Consumer complaint received 2024-12-17 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: CA

Complaint narrative:
Greetings, This notice is about inaccuracies that I recently come to know about that are inequitably being furnished by your organization on my Consumer File. Due to these inaccuracies, my right to extend credit is being hindered and has been damaged to a great extent. According to 15 USC 1681 ( a ) ( 3 ) of the Fair Credit Reporting Act ( FCRA ), Consumer Reporting Agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. So I hereby put your organization on notice and would like to inform you that I never gave consent to this report being furnished by your organization on my behalf.

Pursuant to 15 USC 1681 ( a ) ( 4 ), consumer reporting agencies must exercise their grave responsibilities with fairness, impartiality, and respect for the consumers right to privacy. Your organization neither exercised its responsibilities with fairness and impartiality nor protected my right to privacy.

I extended my consumer credit for personal, household, and/or family needs since banks don't have the needs or power to lend out of their own capital stock according to 12 USC 1431 and 12 USC 83 . And these companies are violating my consumer rights. EQUIFAX, you are in violation by not taking the necessary procedures to prevent erroneous, frivolous inaccurate information to be furnished on my consumer credit report that would cause any hinderess to my livelihood. 

The records being referred to are recorded below and I also enclosed copies of the inaccurate information being furnished. 
EQUIFAX is furnishing inaccuracies to my consumer report without permissible purpose per 15 USC 1681b, as well as improperly furnishing information without any proper investigation or following reasonable procedures to assure maximum accuracy of the information concerning the individual about whom the report relates per 15 USC 1681e ( b ) of the Fair Credit Reporting Act ( FCRA ).

Did I give you written instructions to furnish this on my credit report? Do you have some sort of contract bearing my signature that I gave you EQUIFAX or any of the CREDITORS on my report permission to furnish any information on my consumer report? Did you provide full disclosures of the reporting, did you provide me an option to opt out from any information being furnished. NO, I did not. Your organization just assumed a vital role without taking the necessary actions to verify the validity of this information. As a result my livelihood has been adversely affected. 

Your organization is in clear violation of the law. Under 15 USC 1681b - permissible purpose of consumer reports, THE LAW CLEARLY STATES : 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 instructions of the consumer to whom it relates.

Pursuant to 15 USC 1681 ( a ) ( 1 ) the banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair 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. By you, EQUIFAX, not taking the reasonable procedures to assure the maximum accuracy, you are hindering one 's livelihood and ability to extend credit. 

Furthermore reporting ANY transactions history regarding my open-end credit plan is against the law pursuant to 15 USC 1681a 2 ( A ) ( i ). This includes, payment history ( such as late payments ), utilization ( balance ), dates of payments, etc.

15 USC 1681a 2 ( A ) ( i ) - EXCLUSIONS- Except as provided in paragraph ( 3 ), the term " consumer report '' does not include- ( A ) subject to section 1681s-3 of this title, any- ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Furthermore Pursuant to 15 USC 1666b a creditor may NOT treat a payment on a credit card account under an open end consumer credit plan as late for any purpose and that's what these companies are doing. They are also in violation of 15 USC 1666d by reporting a balance of {$1.00} or more to the consumer reporting agencies. When in actuality they are suppose to be crediting the balance to the consumers account, refund any part of the amount of the remaining credit balance, and or make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account. 

15 USC 1666b- Timing of payments - ( a ) TIME TO MAKE PAYMENTS 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 USC 1666d - Treatment of credit balances Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to a creditor in excess of the total balance due on an account, ( 2 ) rebates of unearned finance charges or insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, the creditor shall credit the amount of the credit balance to the consumers account ; refund any part of the amount of the remaining credit balance, upon request of the consumer ; and make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account By EQUIFAX not properly taking the maximum procedures to assure maximum accuracy of the information being furnished, are also violating federal laws and the Fair Credit Reporting Act. EQUIFAX should be ashamed for assuming this role and position to constantly violate consumer rights and commit fraud, further damaging and causing harm to consumers and their livelihood. 

Additionally, several of these companies have not only violated federal laws such as Privacy Act of 1974, Gramm-Leach Bliley Act, Fair Credit Reporting Act, and Code of Federal Regulations ( such as 16 CFR 313.6, 16 CFR 313.7, 16 CFR 433.2 and 16 CFR 433.3 ) but they are also committing securities fraud and are in breach of fiduciary duties, especially COUNTY OF RIVERSIDE CHILD SUPPORT. However I'm sure you wouldve known that if you had done the following procedures to assure the accuracy of this information.

Per 15 USC 6802 and 15 USC 6803 these companies were to provide a ( A ) clear and conspicuous disclosures regarding the option of opting out from financial institutions giving my nonpublic personal information to non-affiliated third parties, ( B ) the opportunity to direct that such information not be disclosed to such third party, and ( C ) an explanation of how I, the consumer can exercise that nondisclosure option. However such clear and conspicuous disclosures were NEVER provided.

These companies are also in violation of 15 USC 1681s-2. Even after putting them on notices and the continuous pattern of misconduct, they are still in breach of fiduciary duties pursuant to UCC 3-307 and still furnishing these inaccuracies.

There is no such law that states anything needs to be reported to a consumer reporting agency. Therefore your organization is liable.

Company response to consumer: Closed with non-monetary relief