{"took":170,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":10,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"7811292","_score":28.520273,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"i can not gain access to my report. i can log in and see my account scores, however it will not allow me to see report. i need this access due to being a new XXXX XXXX XXXX. i have vendors that are checking my credit. plus equifax has charged me 5xs during the last 30 days and i can not see product. Equifax keeps trying to help me log on site.I DO NOT NEED HELP WITH LOGGING INTO ACCOUNT. i need help actually seeing my report. i have been a monthly member with equifax for years.","date_sent_to_company":"2023-11-06T21:50:12.000Z","issue":"Unable to get your credit report or credit score","sub_product":"Credit reporting","zip_code":"201XX","tags":null,"has_narrative":true,"complaint_id":"7811292","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2023-11-06T21:39:08.000Z","state":"VA","company_public_response":null,"sub_issue":"Other problem getting your report or credit score"},"highlight":{"complaint_what_happened":["i can not gain <em>access</em> to my report. i can log in and see my account scores, however it will not allow me to see report. i need this <em>access</em> due to being a new XXXX XXXX XXXX. i <em>have</em> vendors that are checking my credit. plus <em>equifax</em> has charged me 5xs during the last 30 days and i can not see <em>product</em>. <em>Equifax</em> keeps trying to help me log on <em>site</em>.I DO NOT NEED HELP WITH LOGGING INTO ACCOUNT. i need help actually seeing my report. i <em>have</em> been a monthly <em>member</em> with <em>equifax</em> for years."],"company":["<em>EQUIFAX</em>, INC."]},"sort":[28.520273,"7811292"]},{"_index":"complaint-public-v1","_id":"2660979","_score":22.63358,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"The Equifax Hack website does not always work, so some are unable to determine if they have been impacted. Also they can not enroll for the TrustedID protection being provided courtesy of Equifax.\nDETAILS : Today ( XX/XX/XXXX ) the local paper reported that Equifax had been Hacked onXX/XX/XXXX\nEquifax has provided a website and XXXX number for consumers to verify if they have been affected by the Hack.\nWhen you go to https : //www.equifaxsecurity2017.com/, you are instructed to first select the button \" Potential Impact ''. That takes you to a page the asks you to enter your last name and part of your SSN.\n-- I entered my last name and the site put a green check mark next to the field to acknowledge the data had been entered.\n-- I entered the last 6 digits of my SSN and received another green check mark.\n-- I pressed the \" Continue '' button, and nothing happened. After trying this several times, I checked with a tech ( personal friend ) who used a web developer 's tool to determine what was happening in the background.\nThe site wo n't work if you are using some tracking blockers ... And it has not been coded to allow tracking blocking. -- - a VERY odd concept for a company that is responsible for safeguarding your personal information ( and which has failed to do that anyway ) I called the XXXX number, received the standard \" ... your call is very important to us, please hold for the next available customer service representative ... ''. After 15 minutes of dead silence, the line disconnected.\nI called the number a second time, received same standard recorded greeting. After 15 minutes of music on hold, the line disconnected.\nI called the number a third time, same greeting, etc ... After about 7 minutes of music, someone answered the call. I explained that the website was not working, and that I wanted to verify if I was impacted. He spoke very broken English and did not understand what I was saying. Then he said he would let someone know and they might want to call be back in about 3 business days.\nWe kept getting stuck on the discussion about the broken website, even though I started saying maybe it was just me ... and could he help me with checking if I was impacted by the Hack.\nThis conversation never went smoothly because his English was not good enough for him to fully understand what I was saying or to expand on what he meant. I asked for a supervisor and he hung up on me.\nI have tried every Equifax site I can find for customer contact info so I can send an email to let them know there is a problem with the Hack site, but any time you select 'contact us ', the site fails to link. I have tried all of the Equifax phone numbers I can find listed, but everything either goes to music or disconnects immediately.\nI suspected you could get help if you log in to the Equifax member site, but you have to buy a product to get access to that.\nI called the number that actives a 90 day fraud alert. It is automated and successfully allowed me to set it up. Equifax would still not recognize me as a customer ( fraud alert is free ), and redirected me to their product page so I could select my product ( buy something ).\nI called the number that enables a credit freeze, but did not enter some information to see if it would transfer me to a person. It did transfer me to customer service, then disconnected. Tried that twice. The third time I input all the information needed and paid the {$5.00} change, but Equifax STILL would not recognize me as a customer and again sent me back to their product sales page.\nYou have to buy an ongoing credit monitoring package in order to be able to log into the Equifax site to get customer service help.\nBOTTOM LINE : If you use tracking blocker security on your browser, Equifax is not coded to work for you. The issue arises because Equifax redirects to some XXXX owned and monitored sites ( completely out of Equifax control ), and those sites want to track everything you do. XXXX has been reported to even track your physical location.\nAny business redirecting to another business 's site, has to code to allow their ( Equifax 's ) data to display on the screen. The second business ( XXXX ) will withhold the response since you are blocking their tracking.\nApparently, the use of XXXX sub-routines is considered a shortcut for web developers, and is a common practice. Coding to allow their users to block XXXX  tracking, and still be able to use the developer 's site, is also apparently a common situation for web developers.\nAlthough ... I have a serious concern with Equifax redirecting other sites, which it does not directly secure, in their processes ... and especially after 143 million people have been put at risk.\nCan you contact Equifax and let them know there is an issue with their site? I do n't run into this problem with other sites that redirect in the background to various XXXX functions.","date_sent_to_company":"2017-09-08T17:03:11.000Z","issue":"Problem with fraud alerts or security freezes","sub_product":"Credit reporting","zip_code":"44224","tags":null,"has_narrative":true,"complaint_id":"2660979","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2017-09-08T15:59:22.000Z","state":"OH","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["I <em>have</em> tried every <em>Equifax</em> <em>site</em> I can find for customer contact info so I can send an email to let them know there is a problem with the Hack <em>site</em>, but any time you select 'contact us ', the <em>site</em> fails to link. I <em>have</em> tried all of the <em>Equifax</em> phone numbers I can find listed, but everything either goes to music or disconnects immediately.\nI suspected you could get help if you log in to the <em>Equifax</em> <em>member</em> <em>site</em>, but you <em>have</em> to buy a <em>product</em> to get <em>access</em> to that."],"company":["<em>EQUIFAX</em>, INC."]},"sort":[22.63358,"2660979"]},{"_index":"complaint-public-v1","_id":"8645157","_score":9.419792,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am writing to file a formal complaint regarding the inaccurate reporting of several accounts on my consumer report by EQUIFAX. The accounts in question include XXXX XXXX, XXXX, and XXXX. Additionally, there are questionable inquiries from XXXX XXXX  on the dates XX/XX/XXXX, and XX/XX/XXXX, as well as two separate inquiries from XXXX  XXXX dated XX/XX/XXXX. \n\nThe reporting of these accounts not only violates the Privacy Act of 1974 but also raises concerns about numerous other violations. I intend to address each violation and the corresponding laws that EQUIFAX has infringed upon in reference to my consumer report and my rights as a consumer. \n\nFirstly, the inclusion of the XXXX account on my consumer report violates the Family Educational Rights and Privacy Act of 1974 ( 34 CFR part 99 ). According to 34 CFR part 99.30, educational institutions are prohibited from disclosing personally identifiable information from education records without the student 's consent. \nMoving forward, the reporting of inaccurate or unauthorized information by EQUIFAX constitutes a violation of the Fair Credit Reporting Act ( FCRA ). Under the FCRA, consumer reporting agencies are required to ensure the accuracy and integrity of the information they report. \n\nFurthermore, the questionable inquiries from XXXX XXXX  and XXXX  XXXX raise concerns about unauthorized access to my credit report, which is protected under the FCRA. \n\nI demand that EQUIFAX rectify these violations immediately by : Removing the inaccurate XXXX account from my consumer report. Conducting a thorough investigation into the accuracy of all reported information. Ceasing any unauthorized inquiries and providing documentation of the permissible purpose for each inquiry. \nNow, the presence of the XXXX account on my consumer report violates the Family Educational Rights and Privacy Act of 1974 ( 34 CFR part 99 ). Specifically, 34 CFR part 99.30 mandates that \" The parent or eligible student shall provide a signed and dated written consent before an educational agency or institution discloses personally identifiable information from the student 's education records, except as provided in The written consent must : ( 1 ) Specify the records that may be disclosed ; ( 2 ) State the purpose of the disclosure; and ( 3 ) Identify the party or class of parties to whom the disclosure may be made. \nI have neither verbally nor in writing provided EQUIFAX or XXXX with consent or authorization to disclose my personally identifiable information to any third parties. This constitutes a blatant violation of 34 CFR 99.30. I demand that EQUIFAX immediately delete every XXXX account reported on my consumer report. \n\nIt's imperative to underscore the significance of protecting my nonpublic information, as delineated in 15 USC 6801, 15 USC 6802, 15 USC 6803, 15 USC 6804, and 15 USC 6805. EQUIFAX, along with the furnishers reporting on my consumer report, is not only selling my nonpublic information to third parties without my consent but also engaging in the continuous securitization of my nonpublic personal information for profit. This egregious conduct must cease immediately. Their actions have left me feeling vulnerable and violated. The three inquiries and the accounts mentioned above constitute a violation of section 604 of the Fair Credit Reporting Act ( 15 USC 1681b ), which explicitly states that consumer reports should only be accessed for the sole purpose of child support payments, and no other reason.SEC. 604. [ 15 U.S.C. 1681b ] ( a ) IN GENERAL.Subject to subsection ( c ) of this section, any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 4 ) 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 ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments or determining the appropriate level of such payments ; ( B ) the paternity of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; ( C ) the person has provided at least 10 days prior notice to the consumer whose report is requested, by certified or registered mail to the last known address of the consumer, that the report will be requested ; and ( D ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose. \n( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award. WF/DILLARD account is not only reported as charged off by EQUIFAX but also include transaction history, a practice contrary to IRS Publication 525, which stipulates that all charged-off debts are reported as income to the IRS. Since furnishers have submitted a 1099C for these accounts, categorizing them as certificate of indebtedness and charging them off as business expenses, it is unlawful to report income on a consumer report. Such reporting of transaction history constitutes a violation of the Privacy Act of 1974.\n\nConsequently, I demand that EQUIFAX promptly removes all accounts reporting as charged off. Furthermore, I insist that XXXX immediately updates each account, including XXXX XXXX, XXXX, and XXXX, as \" DELETED. \" According to 1681 c-2 of the Fair Credit Reporting Act ( FCRA ), EQUIFAX is required to address these concerns within four days of receiving initial notice from me, the consumer. As a Federally Protected Consumer, I am exercising my right to opt out of any and all authorization and reporting of accounts on my consumer report. Pursuant to 15 USC 6802, my consent may have been provided in written, unwritten, verbal, or non-verbal form. Therefore, I demand immediate action to cease all authorization and reporting activities related to my consumer report.12 CFR 1022.22 Section 5 ( b ) ( c ) ( b ) Duration of opt-out. The election of a consumer to opt out must be effective for a period of at least five years ( the opt-out period ) beginning when the consumer 's opt-out election is received and implemented, unless the consumer subsequently revokes the opt-out in writing or, if the consumer agrees, electronically. An opt-out period of more than five years may be established, including an opt-out period that does not expire unless revoked by the consumer.\n\n( c ) Time of opt-out. A consumer may opt out at any time.\n\n12 CFR 1022.24 section 5 5 ) By including in a privacy notice. The opt-out notice is included in a Gramm-Leach-Bliley Act privacy notice. The consumer is allowed to exercise the opt-out within a reasonable period of time and in the same manner as the opt-out under that privacy notice. \n\n\n\n12 CFR 1022.25 ( a ) In general. You must not use eligibility information about a consumer that you receive from an affiliate to make a solicitation to the consumer about your products or services, unless the consumer is provided a reasonable and simple method to opt out, as required by 1022.21 ( a ) ( 1 ) ( ii ) of this part.\n\n( b ) Examples ( 1 ) Reasonable and simple opt-out methods. Reasonable and simple methods for exercising the opt-out right include : ( i ) Designating a check-off box in a prominent position on the opt-out form ; ( ii ) Including a reply form and a self-addressed envelope together with the opt-out notice ; ( iii ) Providing an electronic means to opt out, such as a form that can be electronically mailed or processed at a Web site, if the consumer agrees to the electronic delivery of information ; ( iv ) Providing a toll-free telephone number that consumers XXXX call to opt out ; or ( v ) Allowing consumers to exercise all of their opt-out rights described in a consolidated opt-out notice that includes the privacy opt-out under the Gramm-Leach-Bliley Act, 15 U.S.C. 6801 et seq., the affiliate sharing opt-out under the Act, and the affiliate marketing opt-out under the Act, by a single method, such as by calling a single toll-free telephone number.\n\n( 2 ) Opt-out methods that are not reasonable and simple. Reasonable and simple methods for exercising an opt-out right do not include ( i ) Requiring the consumer to write his or her own letter ; ( ii ) Requiring the consumer to call or write to obtain a form for opting out, rather than including the form with the opt-out notice ; ( iii ) Requiring the consumer who receives the opt-out notice in electronic form only, such as through posting at a Web site, to opt out solely by paper mail or by visiting a different Web site without providing a link to that site.