to a decision by the creditor, or the application of a defined policy of the creditor, to discontinue collection activity and discharge debt. 
Or iii ) Decision to discontinue collection activity ; creditor 's defined policy. For purposes of the identifiable event described in paragraph ( b ) ( 2 ) ( i ) ( G ) of this section, a creditor 's defined policy includes both a written policy of the creditor and the creditor 's established business practice. 
Thus, for example, a creditor 's established practice to discontinue collection activity and abandon debts upon expiration of a particular non-payment period is considered a defined policy for purposes of paragraph ( b ) ( 2 ) ( i ) ( G ) of this section.

The creditors own policy and practices is the discontinuation of collections and abandoning debt upon expiration of non-payment.

( a ) Reporting requirement ( 1 ) In general. Except as provided in paragraph ( d ) of this section, any applicable entity ( as defined in section 6050P ( c ) ( 1 ) ) that discharges an indebtedness of any person.

Your company is quoted as saying " The 1099C form is used if more than {$600.00} of taxable debt is forgiven or cancelled. '' Charging off a debt due to nonpayment by the definition of the IRS is considered canceled debt still! 
As defined by the IRS. 
" Even if you did not receive a form 1099-c, you must report canceled debt as gross ordinary income on your tax return '' The above statement comes directly from the IRS publication of what a charge off is and how it's defined and determined. The IRS clearly defines a charge off as gross ordinary income. 
INCOME DOESN'T GET REPORTED ON YOUR CONSUMER REPORT which in fact makes your reporting of this account inaccurate. 
Form 1099-C Reference Guide for Box 6 Identifiable Event Codes G Decision or policy to discontinue collection of the debt. I also attached the IRS publication so your legal team could follow federal law enforcement.

In conclusion I have shown you and youre being put on notice that you are reporting inaccurate information, The information, is in fact inaccurate. The continued reporting of this inaccurate information is a clear violation of the Law 15 USC 1681 S-2 of your responsibilities as a furnisher of information.

You have caused me and my family severe harm due to your negligence and inaccurate reporting. This is a final opportunity to Cure and DELETE This Erroneous, Inaccurate account from my Consumer report XXXX XXXX and XXXX

Company response to consumer: Closed with non-monetary relief