Consumer complaint received 2024-07-17 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Incorrect information on your report — Public record information inaccurate
Company: EQUIFAX, INC.
State: HI

Complaint narrative:
Equifax, XXXX and XXXX XXXX continue to report a bankruptcy that they do not have authorization to report and in violation of the FCRA. XXXX, Equifax, and XXXX XXXX are data furnishers that sell consumers personal information for profit. Neither company has my permission to report this information and federal law requires that they send me an opt out notice every 30 days to give me the option to opt out of my personal information being shared. 

The only reason each company continues to report this information is because of the profit that each makes which makes the investigation that they keep declaring the information verified biased. Just because they got records from a public domain does not make it accurate or verified. Who did they talk to from the courthouse that stated that this bankruptcy actually was filed by me. 248.124 Reasonable opportunity to opt out. I demand all bankruptcy reporting be removed immediately.

( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ).

( b ) Conditions of Disclosure. No agency shall disclose any record which is contained in a system of 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. 

The Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( e ) ( 4 ) of this section in a form available to the public at low cost. ( g ) ( 1 ) Civil Remedies. Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individual 's record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.

( 2 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo. ( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. ( 3 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action. ( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. ( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of { { {$1000.00} } } per violation ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court. ( 5 ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to XX/XX/1975. 

( i ) ( 1 ) Criminal Penalties. Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than { { {$5000.00} } } per violation.

( 2 ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than { { {$5000.00} } } per violation.

( 3 ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than { { {$5000.00} } } per violation.

In accordance with the Fair Credit Reporting Act, as a Federally Protected Consumer, these creditors and credit reporting agencies have violated my rights under USC 1681 602 which states that I have the right to privacy.

15 USC 1681 section 604 ( a ) 2, it also states that a consumer reporting agency can not furnish an account without my written instructions and consent.

15 USC 1681b ( 2 ) and 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 purposes. I demand any late payments ( s ) be updated to paid on time according to these US laws. 

XXXX, Equifax and XXXX XXXX also continue to report inaccurate info such as name, address, phone number, etc. even after written and verbal requests have been made to update records, they have not. 

XXXX, Equifax and XXXX XXXX also continue to report inconsistent information. Across the three reports, there are many inconsistencies of information including open dates, closed dates, etc. 

All of these violations have caused serious adverse consequences that negatively affected and still negatively affecting the consumer including but not limited to the denial of credit, housing, fair rates, employment, etc. It has paralyzed and robbed the consumers the ability to attain credit anywhere, blackballing them and seriously affecting their quality of life for many years.

Company response to consumer: Closed with non-monetary relief