\n\n( c ) Specific opt-out means. Each consumer may be required to opt out through a specific means, as long as that means is reasonable and simple for that consumer. \n\n12 CFR 1022.43 ( a ) ( 4 ) ( a ) General rule. Except as otherwise provided in this section, a furnisher must conduct a reasonable investigation of a direct dispute if it relates to : ( 4 ) Any other information contained in a consumer report regarding an account or other relationship with the furnisher that bears on the consumer 's creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living. \n\n15 USC 1681 ( a ) ACCURACY AND FAIRNESS OF CREDIT REPORTINGThe Congress makes the following findings : ( 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.\n\n( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.\n\n( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.\n\n( 4 ) 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.\n\n( 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.\n\n15 1681 c-2 BLOCKExcept 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.\n\n( b ) NOTIFICATION A consumer reporting agency shall promptly notify the furnisher of information identified by the consumer under subsection ( a ) ( 1 ) that the information may be a result of identity theft ; ( 2 ) that an identity theft report has been filed ; ( 3 ) that a block has been requested under this section; and ( 4 ) of the effective dates of the block.\n\n15 U.S. Code 6802 ( 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.\n\n( 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.\n\nFCCPA, Chapter 559 of the Florida Statutes Prohibited practices generally.In collecting consumer debts, no person shall : ( 1 ) Simulate in any manner a law enforcement officer or a representative of any governmental agency.\n\n( 2 ) Use or threaten force or violence.\n\n( 3 ) Tell a debtor who disputes a consumer debt that she or he or any person employing her or him will disclose to another, orally or in writing, directly or indirectly, information affecting the debtors reputation for credit worthiness without also informing the debtor that the existence of the dispute will also be disclosed as required by subsection ( 6 ).\n\n( 4 ) Communicate or threaten to communicate with a debtors employer before obtaining final judgment against the debtor, unless the debtor gives her or his permission in writing to contact her or his employer or acknowledges in writing the existence of the debt after the debt has been placed for collection. However, this does not prohibit a person from telling the debtor that her or his employer will be contacted if a final judgment is obtained.\n\n( 5 ) Disclose to a person other than the debtor or her or his family information affecting the debtors reputation, whether or not for credit worthiness, with knowledge or reason to know that the other person does not have a legitimate business need for the information or that the information is false.\n\n( 6 ) Disclose information concerning the existence of a debt known to be reasonably disputed by the debtor without disclosing that fact. If a disclosure is made before such dispute has been asserted and written notice is received from the debtor that any part of the debt is disputed, and if such dispute is reasonable, the person who made the original disclosure must reveal upon the request of the debtor within 30 days the details of the dispute to each person to whom disclosure of the debt without notice of the dispute was made within the preceding 90 days.\n\n( 7 ) Willfully communicate with the debtor or any member of her or his family with such frequency as can reasonably be expected to harass the debtor or her or his family, or willfully engage in other conduct which can reasonably be expected to abuse or harass the debtor or any member of her or his family.\n\n( 8 ) Use profane, obscene, vulgar, or willfully abusive language in communicating with the debtor or any member of her or his family.\n\n( 9 ) Claim, attempt, or threaten to enforce a debt when such person knows that the debt is not legitimate, or assert the existence of some other legal right when such person knows that the right does not exist.\n\n( 10 ) Use a communication that simulates in any manner legal or judicial process or that gives the appearance of being authorized, issued, or approved by a government, governmental agency, or attorney at law, when it is not.\n\n( 11 ) Communicate with a debtor under the guise of an attorney by using the stationery of an attorney or forms or instruments that only attorneys are authorized to prepare.\n\n( 12 ) Orally communicate with a debtor in a manner that gives the false impression or appearance that such person is or is associated with an attorney.\n\n( 13 ) Advertise or threaten to advertise for sale any debt as a means to enforce payment except under court order or when acting as an assignee for the benefit of a creditor.\n\n( 14 ) Publish or post, threaten to publish or post, or cause to be published or posted before the general public individual names or any list of names of debtors, commonly known as a deadbeat list, for the purpose of enforcing or attempting to enforce collection of consumer debts.\n\n( 15 ) Refuse to provide adequate identification of herself or himself or her or his employer or other entity whom she or he represents if requested to do so by a debtor from whom she or he is collecting or attempting to collect a consumer debt.\n\n( 16 ) Mail any communication to a debtor in an envelope or postcard with words typed, written, or printed on the outside of the envelope or postcard calculated to embarrass the debtor. An example of this would be an envelope addressed to XXXX, XXXX XXXX or XXXX, XXXX XXXX. \n( 17 ) Communicate with the debtor between the hours of XXXX XXXX and XXXX XXXX in the debtors time zone without the prior consent of the debtor. \n( a ) The person may presume that the time a telephone call is received conforms to the local time zone assigned to the area code of the number called, unless the person reasonably believes that the debtors telephone is located in a different time zone.\n\n( b ) If, such as with toll-free numbers, an area code is not assigned to a specific geographic area, the person may presume that the time a telephone call is received conforms to the local time zone of the debtors last known place of residence, unless the person reasonably believes that the debtors telephone is located in a different time zone.\n\n( 18 ) Communicate with a debtor if the person knows that the debtor is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorneys name and address, unless the debtors attorney fails to respond within 30 days to a communication from the person, unless the debtors attorney consents to a direct communication with the debtor, or unless the debtor initiates the communication.\n\n( 19 ) Cause a debtor to be charged for communications by concealing the true purpose of the communication, including collect telephone calls and telegram fees.","date_sent_to_company":"2024-03-28T08:02:36.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"33407","tags":null,"has_narrative":true,"complaint_id":"8645157","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-03-28T07:46:33.000Z","state":"FL","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>site</em>"],"company":["<em>EQUIFAX</em>, INC."]},"sort":[9.419792,"8645157"]},{"_index":"complaint-public-v1","_id":"8856469","_score":4.848659,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"equifax, XXXX  and XXXX continue to report a bankruptcy that they do not have authorization to report. XXXX, equifax, and 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. ( 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 ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( XXXX ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means. ( XXXX ) By electronic means. ( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means. ( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means. ( XXXX ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted. ( XXXX ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out. ( XXXX ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice. ( a ) Definitions.For purposes of this section ( XXXX ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( XXXX ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( XXXX ) the term maintain includes maintain, collect, use, or disseminate ; ( XXXX ) 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 ; ( XXXX ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( XXXX ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section XXXX of title XXXX ; ( XXXX ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( XXXX ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of ManagemenXXXX and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( XXXX ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( XXXX ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( XXXX ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( XXXX ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( XXXX ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( XXXX ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ). ( 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 ( XXXX ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( XXXX ) required under section 552 of this title ; ( XXXX ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( XXXX ) ( XXXX ) ( D ) of this section ; ( XXXX ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( XXXX ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( XXXX ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( XXXX ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( XXXX ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( XXXX ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( XXXX ) pursuant to the order of a court of competent jurisdiction ; or ( XXXX ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. ( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( XXXX ) except for disclosures made under subsections ( b ) ( XXXX ) or ( b ) ( XXXX ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( XXXX ) retain the accounting made under paragraph ( XXXX ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( XXXX ) except for disclosures made under subsection ( b ) ( XXXX ) of this section, make the accounting made under paragraph ( XXXX ) of this subsection available to the individual named in the record at his request; and ( XXXX ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made. ( d ) Access to Records.Each agency that maintains a system of records shall ( XXXX ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( XXXX ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( XXXX ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( XXXX ) ( A ) of this section ; ( XXXX ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( XXXX ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( XXXX ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding. ( XXXX XXXX Agency Requirements.Each agency that maintains a system of records shall ( XXXX ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( XXXX ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( XXXX ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( XXXX ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( XXXX ) subject to the provisions of paragraph ( XXXX ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( XXXX ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( XXXX ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( XXXX ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( XXXX ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( XXXX ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( XXXX ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( XXXX ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( XXXX ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( XXXX ) at least 30 days prior to publication of information under paragraph ( XXXX ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( XXXX ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision. ( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( XXXX ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( XXXX ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( XXXX ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( XXXX ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( XXXX ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record. The Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( XXXX ) ( XXXX ) of this section in a form available to the public at low cost. ( g ) ( XXXX ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( XXXX ) of this section not to amend an individuals 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 ) ( XXXX ) 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. ( XXXX ) ( A ) In any suit brought under the provisions of subsection ( g ) ( XXXX ) ( 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. ( XXXX ) ( A ) In any suit brought under the provisions of subsection ( g ) ( XXXX ) ( 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. ( XXXX ) In any suit brought under the provisions of subsection ( g ) ( XXXX ) ( 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} } ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court. ( XXXX ) 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 September 27, 1975. ( h ) Rights of Legal Guardians. For the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual. ( i ) ( XXXX ) 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} }. ( XXXX ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( XXXX ) ( XXXX ) of this section shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. ( XXXX ) 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} }. ( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision. At the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section. ( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( XXXX ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( XXXX ) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18 ;","date_sent_to_company":"2024-04-25T10:50:42.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"96706","tags":null,"has_narrative":true,"complaint_id":"8856469","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-04-25T10:13:24.000Z","state":"HI","company_public_response":null,"sub_issue":"Public record information inaccurate"},"highlight":{"complaint_what_happened":["<em>equifax</em>, XXXX  and XXXX continue to report a bankruptcy that they do not <em>have</em> authorization to report. XXXX, <em>equifax</em>, and 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."],"company":["<em>EQUIFAX</em>, INC."]},"sort":[4.848659,"8856469"]},{"_index":"complaint-public-v1","_id":"8369911","_score":4.7569346,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, Equifax, and XXXX continue to report a bankruptcy that they do not have authorization to report. XXXX, Equifax, and 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. \n\n248.124 Reasonable opportunity to opt out. \n( 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 ). \n\n( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( 1 ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means.\n\n( 2 ) By electronic means. \n\n( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means. \n\n( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means. \n\n( 3 ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted.\n\n( 4 ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out. \n\n( 5 ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice. \n\n\n\n( a ) Definitions.For purposes of this section ( 1 ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 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 ; ( 5 ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( 6 ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( 7 ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( 8 ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( 10 ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( 11 ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( 12 ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( 13 ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ).