Date Received: 2023-12-29
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: The following accounts and inquiries have been opened fraudulently and without my knowledge or consent : XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX. These accounts and inquires are direct result of my info being compromised and used for fraud. My credit as a result is in ruins and I can not secure anything in my name with these items on my report. Could you please more in depth at these accounts and inquires and get them removed immediately.
Company Response:
State: NJ
Zip: 07407
Submitted Via: Web
Date Sent: 2023-12-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-29
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the Fair Credit Reporting act. The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. Account name : # XXXX, Account name : # XXXX, Account name : # XXXX, Account name : # XXXX, has violated my rights. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions 15 U.S.C 1681c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 15 U.S.C. 1681s-2 ( A ) ( 1 ) 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.
Company Response:
State: TX
Zip: 77018
Submitted Via: Web
Date Sent: 2023-12-29
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-29
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Good day, Per the FCRA 15 USC 1681 section 602 a clearly states " There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' XXXX and Equifax are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by the Gramm-Leach-Bliley Act 15 USC 6801 - " 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. '' According to the definitions under the aforementioned title, the following furnishers of information ( I'm including the account numbers as well ) are considered financial institutions : On XXXX : XXXX XXXX - XXXX and XXXX XXXX XXXX XXXX XXXX - XXXX XXXX XXXX XXXX XXXX - XXXX XXXX XXXX - XXXX XXXX XXXX XXXX XXXX - XXXX XXXX XXXX XXXX XXXX - XXXX XXXX XXXX XXXX - XXXX On Equifax : XXXX XXXX XXXX XXXX XXXX - XXXX XXXX XXXX XXXX XXXX XXXX XXXX - XXXX XXXX XXXX XXXX XXXX XXXX - XXXX XXXX XXXX XXXX XXXX XXXX - XXXX XXXX XXXX XXXX XXXX - XXXX XXXX Additionally, I did NOT give verbal or written permission to the aforementioned furnishers, Equifax nor XXXX to furnish any information, according to 15 USC 1681 Section 604a section 2. You can see 15 USC 6802 ( b ) ( c ) regarding a financial institution disclosing nonpublic personal information to a nonaffiliated third party. Also see 15 YSC1681C ( a ) ( 5 ) " Except as authorized under subsection ( b ) no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' These accounts are adverse and being reported without permission which is not allowed per 15 US Code 1681s-2 ( A ) ( 1 ). Both Equifax and XXXX are not adhering to 15 USC 1681e which says " Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. '' I also sent in required documents to identify myself and requested that my personal information be updated ; however, XXXX has 2 names and 13 addresses on file for me. Again, my name is : XXXX XXXX and my address is : XXXX XXXX XXXX XXXX XXXX, NY XXXX And per 12 CFR 1016.7 again, I am opting out of your reporting services.
Company Response:
State: NY
Zip: 11411
Submitted Via: Web
Date Sent: 2023-12-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-29
Issue: Incorrect information on your report
Subissue: Public record information inaccurate
Consumer Complaint: On XX/XX/2023, I requested a copy of my XXXX report to see if XXXX was reporting any Bankruptcies on my public records and from that report that was sent to me Dated XX/XX/2023, XXXX was not reporting any Bankruptcies on my credit file. This information was Disputed with XXXX Equifax and XXXX and the source that each credit bureau uses is XXXX and the results came back verified as accurate. If I have attached a copy of the letters directly from the courts whose stating that they dont report the information to credit bureau XXXX and the source each credit bureau uses which is XXXX and they are not reporting this information to the credit bureau XXXX then how are they verifying that the information is accurate? Each credit bureau has lied about placing the bankruptcies back into a reinvestigation as this has not been done accurately.
Company Response:
State: TX
Zip: 76227
Submitted Via: Web
Date Sent: 2023-12-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-29
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the Fair Credit Reporting act. The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. Account Name : XXXX XXXX Account Number : XXXX Account Name : XXXX Account Number:XXXX Account Name : XXXX XXXX Account XXXX Account Name : XXXX Account Number:XXXX has violated my rights. Or list of inquiries 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions 15 U.S.C 1681c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 15 U.S.C. 1681s-2 ( A ) ( 1 ) 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.
