Consumer complaint received 2023-12-19 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: VA

Complaint narrative:
I am writing to address the ongoing contractual violations by Self Lender and XXXX XXXX XXXX  XXXX EQUIFAX AND XXXX resulting in significant breaches of federal privacy laws and rendering our contract void and ineffective immediately. 
proof of violations are in the letter they emailed as correspondence. 
The violations include but are not limited to : XXXX reporting of XXXX months paid to third party which is a violation of 15 USC 6805/15 CFR 313.7. 
2. Unauthorized sharing of my personal financial information with a non-affiliate without explicit consent, infringing upon my right to opt-out as per 15 USC 6805/15 CFR 313.7.

3. The illegal inclusion of detailed transaction history in their reports, which is explicitly prohibited under 15 CFR 433.2.

4. False conveyance of language, misrepresenting the transaction history in their reports, a violation under 17 CFR 424.

5. Inclusion of promotional inquiry and solicitation, which is an additional breach of privacy rights.

6. The Information in the credit file was not always kept confidential 7. Criminal liability of any officer or employee of consumer reporting agency to an unauthorised person.

8. Claims to have closed the account but refused to furnish a full audit of the account which is still being classified as OPEN 9. Has posed a significant risk to my privacy as a consumer 10. Reporting derogatory marks of UNPAID without my consent causing harm to the consumer The Act ( Title VI of the Consumer Credit Protection Act ) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report can not be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The Fair and Accurate Credit Transactions Act added many provisions to this Act primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau most of the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains all its enforcement authority.

I demand compensation for the breaches that have resulted in significant privacy violations, totaling {$9000.00} based on the identified violations, each amounting to {$1000.00}.

Furthermore, it is essential to rectify an error in your records. The name FOR THE ACCOUNT should be XXXX XXXX XXXX XXXX not XXXX XXXX XXXX I registered the account under my full name. The inclusion of the incorrect name in the contract further supports its invalidity. 

Moreover, any further reporting of account history or attempts to collect information will be considered a breach of federal law, court orders, and agreement terms. 

Please provide written acknowledgment of the compensation demand, confirmation of ceasing any account reporting, immediate correction of my name to XXXX XXXX XXXX XXXX XXXX XXXX XXXX ] days upon receipt. Failure to comply within the stipulated timeframe will necessitate pursuing all available legal remedies to seek redress for the infringements upon my privacy rights as outlined in federal law and the court orders. 

I anticipate your immediate attention and compliance with these demands. 

SUBCHAPTER IDISCLOSURE OF NONPUBLIC PERSONAL INFORMATION XXXX. Protection of nonpublic personal informa- tion ( a ) Privacy obligation policy It is the policy of the Congress that each fi- nancial institution has an affirmative and con- tinuing obligation to respect the privacy of its customers and to protect the security and con- fidentiality of those customers nonpublic per- sonal 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 of Consumer Financial Protection, shall establish appropriate standards for the financial institu- tions subject to their jurisdiction relating to ad- ministrative, technical, and physical safe- guards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconven- ience to any customer.

( a ) Notice requirements Except as otherwise provided in this sub- chapter, a financial institution may not, di- rectly 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 no- tice 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 non- affiliated third party unless ( A ) such financial institution 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 in- formation may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is ini- tially disclosed, to direct that such informa- tion not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that non- disclosure option.

( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services of- fered pursuant to joint agreements between two or more financial institutions that com- ply with the requirements imposed by the reg- ulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to main- tain the confidentiality of such information.

( c ) Limits on reuse of information Except as otherwise provided in this sub- chapter, a nonaffiliated third party that re- ceives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such re- ceiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.

( d ) Limitations on the sharing of account num- ber information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access num- ber or access code for a credit card account, de- posit account, or transaction account of a con- sumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or oth 433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.

In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.

16 CFR 313.7 - Form of opt out notice to consumers ; opt out methods.

CFR 313.7 Form of opt out notice to consumers ; opt out methods.

( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right.

( 2 ) Examples ( i ) Adequate opt out notice. You provide adequate notice that the consumer can opt out of the disclosure of nonpublic personal information to a nonaffiliated third party if you : ( A ) Identify all of the categories of nonpublic personal information that you disclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to which you disclose the information, as described in 313.6 ( a ) ( 2 ) and ( 3 ) and state that the consumer can opt out of the disclosure of that information; and ( B ) Identify the financial products or services that the consumer obtains from you, either singly or jointly, to which the opt out direction would apply.

( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form that includes the address to which the form should be mailed ; or ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out.

( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice.

( iv ) Specific opt out means. You may require each consumer to opt out through a specific means, as long as that means is reasonable for that consumer.

( b ) Same form as initial notice permitted. You may provide the opt out notice together with or on the same written or electronic form as the initial notice you provide in accordance with 313.4.

( c ) Initial notice required when opt out notice delivered subsequent to initial notice. If you provide the opt out notice later than required for the initial notice in accordance with 313.4, you must also include a copy of the initial notice with the opt out notice in writing or, if the consumer agrees, electronically.

( d ) Joint relationships.

( 1 ) If two or more consumers jointly obtain a financial product or service from you, you may provide a single opt out notice, unless one or more of those consumers requests a separate opt out notice. Your opt out notice must explain how you will treat an opt out direction by a joint consumer ( as explained in paragraph ( d ) ( 5 ) ( ii ) of this section ).

( 2 ) Any of the joint consumers may exercise the right to opt out. You may either : ( i ) Treat an opt out direction by a joint consumer as applying to all of the associated joint consumers; or ( ii ) Permit each joint consumer to opt out separately.

( 3 ) If you permit each joint consumer to opt out separately, you must permit one of the joint consumers to opt out on behalf of all of the joint consumers.

( 4 ) You may not require all joint consumers to opt out before you implement any opt out direction. 

( XXXX ) XXXX. If XXXX and XXXX have a joint credit card account with you and arrange for you to send statements to XXXX 's address, you XXXX do any of the following, but you must explain in your opt out notice which opt out policy you will follow : ( i ) Send a single opt out notice to XXXX 's address, but you must accept an opt out direction from either XXXX or XXXX. 

( ii ) Treat an opt out direction by either XXXX or XXXX as applying to the entire account. If you do so, and XXXX opts out, you XXXX not require XXXX to opt out as well before implementing XXXX 's opt out direction. 

( iii ) XXXX XXXX and XXXX to make different opt out directions. If you do so, ( A ) You must permit XXXX and XXXX to opt out for each other; ( B ) If both opt out, you must permit both to notify you in a single response ( such as on a form or through a telephone call ) ; and ( C ) If XXXX opts out and XXXX does not, you XXXX only disclose nonpublic personal information about XXXX, but not about XXXX and not about XXXX and XXXX jointly. 

( XXXX ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. 

( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time.

( g ) Duration of consumer 's opt out direction.

( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically.

( 2 ) 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. If the individual subsequently establishes a new customer relationship with you, the opt out direction that applied to the former relationship does not apply to the new relationship.

( h ) Delivery. When you are required to deliver an opt out notice by this section, you must deliver it according to 313.9.

( i ) Model privacy form. Pursuant to 313.2 ( a ) of this part, a model privacy form that meets the notice content requirements of this section is included in appendix A of this part. 

[ XXXX XXXX XXXX, XX/XX/XXXX, as amended at XXXX XXXX XXXX, XXXX XXXX, XXXX ] ( d ) ( XXXX ) To enhance the readability of the prospectus, you must use plain English principles in the organization, language, and design of the front and back cover pages, the summary, and the risk factors section.

( 2 ) You must draft the language in these sections so that at a minimum it substantially complies with each of the following plain English writing prin- ciples : ( i ) Short sentences ; ( ii ) Definite, concrete, everyday words ; ( iii ) Active voice ; ( iv ) Tabular presentation or bullet lists for complex material, whenever possible ; ( v ) No legal jargon or highly technical business terms ; and ( vi ) No multiple negatives.

( 3 ) In designing these sections or other sections of the prospectus, you may include pictures, logos, charts, graphs, or other design elements so long as the design is not misleading and the required information is clear. You are encouraged to use tables, schedules, charts and graphic illustrations of the results of operations, balance sheet, or other financial data that present the data in an understandable manner. Any presentation must be consistent with the financial statements and non-financial information in the prospectus. You must draw the graphs and charts to scale. Any information you provide must not be misleading

Company response to consumer: Closed with explanation