\n\n( 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 ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( 7 ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( 8 ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( 9 ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( 10 ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( 11 ) pursuant to the order of a court of competent jurisdiction ; or ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.\n\n( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under paragraph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( 3 ) except for disclosures made under subsection ( b ) ( 7 ) of this section, make the accounting made under paragraph ( 1 ) of this subsection available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made. \n( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( 3 ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( 1 ) ( A ) of this section ; ( 4 ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( 3 ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( 5 ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding. \n( e ) Agency Requirements.Each agency that maintains a system of records shall ( 1 ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( 2 ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( 3 ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( 4 ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( 4 ) subject to the provisions of paragraph ( 11 ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( E ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( 5 ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( 6 ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( 2 ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( 7 ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( 8 ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( 11 ) at least 30 days prior to publication of information under paragraph ( 4 ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( 12 ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision.\n\n( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( 1 ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( 2 ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( 3 ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( 4 ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( 5 ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record.\n\nThe 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.\n\n( g ) ( 1 ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals 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\nindividual, 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.\n\n( 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.\n\n( 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.\n\n( 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.\n\n( 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.\n\n( 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} ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court.\n\n( 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 September 27, 1975.\n\n( h ) Rights of Legal Guardians.\n\nFor the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual.\n\n( i ) ( 1 ) Criminal Penalties.\n\nAny 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}.\n\n( 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}.\n\n( 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}.\n\n( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision.\n\nAt the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section.\n\n( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( 2 ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 3 ) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18 ; ( 4 ) required by statute to be maintained and used solely as statistical records ; ( 5 ) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 6 ) testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process ; or ( 7 ) evaluation material used to determine potential for promotion in the armed services, but","date_sent_to_company":"2024-02-18T22:50:40.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"600XX","tags":null,"has_narrative":true,"complaint_id":"8369911","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-02-18T22:50:36.000Z","state":"IL","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["XXXX, <em>Equifax</em>, and XXXX continue to report a bankruptcy that they do not <em>have</em> authorization to report. XXXX, <em>Equifax</em>, and 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."],"company":["<em>EQUIFAX</em>, INC."]},"sort":[4.7569346,"8369911"]},{"_index":"complaint-public-v1","_id":"7721741","_score":4.516879,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, XXXX, and Equifax continue to report inaccurate information on my consumer account listed XXXX XXXX XXXX. There are several inconsistencies and they do not have consent to report the information. \n\nDate Opened : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Last Reported : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Comments : - - Credit card Amount in XXXX XXXX is credit limit Date Last Active : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Date of Last Payment : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX Each reporting agency must provide an opt out notice to each consumer in a timely manner. A consumer can not be late on an open ended consumer plan and they need my written consent to produce a consumer report on me. I asking that each provide me with the documentation I signed that gives them the authority to produce this alleged report.\n\n17 CFR 248.124 - Reasonable opportunity to opt out.\n\nCFR prev | next 248.124 Reasonable opportunity to opt out.\n\n( 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 ).\n\n( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( 1 ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means.\n\n( 2 ) By electronic means.\n\n( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means.\n\n( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means.\n\n( 3 ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted.\n\n( 4 ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out.\n\n( 5 ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice.\n\n15 U.S. Code 1681b - Permissible purposes of consumer reports U.S. Code Notes prev | next ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.\n\n( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\n( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.\n\n( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.\n\n( 4 ) 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 ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.\n\n( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award.\n\n( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [ 12 U.S.C. 1811 et seq. ] or the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable.\n\n( b ) Conditions for furnishing and using consumer reports for employment purposes ( 1 ) Certification from user A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) [ 1 ] of this title.\n\n( 2 ) Disclosure to consumer ( A ) In general Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.\n\n( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 1681m ( a ) ( 3 ) 1 of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 3 ) Conditions on use for adverse actions ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( B ) Application by mail, telephone, computer, or other similar means ( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 1681m ( a ) of this title, within 3 business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.\n\n( ii ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumers request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumers rights as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 4 ) Exception for national security investigations ( A ) In general In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for employment purposes, paragraph ( 3 ) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that ( i ) the consumer report is relevant to a national security investigation of such agency or department ; ( ii ) the investigation is within the jurisdiction of such agency or department ; ( iii ) there is reason to believe that compliance with paragraph ( 3 ) will ( I ) endanger the life or physical safety of any person ; ( II ) result in flight from prosecution ; ( III ) result in the destruction of, or tampering with, evidence relevant to the investigation ; ( IV ) result in the intimidation of a potential witness relevant to the investigation ; ( V ) result in the compromise of classified information ; or ( VI ) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding.\n\n( B ) Notification of consumer upon conclusion of investigation Upon the conclusion of a national security investigation described in subparagraph ( A ), or upon the determination that the exception under subparagraph ( A ) is no longer required for the reasons set forth in such subparagraph, the official exercising the authority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to which such finding was made ( i ) a copy of such consumer report with any classified information redacted as necessary ; ( ii ) notice of any adverse action which is based, in part, on the consumer report ; and ( iii ) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought.\n\n( C ) Delegation by head of agency or department For purposes of subparagraphs ( A ) and ( B ), the head of any agency or department of the United States Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security responsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank.\n\n( D ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Classified information The term classified information means information that is protected from unauthorized disclosure under Executive Order No. 12958 or successor orders.\n\n( ii ) National security investigation The term national security investigation means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised.\n\n( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 1 ) In general A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) in connection with any credit or insurance transaction that is not initiated by the consumer only if ( A ) the consumer authorizes the agency to provide such report to such person ; or ( B ) ( i ) the transaction consists of a firm offer of credit or insurance ; ( ii ) the consumer reporting agency has complied with subsection ( e ) ; ( iii ) there is not in effect an election by the consumer, made in accordance with subsection ( e ), to have the consumers name and address excluded from lists of names provided by the agency pursuant to this paragraph ; and ( iv ) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of 21, or, if the date of birth on the consumer report shows that the consumer has not attained the age of 21, such consumer consents to the consumer reporting agency to such furnishing.\n\n( 2 ) Limits on information received under paragraph ( 1 ) ( B ) A person may receive pursuant to paragraph ( 1 ) ( B ) only ( A ) the name and address of a consumer ; ( B ) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer ; and ( C ) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.\n\n( 3 ) Information regarding inquiries Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.\n\n( d ) Reserved ( e ) Election of consumer to be excluded from lists ( 1 ) In general A consumer may elect to have the consumers name and address excluded from any list provided by a consumer reporting agency under subsection ( c ) ( 1 ) ( B ) in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph ( 2 ) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer.\n\n( 2 ) Manner of notification A consumer shall notify a consumer reporting agency under paragraph ( 1 ) ( A ) through the notification system maintained by the agency under paragraph ( 5 ) ; or ( B ) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.\n\n( 3 ) Response of agency after notification through system Upon receipt of notification of the election of a consumer under paragraph ( 1 ) through the notification system maintained by the agency under paragraph ( 5 ), a consumer reporting agency shall ( A ) inform the consumer that the election is effective only for the 5-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph ( 2 ) ( B ) ; and ( B ) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph ( 5 ), in the case of a request made at the time the consumer provides notification through the system.\n\n( 4 ) Effectiveness of election An election of a consumer under paragraph ( 1 ) ( A ) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph ( 2 ) ; ( B ) shall be effective with respect to a consumer reporting agency ( i ) subject to subparagraph ( C ), during the 5-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph ( 2 ) ( A ) ; or ( ii ) until the consumer notifies the agency under subparagraph ( C ), in the case of an election for which a consumer notifies the agency in accordance with paragraph ( 2 ) ( B ) ; ( C ) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph ( 5 ), that the election is no longer effective ; and ( D ) shall be effective with respect to each affiliate of the agency.\n\n( 5 ) Notification system ( A ) In general Each consumer reporting agency that, under subsection ( c ) ( 1 ) ( B ), furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer, shall ( i ) establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumers election to have the consumers name and address excluded from any such list of names and addresses provided by the agency for such a transaction ; and ( ii ) publish by not later than 365 days after September 30, 1996, and not less than annually thereafter, in a publication of general circulation in the area served by the agency ( I ) a notification that information in consumer files maintained by the agency may be used in connection with such transactions ; and ( II ) the address and toll-free telephone number for consumers to use to notify the agency of the consumers election under clause ( i ).\n\n( B ) Establishment and maintenance as compliance Establishment and maintenance of a notification system ( including a toll-free telephone number ) and publication by a consumer reporting agency on the agencys own behalf and on behalf of any of its affiliates in accordance with this paragraph is deemed to be compliance with this paragraph by each of those affiliates.\n\n( 6 ) Notification system by agencies that operate nationwide Each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall establish and maintain a notification system for purposes of paragraph ( 5 ) jointly with other such consumer reporting agencies.\n\n( f ) Certain use or obtaining of information prohibited A person shall not use or obtain a consumer report for any purpose unless ( 1 ) the consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section; and ( 2 ) the purpose is certified in accordance with section 1681e of this title by a prospective user of the report through a general or specific certification.\n\n( g ) Protection of medical information ( 1 ) Limitation on consumer reporting agencies A consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction, a consumer report that contains medical information ( other than medical contact information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) about a consumer, unless ( A ) if furnished in connection with an insurance transaction, the consumer affirmatively consents to the furnishing of the report ; ( B ) if furnished for employment purposes or in connection with a credit transaction ( i ) the information to be furnished is relevant to process or effect the employment or credit transaction ; and ( ii ) the consumer provides specific written consent for the furnishing of the report that describes in clear and conspicuous language the use for which the information will be furnished ; or ( C ) the information to be furnished pertains solely to transactions, accounts, or balances relating to debts arising from the receipt of medical services, products, or devises, where such information, other than account status or amounts, is restricted or reported using codes that do not identify, or do not provide information sufficient to infer, the specific provider or the nature of such services, products, or devices, as provided in section 1681c ( a ) ( 6 ) of this title.