Consumer complaint received 2024-02-23 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: TX

Complaint narrative:
According to the Fair Credit Reporting Act, 15 USC 1681 Section 602 ( a ) ( 4 ) states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and respect for the consumer 's right to privacy. I am the consumer and Equifax, XXXX and XXXX are the consumer reporting agencies. I as the consumer have the right to protect my private information and ensure that it is not being shared, which also aligns with 15 USC, which 6801 states that 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. Capital One is a financial institution by definition under title 15 U.S.C. 1681b ( a ) reads In general. Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) in accordance with the written instruction of the consumer to whom it relates. XXXX XXXX which is the financial institution and the consumer reporting agencies Equifax, XXXX, and XXXX DO NOT have my consent written consent to furnish this information. Privacy Act of 1974 also known as 5 U.S.C. 552a ( b ) states Conditions of Disclosure - No agency shall disclose any record which is contained on a system or records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains.

I the consumer am opting out of any and all consent, whether it is written, unwritten, verbal, or nonverbal implied, or otherwise is revoked effective immediately and indefinitely. 15 U.S.C. 6802 ( b ) ( c ) says 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 nondisclosure option. XXXX XXXX NEVER made me aware of my right to exercise my nondisclosure option. Also, 15 U.S.C. 1681c ( a ) ( 5 ) says Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information ( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. This account that is being reported is an adverse item, and it is being reported without my permission or consent, which is against the law. 15 U.S.C. 1681s-2 ( a ) ( 1 ) says 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 U.S.C. 1681e ( a ) says Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 605 [ 1681c ] and to limit the furnishing of consumer reports to the purposes listed under section 604 [ 1681b ] of this title. XXXX, Equifax, and XXXX ARE NOT maintaining reasonable practices as stated in the above U.S.C. 1681e ( a ).

According to 15 U.S.C. 1666b ( a ) A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose. 15 U.S.C. 1681 ( a ) ( 2 ) states Exclusions. Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 624, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; XXXX XXXX violated my consumer rights by furnishing late payments, as well credit utilization to my consumer report. 

The existence of these adverse items on my consumer report is causing me great harm. It is deeply impacting my life as a consumer, my livelihood, and my ability to take care of my family. I am unable to obtain the things that I need for myself and my family to live daily. This has ultimately resulted in multiple loan application denials, increased interest rates as well as severe financial and emotional distress, which will continue until this is resolved.

Company response to consumer: Closed with explanation