Consumer complaint received 2024-03-04 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: IN

Complaint narrative:
I have requested my consumer disclosure file not a consumer report. In regards to my " file disclosure '' I have requested all the information about me in the files of XXXX, Equifax, and XXXX consumer reporting agencies. According to XXXX, a consumer file disclosure will show any information that has been suppressed because the creditors have requested that the information not be shared. 
The amount of inaccuracies from one bureau to another is astounding. It includes dates, amounts, account numbers, ect.

16 CFR 313.4 Initial privacy notice to consumers required. ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects privacy policies and practices. CAN NOT disclose non public information to non affiliates described in initial notice which must be clear and conspicuos.

17CFR 248.124 Reasonable opportunity to opt out I never recieved privacy and opt out notice. The credit Bureaus must provide proof that I recieved privacy and opt out notices. I require the documentation used to determine authorization which include agreement, opt out notice given to me, privacy notice given to me, and all other documentation given to me and the names and ID numbers of all parties involved. Further rules that must be followed 16 CFR 313.4 ( a ) Initial privacy notice, 16 CFR 313.10 Limits on disclosure information to 3rd parties, 313.8 revised privacy.

I gave them copies of the opt out notices which serve as proof ( 15 USC 6801-6805 and 12 CFR 1016.7 ) that my current creditors should not be reporting transactions and my nonpublic information to non affiliates. For further proof I have given them all privacy policies of the creditors. I have also attached a copy of XXXX, Equifax, and XXXX privacy policy as a reminder of their policies. I let them know that I am exercising my right to privacy and confidentiality which includes my social security number. 
Any further reporting of negative transactions will be a serious breach of privacy and confidentiality and a violation that causes harm, emotional distress, and libel ( defamation ) which violates Privacy Act of 1974, 5 U.S.C. 552a, 22 CFR 1101 and are subject to a misdemeanor and {$5000.00} fine. Equifax, XXXX, and XXXX are also subject to liability {$1000.00} per violation 15 U.S.C. 1681n Civil liability and willful noncompliance FCRA 15 USC 1681 ( a ) ( 4 ) 602, According to the Fair Credit Reporting Act 15 USC 1681 section 602 a states " There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.

15 U.S.C. 6801- ( a ) Protection of nonpublic personal information with respect to privacy and protect security and confidentiality I gave them written consent and instructions per FCRA 15 U.S. Code 1681b backed up by P.L. 90-321 ( 82 Stat. 146 ), to remove all negative items on my consumer credit report. Without my consent/permissible purpose it is an unauthorized violation of privacy and confidentiality subject to liability per 15 U.S.C. 1681n Civil Liability {$1000.00} fine and Privacy Act of 1974, 5 U.S.C. 552a, 22 CFR 1101 {$5000.00} fine.

My instructions require removal of all derogatory items.

12 CFR 1016 and 15 USC 6802-6805. A consumer may exercise the right to opt out at any time. I am opting out of negative reporting only per FCRA, any consent I have given whether implied spoken, unspoken, written, unwritten or otherwise is revoked and rescinded immediately and indefinitely in regards to reporting negative items only ( 15 USC 6802-6805 and 12 CFR 1016 ).

FCRA 15 USC 1681a ( 2 ) ( A ) ( i ) Consumer report doesnt include transactions or experiences between consumer and person making report. ( " Person means corporation. XXXX is a corporation. Only a corporation can deal with corporation ). 
15 USC 1666b Can not be reported late under an open end consumer credit plan for any purpose. Truth in lending defines open end consumer credit plan as payable in more than 4 installments. 
All inquires on XXXX, Equifax, and XXXX must be removed because there is no open account associated with this inquires it is not authorized and they need provide documentary evidence as proof of this open accounts, there is no permissible purpose FCRA 15 USC 1681b ( a ) ( 2 ), FCRA 15 USC 1681a ( 2 ) ( A ) ( i ) It is illegal to report transaction history. 
XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XX/XX/XXXX, XXXX XX/XX/XXXX, XXXX XXXX XX/XX/XXXX, XXXX XX/XX/XXXX. 
XXXX will prevent future inquires-per privacy and confidentiality- from harming me per written instructions. 