\n\n( 2 ) Limitation on creditors Except as permitted pursuant to paragraph ( 3 ) ( C ) or regulations prescribed under paragraph ( 5 ) ( A ), a creditor shall not obtain or use medical information ( other than medical information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) pertaining to a consumer in connection with any determination of the consumers eligibility, or continued eligibility, for credit.\n\n( 3 ) Actions authorized by Federal law, insurance activities and regulatory determinations Section 1681a ( d ) ( 3 ) of this title shall not be construed so as to treat information or any communication of information as a consumer report if the information or communication is disclosed ( A ) in connection with the business of insurance or annuities, including the activities described in section 18B of the model Privacy of Consumer Financial and Health Information Regulation issued by the National Association of Insurance Commissioners ( as in effect on January 1, 2003 ) ; ( B ) for any purpose permitted without authorization under the Standards for Individually Identifiable Health Information promulgated by the Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996, or referred to under section 1179 of such Act,1 or described in section 6802 ( e ) of this title ; or ( C ) as otherwise determined to be necessary and appropriate, by regulation or order, by the Bureau or the applicable State insurance authority ( with respect to any person engaged in providing insurance or annuities ).\n\n( 4 ) Limitation on redisclosure of medical information Any person that receives medical information pursuant to paragraph ( 1 ) or ( 3 ) shall not disclose such information to any other person, except as necessary to carry out the purpose for which the information was initially disclosed, or as otherwise permitted by statute, regulation, or order.\n\n( 5 ) Regulations and effective date for paragraph ( 2 ) ( A ) [ 2 ] Regulations required The Bureau may, after notice and opportunity for comment, prescribe regulations that permit transactions under paragraph ( 2 ) that are determined to be necessary and appropriate to protect legitimate operational, transactional, risk, consumer, and other needs ( and which shall include permitting actions necessary for administrative verification purposes ), consistent with the intent of paragraph ( 2 ) to restrict the use of medical information for inappropriate purposes. \n\n( 6 ) Coordination with other laws No provision of this subsection shall be construed as altering, affecting, or superseding the applicability of any other provision of Federal law relating to medical confidentiality.","date_sent_to_company":"2023-10-18T17:46:08.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"7721741","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2023-10-18T17:46:01.000Z","state":"TX","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["XXXX, XXXX, and <em>Equifax</em> continue to report inaccurate information on my consumer account listed XXXX XXXX XXXX. There are several inconsistencies and they do not <em>have</em> consent to report the information."],"company":["<em>EQUIFAX</em>, INC."]},"sort":[4.516879,"7721741"]},{"_index":"complaint-public-v1","_id":"7721029","_score":4.0352783,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, XXXX, and Equifax continue to report my financial account with XXXX XXXX without my written consent. I have not authorized either company to release my nonpublic information. Each reporting agency is indeed a financial institution that makes a profit from each company to report said information. Due to the monetary gain from the creditor the reporting agencies have a financial gain which makes their interest in this account biased. I have requested the accounting history of this account and neither company has provided such documentary evidence. Each company is required to send an opt out notice to each consumer that gives them the opportunity to opt out of the information being shared. I have not received any such notice from either company. No consumer can be late on an open ended consumer plan either. This makes this report fraudulent. \n\n17 CFR 248.124 - Reasonable opportunity to opt out.\n\nCFR prev | next 248.124 Reasonable opportunity to opt out. \n( 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 ).\n\n( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( 1 ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means.\n\n( 2 ) By electronic means.\n\n( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means.\n\n( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means.\n\n( 3 ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted.\n\n( 4 ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out.\n\n( 5 ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice.\n\n15 U.S. Code 1681b - Permissible purposes of consumer reports U.S. Code Notes prev | next ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.\n\n( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\n( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.\n\n( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.\n\n( 4 ) 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 ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.\n\n( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award.\n\n( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [ 12 U.S.C. 1811 et seq. ] or the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable.\n\n( b ) Conditions for furnishing and using consumer reports for employment purposes ( 1 ) Certification from user A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) [ 1 ] of this title.\n\n( 2 ) Disclosure to consumer ( A ) In general Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.\n\n( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 1681m ( a ) ( 3 ) 1 of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 3 ) Conditions on use for adverse actions ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( B ) Application by mail, telephone, computer, or other similar means ( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 1681m ( a ) of this title, within 3 business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.\n\n( ii ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumers request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumers rights as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 4 ) Exception for national security investigations ( A ) In general In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for employment purposes, paragraph ( 3 ) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that ( i ) the consumer report is relevant to a national security investigation of such agency or department ; ( ii ) the investigation is within the jurisdiction of such agency or department ; ( iii ) there is reason to believe that compliance with paragraph ( 3 ) will ( I ) endanger the life or physical safety of any person ; ( II ) result in flight from prosecution ; ( III ) result in the destruction of, or tampering with, evidence relevant to the investigation ; ( IV ) result in the intimidation of a potential witness relevant to the investigation ; ( V ) result in the compromise of classified information ; or ( VI ) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding.\n\n( B ) Notification of consumer upon conclusion of investigation Upon the conclusion of a national security investigation described in subparagraph ( A ), or upon the determination that the exception under subparagraph ( A ) is no longer required for the reasons set forth in such subparagraph, the official exercising the authority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to which such finding was made ( i ) a copy of such consumer report with any classified information redacted as necessary ; ( ii ) notice of any adverse action which is based, in part, on the consumer report ; and ( iii ) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought.\n\n( C ) Delegation by head of agency or department For purposes of subparagraphs ( A ) and ( B ), the head of any agency or department of the United States Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security responsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank.\n\n( D ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Classified information The term classified information means information that is protected from unauthorized disclosure under Executive Order No. 12958 or successor orders.\n\n( ii ) National security investigation The term national security investigation means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised.\n\n( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 1 ) In general A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) in connection with any credit or insurance transaction that is not initiated by the consumer only if ( A ) the consumer authorizes the agency to provide such report to such person ; or ( B ) ( i ) the transaction consists of a firm offer of credit or insurance ; ( ii ) the consumer reporting agency has complied with subsection ( e ) ; ( iii ) there is not in effect an election by the consumer, made in accordance with subsection ( e ), to have the consumers name and address excluded from lists of names provided by the agency pursuant to this paragraph ; and ( iv ) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of 21, or, if the date of birth on the consumer report shows that the consumer has not attained the age of 21, such consumer consents to the consumer reporting agency to such furnishing.\n\n( 2 ) Limits on information received under paragraph ( 1 ) ( B ) A person may receive pursuant to paragraph ( 1 ) ( B ) only ( A ) the name and address of a consumer ; ( B ) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer ; and ( C ) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.\n\n( 3 ) Information regarding inquiries Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.\n\n( d ) Reserved ( e ) Election of consumer to be excluded from lists ( 1 ) In general A consumer may elect to have the consumers name and address excluded from any list provided by a consumer reporting agency under subsection ( c ) ( 1 ) ( B ) in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph ( 2 ) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer.\n\n( 2 ) Manner of notification A consumer shall notify a consumer reporting agency under paragraph ( 1 ) ( A ) through the notification system maintained by the agency under paragraph ( 5 ) ; or ( B ) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.\n\n( 3 ) Response of agency after notification through system Upon receipt of notification of the election of a consumer under paragraph ( 1 ) through the notification system maintained by the agency under paragraph ( 5 ), a consumer reporting agency shall ( A ) inform the consumer that the election is effective only for the 5-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph ( 2 ) ( B ) ; and ( B ) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph ( 5 ), in the case of a request made at the time the consumer provides notification through the system.\n\n( 4 ) Effectiveness of election An election of a consumer under paragraph ( 1 ) ( A ) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph ( 2 ) ; ( B ) shall be effective with respect to a consumer reporting agency ( i ) subject to subparagraph ( C ), during the 5-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph ( 2 ) ( A ) ; or ( ii ) until the consumer notifies the agency under subparagraph ( C ), in the case of an election for which a consumer notifies the agency in accordance with paragraph ( 2 ) ( B ) ; ( C ) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph ( 5 ), that the election is no longer effective ; and ( D ) shall be effective with respect to each affiliate of the agency. \n( 5 ) Notification system ( A ) In general Each consumer reporting agency that, under subsection ( c ) ( 1 ) ( B ), furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer, shall ( i ) establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumers election to have the consumers name and address excluded from any such list of names and addresses provided by the agency for such a transaction ; and ( ii ) publish by not later than 365 days after XX/XX/XXXX, and not less than annually thereafter, in a publication of general circulation in the area served by the agency ( I ) a notification that information in consumer files maintained by the agency may be used in connection with such transactions ; and ( II ) the address and toll-free telephone number for consumers to use to notify the agency of the consumers election under clause ( i ). \n( B ) Establishment and maintenance as compliance Establishment and maintenance of a notification system ( including a toll-free telephone number ) and publication by a consumer reporting agency on the agencys own behalf and on behalf of any of its affiliates in accordance with this paragraph is deemed to be compliance with this paragraph by each of those affiliates. \n\n( 6 ) Notification system by agencies that operate nationwide Each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall establish and maintain a notification system for purposes of paragraph ( 5 ) jointly with other such consumer reporting agencies. \n\n( f ) Certain use or obtaining of information prohibited A person shall not use or obtain a consumer report for any purpose unless ( 1 ) the consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section; and ( 2 ) the purpose is certified in accordance with section 1681e of this title by a prospective user of the report through a general or specific certification. \n( g ) Protection of medical information ( 1 ) Limitation on consumer reporting agencies A consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction, a consumer report that contains medical information ( other than medical contact information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) about a consumer, unless ( A ) if furnished in connection with an insurance transaction, the consumer affirmatively consents to the furnishing of the report ; ( B ) if furnished for employment purposes or in connection with a credit transaction ( i ) the information to be furnished is relevant to process or effect the employment or credit transaction ; and ( ii ) the consumer provides specific written consent for the furnishing of the report that describes in clear and conspicuous language the use for which the information will be furnished ; or ( C ) the information to be furnished pertains solely to transactions, accounts, or balances relating to debts arising from the receipt of medical services, products, or devises, where such information, other than account status or amounts, is restricted or reported using codes that do not identify, or do not provide information sufficient to infer, the specific provider or the nature of such services, products, or devices, as provided in section 1681c ( a ) ( 6 ) of this title.\n\n( 2 ) Limitation on creditors Except as permitted pursuant to paragraph ( 3 ) ( C ) or regulations prescribed under paragraph ( 5 ) ( A ), a creditor shall not obtain or use medical information ( other than medical information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) pertaining to a consumer in connection with any determination of the consumers eligibility, or continued eligibility, for credit. \n\n( 3 ) Actions authorized by Federal law, insurance activities and regulatory determinations Section 1681a ( d ) ( 3 ) of this title shall not be construed so as to treat information or any communication of information as a consumer report if the information or communication is disclosed ( A ) in connection with the business of insurance or annuities, including the activities described in section 18B of the model Privacy of Consumer Financial and Health Information Regulation issued by the XXXX XXXX XXXX XXXX XXXX ( as in effect on XX/XX/XXXXXXXX  ) ; ( B ) for any purpose permitted without authorization under the Standards for Individually Identifiable Health Information promulgated by the Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of 1996, or referred to under section 1179 of such Act,1 or described in section 6802 ( e ) of this title ; or ( C ) as otherwise determined to be necessary and appropriate, by regulation or order, by the Bureau or the applicable State insurance authority ( with respect to any person engaged in providing insurance or annuities ). \n( 4 ) Limitation on redisclosure of medical information Any person that receives medical information pursuant to paragraph ( 1 ) or ( 3 ) shall not disclose such information to any other person, except as necessary to carry out the purpose for which the information was initially disclosed, or as otherwise permitted by statute, regulation, or order.