Company Response:
State: GA
Zip: 30305
Submitted Via: Web
Date Sent: 2023-12-29
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-29
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I disputed several things on my account that are still reporting and should not be reporting and violates the FCRA. XXXX5 U.S. Code 1681- Congressional findings and statement of purpose a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 4 ) 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. ( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. As you can see there is a need to protect your right to privacy. Important Definitions from 15 U.S. Code 1681a - Definitions ; rules of construction The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living ( 2 ) Exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal 15 U.S. Code 1681b - Permissible purposes of consumer reports 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. They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act P.L 90-321 ( 82 Stat. 146 ) which is law law that backes the code is even stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ) 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. No adverse item besides the conviction of crimes should be on your report any item that is a derogatory mark is not allowed into consumer reports this is another violation 12 CFR 1022.3 Definitions Identity theft means a fraud committed or attempted using the identifying information of another person without authority. Anything added to your report without your written consent could be considered Identity theft 15 U.S. Code 1681c2 - Block of information resulting from identity theft Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. If you chose to list that in your complaint YOU MUST provide the information listed above. Identity theft reports can be filed with the Federal Trade Commission on their website 15 U.S. Code 1681e - Compliance procedures ( a ) Identity and purposes of credit users Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title. 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; If you can prove they wilfully violated the act you are entitled to at least XXXX $ per violation plus any other damages you have sustained as a result of their failure to follow the law. If you have to file more than 1 complaint, wilful noncompliance can easily be proven as they had a full understanding of the violations after you complained the 1st time. Every company in their agreements with consumers said they would follow the law and agreed to do so.They are aware that they are breaking the law. 15 U.S. Code 1681o - Civil liability for negligent noncompliance In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure Negligent noncompliance means the law was violated not on purpose but just due to a lack of knowledge on the required reporting procedures. 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors 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. ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. Once you notify the consumer agencies that there is inaccurate information they must immediately stop reporting that information until they can prove that it is valid. Those are a few violations of the Fair Credit Reporting Act that you can use in your complaint against not only the reporting agencies but the furnisher of that information to them. Privacy Act of 1974 ( 5 U.S. Code 552a ) Important Definitions ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; This includes consumer reports ( 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, unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. Again they need prior written instruction of the individual to whom it relates. Section 3711 ( e ) of title 31 States ( 1 ) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if ( E ) the head of the agency has established procedures to ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information ; and Either way they have violated not only the Fair Credit Reporting Act but also the Privacy Act of 1974 Opt Out Laws PART 1016 - PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) 12 CFR 1016.1 Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 1016.13, 1016.14, and 1016.15. Every company owes you a privacy notice before they furnish any information to our consumer report 12 CFR 1016.4 Initial privacy notice to consumers required. ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, 12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods. Section ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 1016.10 ( 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 ( 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 together with the opt out notice that, in the case of financial institutions described in 1016.3 ( l ) ( 3 ) of this part, includes the address to which the form should be mailed ; ( 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. ( g ) 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. ( h ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. ( i ) 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. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly 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 notice 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 nonaffiliated 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 information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Once again they must give you an opt out notice for anything that is to be added to your consumer report. 15 U.S. Code 6805 - Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, According to the laws above the only thing that should be on my report is what I tell them to report plain and simple which all negative accounts on my report shall be removed.
Company Response:
State: WI
Zip: 53212
Submitted Via: Web
Date Sent: 2023-12-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-29
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: As a creditor, you have previously acknowledged your inability to provide original documentation that substantiates my ownership of this debt relating to the account on my credit report in which you sold to XXXX XXXX. I have consistently maintained that I never opened an account with your company, and I have provided substantial evidence that my personal information was compromised in the Equifax data breach. This raises serious concerns regarding the accuracy of the information on my credit report. Under the provisions of the Fair Credit Reporting Act ( FCRA ), it is imperative that all reported information is accurate, verifiable, and substantiated by the creditor. Given that you are unable to furnish the original documents confirming my association with this debt, I must assert that you are in violation of the FCRA. I kindly request the immediate removal of this account from my credit report within the next 7 days. Failure to comply with this request will leave me with no alternative but to pursue legal action to rectify this matter. I believe it is in our mutual interest to address this situation promptly and amicably to avoid any further legal action. The account is XXXX XXXX XXXX. See the Equifax data breach claim ID attached.
Company Response:
State: TX
Zip: 77084
Submitted Via: Web
Date Sent: 2023-12-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-29
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: My information was stolen and used to open several accounts in my name. I have asked the collection agency to removed the inaccurate information and nothing has been done. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Company Response:
State: TX
Zip: 77389
Submitted Via: Web
Date Sent: 2023-12-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-29
Issue: Incorrect information on your report
Subissue: Old information reappears or never goes away
Consumer Complaint: Subject : Unauthorized Reporting and Request for Correction of Credit Information Dear XXXX, I hope this letter finds you well. I am writing to express my concern regarding unauthorized reporting and the inclusion of a new address on my credit profile. I already have been seriously harmed due the fact that you did not follow my written instructions the last time I reached out to your Information Services Department. Upon reviewing my credit report recently, I noticed that you never removed obsolete addresses as demanded, you have added a new address without my explicit consent, and my new auto loan is being reported without proper authorization. I would like to draw your attention to the following legal references that support my request for rectification : 1. **15 USC 6801-6808 - Duty to Keep Financial Information Private and Opt Out of Reporting : ** This statute emphasizes the duty to maintain the privacy of financial information and the consumer 's right to opt out of certain information sharing practices. 2. **15 USC 1681 - Accuracy of Report : ** This section of the law pertains to the accuracy and fairness of credit reporting, emphasizing the responsibility of credit reporting agencies to ensure that information is reported accurately. 3. **Privacy Act of 1974 : ** This federal law establishes principles for the fair handling of personal information by federal agencies. I believe the unauthorized addition of an address and reporting of my auto loan may violate the privacy principles outlined in this act. Per the Fair Credit Reporting Act ( FCRA ), specifically 15 USC 6802, I hereby notify you that I am opting out of any and all authorization, whether written, non-written, verbal, or non-verbal, that I may have given you as the consumer. I assert my right to control the dissemination of my financial information, as outlined in the aforementioned statutes. I kindly request your prompt investigation into this matter and the immediate correction of my credit information to reflect accurate and authorized details. I appreciate your attention to this issue and expect your timely response.
Company Response:
State: MS
Zip: 39211
Submitted Via: Web
Date Sent: 2024-01-04
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-29
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the Fair Credit Reporting act. The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. Account name : # XXXX, Account name : # XXXX, Account name : # XXXX, Account name : # XXXX, has violated my rights. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions 15 U.S.C 1681c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 15 U.S.C. 1681s-2 ( A ) ( 1 ) 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.
Company Response:
State: FL
Zip: 32824
Submitted Via: Web
Date Sent: 2023-12-29
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A