Must Correct my credit utilization, bring it to 0 %, update it paid as agreed. FCRA 15 USC 1681a ( 2 ) ( A ) ( i ) It is illegal to report transaction history. XXXX will prevent future high credit utilization-per privacy and confidentiality- from harming me per written instructions. Credit bureaus will remove all late payments past present and future with XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) 15 USC 1681a ( 2 ) ( A ) ( i ) It is illegal to report transaction history. 2 ) All inaccuracy gives reason to delete late payments past present and future. 3 ) No permissible purpose FCRA 15 USC 1681b ( a ) ( 2 ). 4 ) Privacy Act 1974 Violation. 5 ) 15 USC 1666b Can not be reported late under an open end consumer credit plan for any purpose. Truth in lending defines open end consumer credit plan as payable in more than 4 installments. consumer credit reporting companies can not report income on the credit report. Needs to be removed from all credit bureaus. Remove repossession ( INCOME ) certificate of indebtness 26 USC 6050p and IRS Section 6050p, 26 CFR 1.6050P-1- It is considered INCOME a certificate of indebtness. Debt is reported to the IRS using a 1099-C. consumer credit reporting companies can not report income on the credit report Remove all charge offs. They are INCOME certificate of indebtness All past, present, and future charge offs will be deleted. Instructions say not to to report negative items or be subject to liability. 26 USC 6050p and IRS Section 6050p, 26 CFR 1.6050P-1- It is considered INCOME a certificate of indebtness. Debt is reported to the IRS using a 1099-C.

15 U.S. Code 1681b backed by P.L 90-321 ( 82 Stat. 146 ) needs my written consent to furnish my information to financial institutions. However, I have not given my written consent to credit bureaus to share my information which violates the F.C.R.A.

I never gave consent to use his identity or social security number. 15 USC 1681a ( q ) ( 3 ), 12 CFR 1022.3 Identity Theft.

Privacy Act of 1974, ( 5 U.S.C. 552a ) 22 CFR 1101. This federal legislation mandates precise management of personal information by government entities. Any employee of an agency who willfully discloses or obtains my social security number, without consent, subjects themself to a misdemeanor and {$5000.00} fine per Privacy Act of 1974, 5 U.S.C. 552a, 22 CFR 1101. 15 USC 1681a ( q ) ( 3 ), 12 CFR 1022.3 ( h ) Identity theft means a fraud committed or attempted using the identifying information of another person without authority. 28 802.23 Use and disclosure of social security numbers. ( a ) In general.Anindividualshall not be denied any right, benefit, or privilege provided by law because of suchindividual 's refusal to disclose his or her social security number.

CFPB Issues Advisory to Protect Privacy When Companies Compile Personal Data. Advisory affirms that permissible purposes are required to use and share credit reports and background reports. XX/XX/XXXX. XXXX XXXX Today, the Consumer Financial Protection Bureau ( CFPB ) issued a legal interpretation to ensure that companies that use and share credit reports and background reports have a permissible purpose under the Fair Credit Reporting Act. The CFPBs new advisory opinion makes clear that credit reporting companies and users of credit reports have specific obligations to protect the publics data privacy. The advisory also reminds covered entities of potential criminal liability for certain misconduct. 

XXXX XXXX XXXX XXXX XXXX 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}. 5 U.S.C. 552a ( i ) ( 1 ).

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}. 5 U.S.C. 552a ( i ) ( 2 ).

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}. 5 U.S.C. 552a ( i ) ( 3 ).

I sent a notice of liability. 1 ) Please provide all documentary evidence that was issued that authorized XXXX to report late payments on the consumer report of XXXX  XXXX ) Please provide Consumer FILE NOT a consumer report. XXXX ) Did credit bureaus create securities ( stocks, bonds, notes, debentures, limited partnership interests, oil and gas interests, and investment contracts ) with my information? 4 ) Non-answers or no answers, continued use of my non-public information, such as social security number, without my consent, non-payment of civil liability and non-compliance violations, and continued privacy violations are subject to : A. Form 3949-A ( Information Referral ) B. Form 211 ( Application for Award for Original Information ) C. Form 14039 ( Identity Theft Affidavit ) XXXX XXXX Forensic Audit then contact SEC for securities fraud. E. CFPB Complaint F. FTC Identity Theft Victims Complaint and Affidavit. Credit bureau is also subject to liability {$1000.00} per violation 15 U.S.C. 1681n Civil liability and willful noncompliance plus damages for emotional distress, defamation, privacy and confidentiality, and unauthorized use of social security number. Wrong doer subject to a misdemeanor and {$5000.00} fine per Privacy Act of 1974, 5 U.S.C. 552a, 22 CFR 1101 15 USC 1679c I have the right to dispute incomplete or inaccurate information. My dispute is not frivolous. Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information must be removed or corrected within 30 days.

Fair Credit Reporting Act ( FCRA ), Public Law No. 91-508, was passed by the U.S. Congress to promote the accuracy, fairness, and privacy of personal information collected in credit reports

Company response to consumer: Closed with explanation