\n\n( 5 ) Regulations and effective date for paragraph ( 2 ) ( A ) [ 2 ] Regulations required The Bureau may, after notice and opportunity for comment, prescribe regulations that permit transactions under paragraph ( 2 ) that are determined to be necessary and appropriate to protect legitimate operational, transactional, risk, consumer, and other needs ( and which shall include permitting actions necessary for administrative verification purposes ), consistent with the intent of paragraph ( 2 ) to restrict the use of medical information for inappropriate purposes.\n\n( 6 ) Coordination with other laws No provision of this subsection shall be construed as altering, affecting, or superseding the applicability of any other provision of Federal law relating to medical confidentiality.\n\n15 U.S. Code 1637 - Open end consumer credit plans U.S. Code Notes prev | next ( a ) Required disclosures by creditor Before opening any account under an open end consumer credit plan, the creditor shall disclose to the person to whom credit is to be extended each of the following items, to the extent applicable : ( 1 ) The conditions under which a finance charge may be imposed, including the time period ( if any ) within which any credit extended may be repaid without incurring a finance charge, except that the creditor may, at his election and without disclosure, impose no such finance charge if payment is received after the termination of such time period. If no such time period is provided, the creditor shall disclose such fact.\n\n( 2 ) The method of determining the balance upon which a finance charge will be imposed.\n\n( 3 ) The method of determining the amount of the finance charge, including any minimum or fixed amount imposed as a finance charge.\n\n( 4 ) Where one or more periodic rates may be used to compute the finance charge, each such rate, the range of balances to which it is applicable, and the corresponding nominal annual percentage rate determined by multiplying the periodic rate by the number of periods in a year.\n\n( 5 ) Identification of other charges which may be imposed as part of the plan, and their method of computation, in accordance with regulations of the Bureau.\n\n( 6 ) In cases where the credit is or will be secured, a statement that a security interest has been or will be taken in ( A ) the property purchased as part of the credit transaction, or ( B ) property not purchased as part of the credit transaction identified by item or type.\n\n( 7 ) A statement, in a form prescribed by regulations of the Bureau of the protection provided by sections 1666 and 1666i of this title to an obligor and the creditors responsibilities under sections 1666a and 1666i of this title. With respect to one billing cycle per calendar year, at intervals of not less than six months or more than eighteen months, the creditor shall transmit such statement to each obligor to whom the creditor is required to transmit a statement pursuant to subsection ( b ) for such billing cycle.\n\n( 8 ) In the case of any account under an open end consumer credit plan which provides for any extension of credit which is secured by the consumers principal dwelling, any information which ( A ) is required to be disclosed under section 1637a ( a ) of this title; and ( B ) the Bureau determines is not described in any other paragraph of this subsection.\n\n( b ) Statement required with each billing cycle The creditor of any account under an open end consumer credit plan shall transmit to the obligor, for each billing cycle at the end of which there is an outstanding balance in that account or with respect to which a finance charge is imposed, a statement setting forth each of the following items to the extent applicable : ( 1 ) The outstanding balance in the account at the beginning of the statement period.\n\n( 2 ) The amount and date of each extension of credit during the period, and a brief identification, on or accompanying the statement of each extension of credit in a form prescribed by the Bureau sufficient to enable the obligor either to identify the transaction or to relate it to copies of sales vouchers or similar instruments previously furnished, except that a creditors failure to disclose such information in accordance with this paragraph shall not be deemed a failure to comply with this part or this subchapter if ( A ) the creditor maintains procedures reasonably adapted to procure and provide such information, and ( B ) the creditor responds to and treats any inquiry for clarification or documentation as a billing error and an erroneously billed amount under section 1666 of this title. In lieu of complying with the requirements of the previous sentence, in the case of any transaction in which the creditor and seller are the same person, as defined by the Bureau, and such persons open end credit plan has fewer than 15,000 accounts, the creditor may elect to provide only the amount and date of each extension of credit during the period and the sellers name and location where the transaction took place if ( A ) a brief identification of the transaction has been previously furnished, and ( B ) the creditor responds to and treats any inquiry for clarification or documentation as a billing error and an erroneously billed amount under section 1666 of this title.\n\n( 3 ) The total amount credited to the account during the period.\n\n( 4 ) The amount of any finance charge added to the account during the period, itemized to show the amounts, if any, due to the application of percentage rates and the amount, if any, imposed as a minimum or fixed charge.\n\n( 5 ) Where one or more periodic rates ma","date_sent_to_company":"2023-10-18T20:32:01.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"7721029","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2023-10-18T20:31:54.000Z","state":"TX","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["XXXX, XXXX, and <em>Equifax</em> continue to report my financial account with XXXX XXXX without my written consent. I <em>have</em> not authorized either company to release my nonpublic information. Each reporting agency is indeed a financial institution that makes a profit from each company to report said information. Due to the monetary gain from the creditor the reporting agencies <em>have</em> a financial gain which makes their interest in this account biased."],"company":["<em>EQUIFAX</em>, INC."]},"sort":[4.0352783,"7721029"]},{"_index":"complaint-public-v1","_id":"6317401","_score":3.6738517,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Here are a list of all items in which are in violation of my federally protected consumer rights.\n1. Address/ XXXX XXXX XXXX XXXX XXXX XXXX XXXX NY XXXX, Note this is a non-mailable\naddress.\n2. Address/ XXXX XXXX XXXX XXXX XXXX XXXX, Nc XXXX Note This is a non-mailable \naddress.\n3. Address/ XXXX XXXX XXXX XXXX, Pa Note This is a non-mailable address\nHere are the list of all Accounts in which are in violation of my federally protected consumer \nrights.\n1. XXXX XXXX XXXX XXXX XXXX XXXX NOTE DATE ARE \nINCORRECT FOR ALL 3 CREDIT BUREAUS AND THERE ARE THREE DIFFENT ACCOUNT \nNUMBERS AND A VIALOTION OF THE EDUCATIONAL PRIVACY ACT OF 1974- 15 USC 6802 B1. THESE ACCOUNTS ARE TO BE REMOVED\n2. XXXX XXXX XXXX NOTE SHOULD BE LISTED AS \nPAID AS AGREED THERE WAS NEVER ANY LATE PAY AND THIS IS A VIOLATION \nOF 15 USC 6802 B-1 IT IS ALSO UNLAWFUL TO REPORT TRANSACTION HISTORY\n3. INQUIRIES ALL HARD AND SOFT INQUIRIES SHOULD BE REMOVE ASAP. THESE INQUIRIES \nARE IN VIOLATION OF 15 USC 1681- 15 USC6803 B - 16 CFR PART 313.1-7\n12/12/2020\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX\nConsumer Financial Protection Bureau\nPO Box 27170. Washington, DC 20038\nViolations of XXXX XXXX XXXX  Federal Protected consumer Rights \nThe violator of XXXX XXXX Page Federal Protected Consumer Right is XXXX  Equifax \nand XXXX. Here are the rights and codes in which where violated listed below.\n15 U.S. Code  6803 -\nDisclosure of institution \nprivacy policy\n(a)DISCLOSURE REQUIREDAt the time of establishing a customer relationship with \na consumer and not less than annually during the continuation of such relationship, \na financial institution shall provide a clear and conspicuous disclosure to such consumer, in \nwriting or in electronic form or other form permitted by the regulations prescribed \nunder section 6804 of this title, of such financial institutions policies and practices with \nrespect to\n(1)\ndisclosing nonpublic personal information to affiliates and nonaffiliated third parties, \nconsistent with section 6802 of this title, including the categories of information that may \nbe disclosed;\n(2)\ndisclosing nonpublic personal information of persons who have ceased to be customers of \nthe financial institution; and\n(3)\nprotecting the nonpublic personal information of consumers.\n(b)REGULATIONS\nDisclosures required by subsection (a) shall be made in accordance with the regulations \nprescribed under section 6804 of this title.\n(c)INFORMATION TO BE INCLUDEDThe disclosure required by subsection (a) shall include\n(1)the policies and practices of the institution with respect to disclosing nonpublic \npersonal information to nonaffiliated third parties, other than agents of the institution, \nconsistent with section 6802 of this title, and including\n[Type the company name]\n2\n(A)\nthe categories of persons to whom the information is or may be disclosed, other than the \npersons to whom the information may be provided pursuant to section 6802(e) of this \ntitle; and\n(B)\nthe policies and practices of the institution with respect to disclosing of nonpublic personal \ninformation of persons who have ceased to be customers of the financial institution;\n(2)\nthe categories of nonpublic personal information that are collected by the financial \ninstitution;\n(3)\nthe policies that the institution maintains to protect the confidentiality and security \nof nonpublic personal information in accordance with section 6801 of this title; and\n(4)\nthe disclosures required, if any, under section 1681a(d)(2)(A)(iii) of this title.\n(d)EXEMPTION FOR CERTIFIED PUBLIC ACCOUNTANTS\n(1)IN GENERALThe disclosure requirements of subsection (a) do not apply to any person, \nto the extent that the person is\n(A)\na certified public accountant;\n(B)\ncertified or licensed for such purpose by a State; and\n(C)\nsubject to any provision of law, rule, or regulation issued by a legislative or regulatory \nbody of the State, including rules of professional conduct or ethics, that prohibits \ndisclosure of nonpublic personal information without the knowing and expressed consent \nof the consumer.\n(2)LIMITATION\nNothing in this subsection shall be construed to exempt or otherwise exclude any financial \ninstitution that is affiliated or becomes affiliated with a certified public accountant \ndescribed in paragraph (1) from any provision of this section.\n15 U.S. Code  1681b - Permissible purposes of consumer reports\n(a)IN GENERALSubject to subsection (c), any consumer reporting agency may furnish \na consumer report under the following circumstances and no other:\n(1)\nIn response to the order of a court having jurisdiction to issue such an order, a subpoena \nissued in connection with proceedings before a Federal grand jury, or a subpoena issued in \naccordance with section 5318 of title 31 or section 3486 of title 18.\n(2)\nIn accordance with the written instructions of the consumer to whom it relates.\n(3)To a person which it has reason to believe\n(A)\nintends to use the information in connection with a credit transaction involving \nthe consumer on whom the information is to be furnished and involving the extension \nof credit to, or review or collection of an account of, the consumer; or\n(B)\nintends to use the information for employment purposes; or\n3\n(C)\nintends to use the information in connection with the underwriting of insurance involving \nthe consumer; or\n(D)\nintends to use the information in connection with a determination of the consumers \neligibility for a license or other benefit granted by a governmental instrumentality required \nby law to consider an applicants financial responsibility or status; or\n(E)\nintends to use the information, as a potential investor or servicer, or current insurer, in \nconnection with a valuation of, or an assessment of the credit or prepayment risks \nassociated with, an existing credit obligation; or\n(F)otherwise has a legitimate business need for the information\n(i)\nin connection with a business transaction that is initiated by the consumer; or\n(ii)\nto review an account to determine whether the consumer continues to meet the terms of \nthe account.\n(G)\nexecutive departments and agencies in connection with the issuance of governmentsponsored individually-billed travel charge cards.\n(4)In response to a request by the head of a State or local child support enforcement \nagency (or a State or local government official authorized by the head of such an agency), \nif the person making the request certifies to the consumer reporting agency that\n(A)\nthe consumer report is needed for the purpose of establishing an individuals capacity to \nmake child support payments, determining the appropriate level of such payments, or \nenforcing a child support order, award, agreement, or judgment;\n(B)\nthe parentage of the consumer for the child to which the obligation relates has been \nestablished or acknowledged by the consumer in accordance with State laws under which \nthe obligation arises (if required by those laws); and\n(C)\nthe consumer report will be kept confidential, will be used solely for a purpose described in \nsubparagraph (A), and will not be used in connection with any other civil, administrative, \nor criminal proceeding, or for any other purpose.\n(5)\nTo an agency administering a State plan under section 654 of title 42 for use to set an \ninitial or modified child support award.\n(6)\nTo the Federal Deposit Insurance Corporation or the National Credit Union \nAdministration as part of its preparation for its appointment or as part of its exercise of \npowers, as conservator, receiver, or liquidating agent for an insured depository institution \nor insured credit union under the Federal Deposit Insurance Act [12 U.S.C. 1811 et seq.] \nor the Federal Credit Union Act [12 U.S.C. 1751 et seq.], or other applicable Federal \nor State law, or in connection with the resolution or liquidation of a failed or failing insured \ndepository institution or insured credit union, as applicable.\n(b)CONDITIONS FOR FURNISHING AND USING CONSUMER REPORTS FOR EMPLOYMENT PURPOSES\n(1)CERTIFICATION FROM USERA consumer reporting agency may furnish a consumer \nreport for employment purposes only if\n[Type the company name]\n4\n(A)the person who obtains such report from the agency certifies to the agency that\n(i)\nthe person has complied with paragraph (2) with respect to the consumer report, and \nthe person will comply with paragraph (3) with respect to the consumer report if \nparagraph (3) becomes applicable; and\n(ii)\ninformation from the consumer report will not be used in violation of any applicable \nFederal or State equal employment opportunity law or regulation; and\n(B)\nthe consumer reporting agency provides with the report, or has previously provided, a \nsummary of the consumers rights under this subchapter, as prescribed by \nthe Bureau under section 1681g(c)(3) [1] of this title.\n(2)DISCLOSURE TO CONSUMER\n(A)In generalExcept as provided in subparagraph (B), a person may not procure \na consumer report, or cause a consumer report to be procured, for employment \npurposes with respect to any consumer, unless\n(i)\na clear and conspicuous disclosure has been made in writing to the consumer at any time \nbefore the report is procured or caused to be procured, in a document that consists solely \nof the disclosure, that a consumer report may be obtained for employment purposes; and\n(ii)\nthe consumer has authorized in writing (which authorization may be made on the \ndocument referred to in clause (i)) the procurement of the report by that person.\n(B)Application by mail, telephone, computer, or other similar meansIf \na consumer described in subparagraph (C) applies for employment by mail, telephone, \ncomputer, or other similar means, at any time before a consumer report is procured or \ncaused to be procured in connection with that application\n(i)\nthe person who procures the consumer report on the consumer for employment \npurposes shall provide to the consumer, by oral, written, or electronic means, notice that \na consumer report may be obtained for employment purposes, and a summary of \nthe consumers rights under section 1681m(a)(3) 1 of this title; and\n(ii)\nthe consumer shall have consented, orally, in writing, or electronically to the procurement \nof the report by that person.\n(C)ScopeSubparagraph (B) shall apply to a person procuring a consumer report on \na consumer in connection with the consumers application for employment only if\n(i)\nthe consumer is applying for a position over which the Secretary of Transportation has the \npower to establish qualifications and maximum hours of service pursuant to the provisions \nof section 31502 of title 49, or a position subject to safety regulation by \na State transportation agency; and\n(ii)\nas of the time at which the person procures the report or causes the report to be procured \nthe only interaction between the consumer and the person in connection with that \nemployment application has been by mail, telephone, computer, or other similar means.\n(3)CONDITIONS ON USE FOR ADVERSE ACTIONS\n(A)In generalExcept as provided in subparagraph (B), in using a consumer \nreport for employment purposes, before taking any adverse action based in whole or in \n5\npart on the report, the person intending to take such adverse action shall provide to \nthe consumer to whom the report relates\n(i)\na copy of the report; and\n(ii)\na description in writing of the rights of the consumer under this subchapter, as prescribed \nby the Bureau under section 1681g(c)(3) 1 of this title.\n(B)Application by mail, telephone, computer, or other similar means\n(i)If a consumer described in subparagraph (C) applies for employment by mail, \ntelephone, computer, or other similar means, and if a person who has procured \na consumer report on the consumer for employment purposes takes adverse action on the \nemployment application based in whole or in part on the report, then the person must \nprovide to the consumer to whom the report relates, in lieu of the notices required under \nsubparagraph (A) of this section and under section 1681m(a) of this title, within 3 \nbusiness days of taking such action, an oral, written or electronic notification\n(I)\nthat adverse action has been taken based in whole or in part on a consumer \nreport received from a consumer reporting agency;\n(II)\nof the name, address and telephone number of the consumer reporting agency that \nfurnished the consumer report (including a toll-free telephone number established by the \nagency if the agency compiles and maintains files on consumers on a nationwide basis);\n(III)\nthat the consumer reporting agency did not make the decision to take the adverse \naction and is unable to provide to the consumer the specific reasons why the adverse \naction was taken; and\n(IV)\nthat the consumer may, upon providing proper identification, request a free copy of a \nreport and may dispute with the consumer reporting agency the accuracy or completeness \nof any information in a report.\n(ii)\nIf, under clause (B)(i)(IV), the consumer requests a copy of a consumer report from \nthe person who procured the report, then, within 3 business days of receiving \nthe consumers request, together with proper identification, the person must send or \nprovide to the consumer a copy of a report and a copy of the consumers rights as \nprescribed by the Bureau under section 1681g(c)(3) 1 of this title.\n(C)ScopeSubparagraph (B) shall apply to a person procuring a consumer report on \na consumer in connection with the consumers application for employment only if\n(i)\nthe consumer is applying for a position over which the Secretary of Transportation has the \npower to establish qualifications and maximum hours of service pursuant to the provisions \nof section 31502 of title 49, or a position subject to safety regulation by \na State transportation agency; and\n(ii)\nas of the time at which the person procures the report or causes the report to be procured \nthe only interaction between the consumer and the person in connection with that \nemployment application has been by mail, telephone, computer, or other similar means.\n(4)EXCEPTION FOR NATIONAL SECURITY INVESTIGATIONS\n(A)In generalIn the case of an agency or department of the United States Government \nwhich seeks to obtain and use a consumer report for employment purposes, paragraph (3) \n[Type the company name]\n6\nshall not apply to any adverse action by such agency or department which is based in part \non such consumer report, if the head of such agency or department makes a written \nfinding that\n(i)\nthe consumer report is relevant to a national security investigation of such agency or \ndepartment;\n(ii)\nthe investigation is within the jurisdiction of such agency or department;\n(iii)there is reason to believe that compliance with paragraph (3) will\n(I)\nendanger the life or physical safety of any person;\n(II)\nresult in flight from prosecution;\n(III)\nresult in the destruction of, or tampering with, evidence relevant to the investigation;\n(IV)\nresult in the intimidation of a potential witness relevant to the investigation;\n(V)\nresult in the compromise of classified information; or\n(VI)\notherwise seriously jeopardize or unduly delay the investigation or another official \nproceeding.\n(B)Notification of consumer upon conclusion of investigationUpon the conclusion of \na national security investigation described in subparagraph (A), or upon the determination \nthat the exception under subparagraph (A) is no longer required for the reasons set forth \nin such subparagraph, the official exercising the authority in such subparagraph shall \nprovide to the consumer who is the subject of the consumer report with regard to which \nsuch finding was made\n(i)\na copy of such consumer report with any classified information redacted as necessary;\n(ii)\nnotice of any adverse action which is based, in part, on the consumer report; and\n(iii)\nthe identification with reasonable specificity of the nature of the investigation for which \nthe consumer report was sought.\n(C)Delegation by head of agency or department\nFor purposes of subparagraphs (A) and (B), the head of any agency or department of the \nUnited States Government may delegate his or her authorities under this paragraph to an \nofficial of such agency or department who has personnel security responsibilities and is a \nmember of the Senior Executive Service or equivalent civilian or military rank.\n(D)DefinitionsFor purposes of this paragraph, the following definitions shall apply:\n(i)Classified information\nThe term classified information means information that is protected from unauthorized \ndisclosure under Executive Order No. 12958 or successor orders.\n(ii)National security investigation\nThe term national security investigation means any official inquiry by an agency or \ndepartment of the United States Government to determine the eligibility of a consumer to \n7\nreceive access or continued access to classified information or to determine \nwhether classified information has been lost or compromised.\n(c)FURNISHING REPORTS IN CONNECTION WITH CREDIT OR INSURANCE TRANSACTIONS THAT ARE \nNOT INITIATED BY CONSUMER\n(1)IN GENERALA consumer reporting agency may furnish a consumer report relating to \nany consumer pursuant to subparagraph (A) or (C) of subsection (a)(3) in connection with \nany credit or insurance transaction that is not initiated by the consumer only if\n(A)\nthe consumer authorizes the agency to provide such report to such person; or\n(B)\n(i)\nthe transaction consists of a firm offer of credit or insurance;\n(ii)\nthe consumer reporting agency has complied with subsection (e);\n(iii)\nthere is not in effect an election by the consumer, made in accordance with subsection (e), \nto have the consumers name and address excluded from lists of names provided by the \nagency pursuant to this paragraph; and\n(iv)\nthe consumer report does not contain a date of birth that shows that the consumer has \nnot attained the age of 21, or, if the date of birth on the consumer report shows that \nthe consumer has not attained the age of 21, such consumer consents to the consumer \nreporting agency to such furnishing.\n(2)LIMITS ON INFORMATION RECEIVED UNDER PARAGRAPH (1)(B)A person may receive \npursuant to paragraph (1)(B) only\n(A)\nthe name and address of a consumer;\n(B)\nan identifier that is not unique to the consumer and that is used by the person solely for \nthe purpose of verifying the identity of the consumer; and\n(C)\nother information pertaining to a consumer that does not identify the relationship or \nexperience of the consumer with respect to a particular creditor or other entity.\n(3)INFORMATION REGARDING INQUIRIES\nExcept as provided in section 1681g(a)(5) of this title, a consumer reporting agency shall \nnot furnish to any person a record of inquiries in connection with a credit or insurance \ntransaction that is not initiated by a consumer.\n(d)RESERVED\n(e)ELECTION OF CONSUMER TO BE EXCLUDED FROM LISTS\n(1)IN GENERAL\nA consumer may elect to have the consumers name and address excluded from any list \nprovided by a consumer reporting agency under subsection (c)(1)(B) in connection with \na credit or insurance transaction that is not initiated by the consumer, by notifying the \nagency in accordance with paragraph (2) that the consumer does not consent to any use \nof a consumer report relating to the consumer in connection with any credit or insurance \ntransaction that is not initiated by the consumer.\n(2)MANNER OF NOTIFICATIONA consumer shall notify a consumer reporting agency under \nparagraph (1)\n[Type the company name]\n8\n(A)\nthrough the notification system maintained by the agency under paragraph (5); or\n(B)\nby submitting to the agency a signed notice of election form issued by the agency for \npurposes of this subparagraph.\n(3)RESPONSE OF AGENCY AFTER NOTIFICATION THROUGH SYSTEMUpon receipt of notification of \nthe election of a consumer under paragraph (1) through the notification system \nmaintained by the agency under paragraph (5), a consumer reporting agency shall\n(A)\ninform the consumer that the election is effective only for the 5-year period following the \nelection if the consumer does not submit to the agency a signed notice of election form \nissued by the agency for purposes of paragraph (2)(B); and\n(B)\nprovide to the consumer a notice of election form, if requested by the consumer, not later \nthan 5 business days after receipt of the notification of the election through the system \nestablished under paragraph (5), in the case of a request made at the time \nthe consumer provides notification through the system.\n(4)EFFECTIVENESS OF ELECTIONAn election of a consumer under paragraph (1)\n(A)\nshall be effective with respect to a consumer reporting agency beginning 5 business days \nafter the date on which the consumer notifies the agency in accordance with paragraph \n(2);\n(B)shall be effective with respect to a consumer reporting agency\n(i)\nsubject to subparagraph (C), during the 5-year period beginning 5 business days after the \ndate on which the consumer notifies the agency of the election, in the case of an election \nfor which a consumer notifies the agency only in accordance with paragraph (2)(A); or\n(ii)\nuntil the consumer notifies the agency under subparagraph (C), in the case of an election \nfor which a consumer notifies the agency in accordance with paragraph (2)(B);\n(C)\nshall not be effective after the date on which the consumer notifies the agency, through \nthe notification system established by the agency under paragraph (5), that the election is \nno longer effective; and\n(D)\nshall be effective with respect to each affiliate of the agency.\n(5)NOTIFICATION SYSTEM\n(A)In generalEach consumer reporting agency that, under subsection (c)(1)(B), \nfurnishes a consumer report in connection with a credit or insurance transaction that is not \ninitiated by a consumer, shall\n(i)\nestablish and maintain a notification system, including a toll-free telephone number, which \npermits any consumer whose consumer report is maintained by the agency to notify the \nagency, with appropriate identification, of the consumers election to have the consumers \nname and address excluded from any such list of names and addresses provided by the \nagency for such a transaction; and\n(ii)publish by not later than 365 days after September 30, 1996, and not less than \nannually thereafter, in a publication of general circulation in the area served by the \nagency\n9\n(I)\na notification that information in consumer files maintained by the agency may be used in \nconnection with such transactions; and\n(II)\nthe address and toll-free telephone number for consumers to use to notify the agency of \nthe consumers election under clause (i).\n(B)Establishment and maintenance as compliance\nEstablishment and maintenance of a notification system (including a toll-free telephone \nnumber) and publication by a consumer reporting agency on the agencys own behalf and \non behalf of any of its affiliates in accordance with this paragraph is deemed to be \ncompliance with this paragraph by each of those affiliates.\n(6)NOTIFICATION SYSTEM BY AGENCIES THAT OPERATE NATIONWIDE\nEach consumer reporting agency that compiles and maintains files on consumers on a \nnationwide basis shall establish and maintain a notification system for purposes of \nparagraph (5) jointly with other such consumer reporting agencies.\n(f)CERTAIN USE OR OBTAINING OF INFORMATION PROHIBITEDA person shall not use or obtain \na consumer report for any purpose unless\n(1)\nthe consumer report is obtained for a purpose for which the consumer report is authorized \nto be furnished under this section; and\n(2)\nthe purpose is certified in accordance with section 1681e of this title by a prospective user \nof the report through a general or specific certification.\n(g)PROTECTION OF MEDICAL INFORMATION\n(1)LIMITATION ON CONSUMER REPORTING AGENCIESA consumer reporting agency shall not \nfurnish for employment purposes, or in connection with a credit or insurance transaction, \na consumer report that contains medical information (other than medical contact \ninformation treated in the manner required under section 1681c(a)(6) of this title) about \na consumer, unless\n(A)\nif furnished in connection with an insurance transaction, the consumer affirmatively \nconsents to the furnishing of the report;\n(B)if furnished for employment purposes or in connection with a credit transaction\n(i)\nthe information to be furnished is relevant to process or effect the employment \nor credit transaction; and\n(ii)\nthe consumer provides specific written consent for the furnishing of the report that \ndescribes in clear and conspicuous language the use for which the information will be \nfurnished; or\n(C)\nthe information to be furnished pertains solely to transactions, accounts, or balances \nrelating to debts arising from the receipt of medical services, products, or devises, where \nsuch information, other than account status or amounts, is restricted or reported using \ncodes that do not identify, or do not provide information sufficient to infer, the specific \nprovider or the nature of such services, products, or devices, as provided in section \n1681c(a)(6) of this title.\n(2)LIMITATION ON CREDITORS\n[Type the company name]\n10\nExcept as permitted pursuant to paragraph (3)(C) or regulations prescribed under \nparagraph (5)(A), a creditor shall not obtain or use medical information (other than \nmedical information treated in the manner required under section 1681c(a)(6) of this title) \npertaining to a consumer in connection with any determination of the consumers \neligibility, or continued eligibility, for credit.\n(3)ACTIONS AUTHORIZED BY FEDERAL LAW, INSURANCE ACTIVITIES AND REGULATORY \nDETERMINATIONSSection 1681a(d)(3) of this title shall not be construed so as to treat \ninformation or any communication of information as a consumer report if the information \nor communication is disclosed\n(A)\nin connection with the business of insurance or annuities, including the activities described \nin section 18B of the model Privacy of Consumer Financial and Health Information \nRegulation issued by the National Association of Insurance Commissioners (as in effect \non January 1, 2003);\n(B)\nfor any purpose permitted without authorization under the Standards for Individually \nIdentifiable Health Information promulgated by the Department of Health and Human \nServices pursuant to the Health Insurance Portability and Accountability Act of 1996, or \nreferred to under section 1179 of such Act,1 or described in section 6802(e) of this title; or\n(C)\nas otherwise determined to be necessary and appropriate, by regulation or order, by \nthe Bureau or the applicable State insurance authority (with respect to \nany person engaged in providing insurance or annuities).\n(4)LIMITATION ON REDISCLOSURE OF MEDICAL INFORMATION\nAny person that receives medical information pursuant to paragraph (1) or (3) shall not \ndisclose such information to any other person, except as necessary to carry out the \npurpose for which the information was initially disclosed, or as otherwise permitted by \nstatute, regulation, or order.\n(5)REGULATIONS AND EFFECTIVE DATE FOR PARAGRAPH (2)\n(A) [2] Regulations required\nThe Bureau may, after notice and opportunity for comment, prescribe regulations that \npermit transactions under paragraph (2) that are determined to be necessary and \nappropriate to protect legitimate operational, transactional, risk, consumer, and other \nneeds (and which shall include permitting actions necessary for administrative verification \npurposes), consistent with the intent of paragraph (2) to restrict the use of medical \ninformation for inappropriate purposes.\n(6)COORDINATION WITH OTHER LAWS\nNo provision of this subsection shall be construed as altering, affecting, or superseding the \napplicability of any other provision of Federal law relating to medical confidentiality.\n(Pub. L. 90321, title VI, 604, as added Pub. L. 91508, title VI, 601, Oct. 26, \n1970, 84 Stat. 1129; amended Pub. L. 10173, title IX, 964(c), Aug. 9, 1989, 103 Stat. \n506; Pub. L. 104193, title III, 352, Aug. 22, 1996, 110 Stat. 2240; Pub. L. 104208, \ndiv. A, title II, 2403, 2404(a), (b), 2405, Sept. 30, 1996, 110 Stat. 3009430, 3009\n431, 3009433, 3009434; Pub. L. 105107, title III, 311(a), Nov. 20, 1997, 111 Stat. \n2255; Pub. L. 105347, 2, 3, 6(4), Nov. 2, 1998, 112 Stat. 3208, 3210, 3211; Pub. L. \n107306, title VIII, 811(b)(8)(A), Nov. 27, 2002, 116 Stat. 2426; Pub. L. 108159, title \nII, 213(c), title IV, 411(a), 412(f), title VIII, 811(b), Dec. 4, 2003, 117 Stat. 1979, \n1999, 2003, 2011; Pub. L. 108177, title III, 361(j), Dec. 13, 2003, 117 Stat. \n2625; Pub. L. 109351, title VII, 719, Oct. 13, 2006, 120 Stat. 1998; Pub. L. 110161, \n11\ndiv. D, title VII, 743, Dec. 26, 2007, 121 Stat. 2033; Pub. L. 11124, title III, 302, May \n22, 2009, 123 Stat. 1748; Pub. L. 111203, title X, 1088(a)(2)(A), (4), July 21, \n2010, 124 Stat. 2087; Pub. L. 11494, div. G, title LXXX, 80001, Dec. 4, 2015, 129 Stat. \n1792; Pub. L. 116283, div. F, title LXIII, 6308(b), Jan. 1, 2021, 134 Stat. 4594.)\n17 CFR  248.7 - Form of opt out notice to consumers; opt out methods.\n 248.7 Form of opt out notice to consumers; opt out methods.\n(a)\n(1) Form of opt out notice. If you are required to provide an opt out notice under  248.10(a), \nyou must provide a clear and conspicuous notice to each of your consumers that accurately \nexplains the right to opt out under that section. The notice must state:\n(i) That you disclose or reserve the right to disclose nonpublic personal information about \nyour consumer to a nonaffiliated third party;\n(ii) That the consumer has the right to opt out of that disclosure; and\n(iii) A reasonable means by which the consumer may exercise the opt out right.\n(2) Examples -\n(i) Adequate opt out notice. You provide adequate notice that the consumer can opt out of \nthe disclosure of nonpublic personal information to a nonaffiliated third party if you:\n(A) Identify all of the categories of nonpublic personal information that you disclose or \nreserve the right to disclose, and all of the categories of nonaffiliated third parties to \nwhich you disclose the information, as described in  248.6(a)(2) and (3) and state that the \nconsumer can opt out of the disclosure of that information; and\n(B) Identify the financial products or services that the consumer obtains from you, either \nsingly or jointly, to which the opt out direction would apply.\n(ii) Reasonable opt out means. You provide a reasonable means to exercise an opt out right \nif you:\n(A) Designate check-off boxes in a prominent position on the relevant forms with the opt \nout notice;\n(B) Include a reply form together with the opt out notice;\n(C) Provide an electronic means to opt out, such as a form that can be sent via electronic \nmail or a process at your web site, if the consumer agrees to the electronic delivery of \ninformation; or\n(D) Provide a toll-free telephone number that consumers may call to opt out.\n(iii) Unreasonable opt out means. You do not provide a reasonable means of opting out if:\n[Type the company name]\n12\n(A","date_sent_to_company":"2022-12-13T09:07:19.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"283XX","tags":null,"has_narrative":true,"complaint_id":"6317401","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2022-12-13T08:23:26.000Z","state":"NC","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["(ii)National security investigation\nThe term national security investigation means any official inquiry by an agency or \ndepartment of the United States Government to determine the eligibility of a consumer to \n7\nreceive <em>access</em> or continued <em>access</em> to classified information or to determine \nwhether classified information has been lost or compromised."],"company":["<em>EQUIFAX</em>, INC."]},"sort":[3.6738517,"6317401"]},{"_index":"complaint-public-v1","_id":"6317176","_score":3.6738517,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Here are a list of all items in which are in violation of my federally protected consumer rights.\n1. Address/ XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, Note this is a non-mailable\naddress.\n2. Address/ XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Note This is a non-mailable \naddress.\n3. Address/ XXXX XXXX XXXX XXXX XXXX XXXX This is a non-mailable address\nHere are the list of all Accounts in which are in violation of my federally protected consumer \nrights.\n1. XXXX XXXX XXXX XXXX XXXX XXXX  NOTE DATE ARE \nINCORRECT FOR ALL 3 CREDIT BUREAUS AND THERE ARE THREE DIFFENT ACCOUNT \nNUMBERS AND A VIALOTION OF THE EDUCATIONAL PRIVACY ACT OF 1974- 15 USC 6802 B1. THESE ACCOUNTS ARE TO BE REMOVED\n2. ONEMAIN XXXX XXXX NOTE SHOULD BE LISTED AS \nPAID AS AGREED THERE WAS NEVER ANY LATE PAY AND THIS IS A VIOLATION \nOF 15 USC 6802 B-1 IT IS ALSO UNLAWFUL TO REPORT TRANSACTION HISTORY\n3. INQUIRIES ALL HARD AND SOFT INQUIRIES SHOULD BE REMOVE ASAP. THESE INQUIRIES \nARE IN VIOLATION OF 15 USC 1681- 15 USC6803 B - 16 CFR PART 313.1-7\n12/12/2020\nShelton Quantail Page\n929 hubbard rd \nRowland NC, 28383\nConsumer Financial Protection Bureau\nPO Box 27170. Washington, DC 20038\nViolations of Shelton Quantail Page Federal Protected consumer Rights \nThe violator of Shelton Quantail Page Federal Protected Consumer Right is Experian, Equifax \nand TransUnion. Here are the rights and codes in which where violated listed below.\n15 U.S. Code  6803 -\nDisclosure of institution \nprivacy policy\n(a)DISCLOSURE REQUIREDAt the time of establishing a customer relationship with \na consumer and not less than annually during the continuation of such relationship, \na financial institution shall provide a clear and conspicuous disclosure to such consumer, in \nwriting or in electronic form or other form permitted by the regulations prescribed \nunder section 6804 of this title, of such financial institutions policies and practices with \nrespect to\n(1)\ndisclosing nonpublic personal information to affiliates and nonaffiliated third parties, \nconsistent with section 6802 of this title, including the categories of information that may \nbe disclosed;\n(2)\ndisclosing nonpublic personal information of persons who have ceased to be customers of \nthe financial institution; and\n(3)\nprotecting the nonpublic personal information of consumers.\n(b)REGULATIONS\nDisclosures required by subsection (a) shall be made in accordance with the regulations \nprescribed under section 6804 of this title.\n(c)INFORMATION TO BE INCLUDEDThe disclosure required by subsection (a) shall include\n(1)the policies and practices of the institution with respect to disclosing nonpublic \npersonal information to nonaffiliated third parties, other than agents of the institution, \nconsistent with section 6802 of this title, and including\n[Type the company name]\n2\n(A)\nthe categories of persons to whom the information is or may be disclosed, other than the \npersons to whom the information may be provided pursuant to section 6802(e) of this \ntitle; and\n(B)\nthe policies and practices of the institution with respect to disclosing of nonpublic personal \ninformation of persons who have ceased to be customers of the financial institution;\n(2)\nthe categories of nonpublic personal information that are collected by the financial \ninstitution;\n(3)\nthe policies that the institution maintains to protect the confidentiality and security \nof nonpublic personal information in accordance with section 6801 of this title; and\n(4)\nthe disclosures required, if any, under section 1681a(d)(2)(A)(iii) of this title.\n(d)EXEMPTION FOR CERTIFIED PUBLIC ACCOUNTANTS\n(1)IN GENERALThe disclosure requirements of subsection (a) do not apply to any person, \nto the extent that the person is\n(A)\na certified public accountant;\n(B)\ncertified or licensed for such purpose by a State; and\n(C)\nsubject to any provision of law, rule, or regulation issued by a legislative or regulatory \nbody of the State, including rules of professional conduct or ethics, that prohibits \ndisclosure of nonpublic personal information without the knowing and expressed consent \nof the consumer.\n(2)LIMITATION\nNothing in this subsection shall be construed to exempt or otherwise exclude any financial \ninstitution that is affiliated or becomes affiliated with a certified public accountant \ndescribed in paragraph (1) from any provision of this section.\n15 U.S. Code  1681b - Permissible purposes of consumer reports\n(a)IN GENERALSubject to subsection (c), any consumer reporting agency may furnish \na consumer report under the following circumstances and no other:\n(1)\nIn response to the order of a court having jurisdiction to issue such an order, a subpoena \nissued in connection with proceedings before a Federal grand jury, or a subpoena issued in \naccordance with section 5318 of title 31 or section 3486 of title 18.\n(2)\nIn accordance with the written instructions of the consumer to whom it relates.\n(3)To a person which it has reason to believe\n(A)\nintends to use the information in connection with a credit transaction involving \nthe consumer on whom the information is to be furnished and involving the extension \nof credit to, or review or collection of an account of, the consumer; or\n(B)\nintends to use the information for employment purposes; or\n3\n(C)\nintends to use the information in connection with the underwriting of insurance involving \nthe consumer; or\n(D)\nintends to use the information in connection with a determination of the consumers \neligibility for a license or other benefit granted by a governmental instrumentality required \nby law to consider an applicants financial responsibility or status; or\n(E)\nintends to use the information, as a potential investor or servicer, or current insurer, in \nconnection with a valuation of, or an assessment of the credit or prepayment risks \nassociated with, an existing credit obligation; or\n(F)otherwise has a legitimate business need for the information\n(i)\nin connection with a business transaction that is initiated by the consumer; or\n(ii)\nto review an account to determine whether the consumer continues to meet the terms of \nthe account.\n(G)\nexecutive departments and agencies in connection with the issuance of governmentsponsored individually-billed travel charge cards.\n(4)In response to a request by the head of a State or local child support enforcement \nagency (or a State or local government official authorized by the head of such an agency), \nif the person making the request certifies to the consumer reporting agency that\n(A)\nthe consumer report is needed for the purpose of establishing an individuals capacity to \nmake child support payments, determining the appropriate level of such payments, or \nenforcing a child support order, award, agreement, or judgment;\n(B)\nthe parentage of the consumer for the child to which the obligation relates has been \nestablished or acknowledged by the consumer in accordance with State laws under which \nthe obligation arises (if required by those laws); and\n(C)\nthe consumer report will be kept confidential, will be used solely for a purpose described in \nsubparagraph (A), and will not be used in connection with any other civil, administrative, \nor criminal proceeding, or for any other purpose.\n(5)\nTo an agency administering a State plan under section 654 of title 42 for use to set an \ninitial or modified child support award.\n(6)\nTo the Federal Deposit Insurance Corporation or the National Credit Union \nAdministration as part of its preparation for its appointment or as part of its exercise of \npowers, as conservator, receiver, or liquidating agent for an insured depository institution \nor insured credit union under the Federal Deposit Insurance Act [12 U.S.C. 1811 et seq.] \nor the Federal Credit Union Act [12 U.S.C. 1751 et seq.], or other applicable Federal \nor State law, or in connection with the resolution or liquidation of a failed or failing insured \ndepository institution or insured credit union, as applicable.\n(b)CONDITIONS FOR FURNISHING AND USING CONSUMER REPORTS FOR EMPLOYMENT PURPOSES\n(1)CERTIFICATION FROM USERA consumer reporting agency may furnish a consumer \nreport for employment purposes only if\n[Type the company name]\n4\n(A)the person who obtains such report from the agency certifies to the agency that\n(i)\nthe person has complied with paragraph (2) with respect to the consumer report, and \nthe person will comply with paragraph (3) with respect to the consumer report if \nparagraph (3) becomes applicable; and\n(ii)\ninformation from the consumer report will not be used in violation of any applicable \nFederal or State equal employment opportunity law or regulation; and\n(B)\nthe consumer reporting agency provides with the report, or has previously provided, a \nsummary of the consumers rights under this subchapter, as prescribed by \nthe Bureau under section 1681g(c)(3) [1] of this title.\n(2)DISCLOSURE TO CONSUMER\n(A)In generalExcept as provided in subparagraph (B), a person may not procure \na consumer report, or cause a consumer report to be procured, for employment \npurposes with respect to any consumer, unless\n(i)\na clear and conspicuous disclosure has been made in writing to the consumer at any time \nbefore the report is procured or caused to be procured, in a document that consists solely \nof the disclosure, that a consumer report may be obtained for employment purposes; and\n(ii)\nthe consumer has authorized in writing (which authorization may be made on the \ndocument referred to in clause (i)) the procurement of the report by that person.\n(B)Application by mail, telephone, computer, or other similar meansIf \na consumer described in subparagraph (C) applies for employment by mail, telephone, \ncomputer, or other similar means, at any time before a consumer report is procured or \ncaused to be procured in connection with that application\n(i)\nthe person who procures the consumer report on the consumer for employment \npurposes shall provide to the consumer, by oral, written, or electronic means, notice that \na consumer report may be obtained for employment purposes, and a summary of \nthe consumers rights under section 1681m(a)(3) 1 of this title; and\n(ii)\nthe consumer shall have consented, orally, in writing, or electronically to the procurement \nof the report by that person.\n(C)ScopeSubparagraph (B) shall apply to a person procuring a consumer report on \na consumer in connection with the consumers application for employment only if\n(i)\nthe consumer is applying for a position over which the Secretary of Transportation has the \npower to establish qualifications and maximum hours of service pursuant to the provisions \nof section 31502 of title 49, or a position subject to safety regulation by \na State transportation agency; and\n(ii)\nas of the time at which the person procures the report or causes the report to be procured \nthe only interaction between the consumer and the person in connection with that \nemployment application has been by mail, telephone, computer, or other similar means.\n(3)CONDITIONS ON USE FOR ADVERSE ACTIONS\n(A)In generalExcept as provided in subparagraph (B), in using a consumer \nreport for employment purposes, before taking any adverse action based in whole or in \n5\npart on the report, the person intending to take such adverse action shall provide to \nthe consumer to whom the report relates\n(i)\na copy of the report; and\n(ii)\na description in writing of the rights of the consumer under this subchapter, as prescribed \nby the Bureau under section 1681g(c)(3) 1 of this title.\n(B)Application by mail, telephone, computer, or other similar means\n(i)If a consumer described in subparagraph (C) applies for employment by mail, \ntelephone, computer, or other similar means, and if a person who has procured \na consumer report on the consumer for employment purposes takes adverse action on the \nemployment application based in whole or in part on the report, then the person must \nprovide to the consumer to whom the report relates, in lieu of the notices required under \nsubparagraph (A) of this section and under section 1681m(a) of this title, within 3 \nbusiness days of taking such action, an oral, written or electronic notification\n(I)\nthat adverse action has been taken based in whole or in part on a consumer \nreport received from a consumer reporting agency;\n(II)\nof the name, address and telephone number of the consumer reporting agency that \nfurnished the consumer report (including a toll-free telephone number established by the \nagency if the agency compiles and maintains files on consumers on a nationwide basis);\n(III)\nthat the consumer reporting agency did not make the decision to take the adverse \naction and is unable to provide to the consumer the specific reasons why the adverse \naction was taken; and\n(IV)\nthat the consumer may, upon providing proper identification, request a free copy of a \nreport and may dispute with the consumer reporting agency the accuracy or completeness \nof any information in a report.\n(ii)\nIf, under clause (B)(i)(IV), the consumer requests a copy of a consumer report from \nthe person who procured the report, then, within 3 business days of receiving \nthe consumers request, together with proper identification, the person must send or \nprovide to the consumer a copy of a report and a copy of the consumers rights as \nprescribed by the Bureau under section 1681g(c)(3) 1 of this title.\n(C)ScopeSubparagraph (B) shall apply to a person procuring a consumer report on \na consumer in connection with the consumers application for employment only if\n(i)\nthe consumer is applying for a position over which the Secretary of Transportation has the \npower to establish qualifications and maximum hours of service pursuant to the provisions \nof section 31502 of title 49, or a position subject to safety regulation by \na State transportation agency; and\n(ii)\nas of the time at which the person procures the report or causes the report to be procured \nthe only interaction between the consumer and the person in connection with that \nemployment application has been by mail, telephone, computer, or other similar means.\n(4)EXCEPTION FOR NATIONAL SECURITY INVESTIGATIONS\n(A)In generalIn the case of an agency or department of the United States Government \nwhich seeks to obtain and use a consumer report for employment purposes, paragraph (3) \n[Type the company name]\n6\nshall not apply to any adverse action by such agency or department which is based in part \non such consumer report, if the head of such agency or department makes a written \nfinding that\n(i)\nthe consumer report is relevant to a national security investigation of such agency or \ndepartment;\n(ii)\nthe investigation is within the jurisdiction of such agency or department;\n(iii)there is reason to believe that compliance with paragraph (3) will\n(I)\nendanger the life or physical safety of any person;\n(II)\nresult in flight from prosecution;\n(III)\nresult in the destruction of, or tampering with, evidence relevant to the investigation;\n(IV)\nresult in the intimidation of a potential witness relevant to the investigation;\n(V)\nresult in the compromise of classified information; or\n(VI)\notherwise seriously jeopardize or unduly delay the investigation or another official \nproceeding.\n(B)Notification of consumer upon conclusion of investigationUpon the conclusion of \na national security investigation described in subparagraph (A), or upon the determination \nthat the exception under subparagraph (A) is no longer required for the reasons set forth \nin such subparagraph, the official exercising the authority in such subparagraph shall \nprovide to the consumer who is the subject of the consumer report with regard to which \nsuch finding was made\n(i)\na copy of such consumer report with any classified information redacted as necessary;\n(ii)\nnotice of any adverse action which is based, in part, on the consumer report; and\n(iii)\nthe identification with reasonable specificity of the nature of the investigation for which \nthe consumer report was sought.\n(C)Delegation by head of agency or department\nFor purposes of subparagraphs (A) and (B), the head of any agency or department of the \nUnited States Government may delegate his or her authorities under this paragraph to an \nofficial of such agency or department who has personnel security responsibilities and is a \nmember of the Senior Executive Service or equivalent civilian or military rank.\n(D)DefinitionsFor purposes of this paragraph, the following definitions shall apply:\n(i)Classified information\nThe term classified information means information that is protected from unauthorized \ndisclosure under Executive Order No. 12958 or successor orders.\n(ii)National security investigation\nThe term national security investigation means any official inquiry by an agency or \ndepartment of the United States Government to determine the eligibility of a consumer to \n7\nreceive access or continued access to classified information or to determine \nwhether classified information has been lost or compromised.\n(c)FURNISHING REPORTS IN CONNECTION WITH CREDIT OR INSURANCE TRANSACTIONS THAT ARE \nNOT INITIATED BY CONSUMER\n(1)IN GENERALA consumer reporting agency may furnish a consumer report relating to \nany consumer pursuant to subparagraph (A) or (C) of subsection (a)(3) in connection with \nany credit or insurance transaction that is not initiated by the consumer only if\n(A)\nthe consumer authorizes the agency to provide such report to such person; or\n(B)\n(i)\nthe transaction consists of a firm offer of credit or insurance;\n(ii)\nthe consumer reporting agency has complied with subsection (e);\n(iii)\nthere is not in effect an election by the consumer, made in accordance with subsection (e), \nto have the consumers name and address excluded from lists of names provided by the \nagency pursuant to this paragraph; and\n(iv)\nthe consumer report does not contain a date of birth that shows that the consumer has \nnot attained the age of 21, or, if the date of birth on the consumer report shows that \nthe consumer has not attained the age of 21, such consumer consents to the consumer \nreporting agency to such furnishing.\n(2)LIMITS ON INFORMATION RECEIVED UNDER PARAGRAPH (1)(B)A person may receive \npursuant to paragraph (1)(B) only\n(A)\nthe name and address of a consumer;\n(B)\nan identifier that is not unique to the consumer and that is used by the person solely for \nthe purpose of verifying the identity of the consumer; and\n(C)\nother information pertaining to a consumer that does not identify the relationship or \nexperience of the consumer with respect to a particular creditor or other entity.\n(3)INFORMATION REGARDING INQUIRIES\nExcept as provided in section 1681g(a)(5) of this title, a consumer reporting agency shall \nnot furnish to any person a record of inquiries in connection with a credit or insurance \ntransaction that is not initiated by a consumer.\n(d)RESERVED\n(e)ELECTION OF CONSUMER TO BE EXCLUDED FROM LISTS\n(1)IN GENERAL\nA consumer may elect to have the consumers name and address excluded from any list \nprovided by a consumer reporting agency under subsection (c)(1)(B) in connection with \na credit or insurance transaction that is not initiated by the consumer, by notifying the \nagency in accordance with paragraph (2) that the consumer does not consent to any use \nof a consumer report relating to the consumer in connection with any credit or insurance \ntransaction that is not initiated by the consumer.\n(2)MANNER OF NOTIFICATIONA consumer shall notify a consumer reporting agency under \nparagraph (1)\n[Type the company name]\n8\n(A)\nthrough the notification system maintained by the agency under paragraph (5); or\n(B)\nby submitting to the agency a signed notice of election form issued by the agency for \npurposes of this subparagraph.\n(3)RESPONSE OF AGENCY AFTER NOTIFICATION THROUGH SYSTEMUpon receipt of notification of \nthe election of a consumer under paragraph (1) through the notification system \nmaintained by the agency under paragraph (5), a consumer reporting agency shall\n(A)\ninform the consumer that the election is effective only for the 5-year period following the \nelection if the consumer does not submit to the agency a signed notice of election form \nissued by the agency for purposes of paragraph (2)(B); and\n(B)\nprovide to the consumer a notice of election form, if requested by the consumer, not later \nthan 5 business days after receipt of the notification of the election through the system \nestablished under paragraph (5), in the case of a request made at the time \nthe consumer provides notification through the system.\n(4)EFFECTIVENESS OF ELECTIONAn election of a consumer under paragraph (1)\n(A)\nshall be effective with respect to a consumer reporting agency beginning 5 business days \nafter the date on which the consumer notifies the agency in accordance with paragraph \n(2);\n(B)shall be effective with respect to a consumer reporting agency\n(i)\nsubject to subparagraph (C), during the 5-year period beginning 5 business days after the \ndate on which the consumer notifies the agency of the election, in the case of an election \nfor which a consumer notifies the agency only in accordance with paragraph (2)(A); or\n(ii)\nuntil the consumer notifies the agency under subparagraph (C), in the case of an election \nfor which a consumer notifies the agency in accordance with paragraph (2)(B);\n(C)\nshall not be effective after the date on which the consumer notifies the agency, through \nthe notification system established by the agency under paragraph (5), that the election is \nno longer effective; and\n(D)\nshall be effective with respect to each affiliate of the agency.\n(5)NOTIFICATION SYSTEM\n(A)In generalEach consumer reporting agency that, under subsection (c)(1)(B), \nfurnishes a consumer report in connection with a credit or insurance transaction that is not \ninitiated by a consumer, shall\n(i)\nestablish and maintain a notification system, including a toll-free telephone number, which \npermits any consumer whose consumer report is maintained by the agency to notify the \nagency, with appropriate identification, of the consumers election to have the consumers \nname and address excluded from any such list of names and addresses provided by the \nagency for such a transaction; and\n(ii)publish by not later than 365 days after September 30, 1996, and not less than \nannually thereafter, in a publication of general circulation in the area served by the \nagency\n9\n(I)\na notification that information in consumer files maintained by the agency may be used in \nconnection with such transactions; and\n(II)\nthe address and toll-free telephone number for consumers to use to notify the agency of \nthe consumers election under clause (i).\n(B)Establishment and maintenance as compliance\nEstablishment and maintenance of a notification system (including a toll-free telephone \nnumber) and publication by a consumer reporting agency on the agencys own behalf and \non behalf of any of its affiliates in accordance with this paragraph is deemed to be \ncompliance with this paragraph by each of those affiliates.\n(6)NOTIFICATION SYSTEM BY AGENCIES THAT OPERATE NATIONWIDE\nEach consumer reporting agency that compiles and maintains files on consumers on a \nnationwide basis shall establish and maintain a notification system for purposes of \nparagraph (5) jointly with other such consumer reporting agencies.\n(f)CERTAIN USE OR OBTAINING OF INFORMATION PROHIBITEDA person shall not use or obtain \na consumer report for any purpose unless\n(1)\nthe consumer report is obtained for a purpose for which the consumer report is authorized \nto be furnished under this section; and\n(2)\nthe purpose is certified in accordance with section 1681e of this title by a prospective user \nof the report through a general or specific certification.\n(g)PROTECTION OF MEDICAL INFORMATION\n(1)LIMITATION ON CONSUMER REPORTING AGENCIESA consumer reporting agency shall not \nfurnish for employment purposes, or in connection with a credit or insurance transaction, \na consumer report that contains medical information (other than medical contact \ninformation treated in the manner required under section 1681c(a)(6) of this title) about \na consumer, unless\n(A)\nif furnished in connection with an insurance transaction, the consumer affirmatively \nconsents to the furnishing of the report;\n(B)if furnished for employment purposes or in connection with a credit transaction\n(i)\nthe information to be furnished is relevant to process or effect the employment \nor credit transaction; and\n(ii)\nthe consumer provides specific written consent for the furnishing of the report that \ndescribes in clear and conspicuous language the use for which the information will be \nfurnished; or\n(C)\nthe information to be furnished pertains solely to transactions, accounts, or balances \nrelating to debts arising from the receipt of medical services, products, or devises, where \nsuch information, other than account status or amounts, is restricted or reported using \ncodes that do not identify, or do not provide information sufficient to infer, the specific \nprovider or the nature of such services, products, or devices, as provided in section \n1681c(a)(6) of this title.\n(2)LIMITATION ON CREDITORS\n[Type the company name]\n10\nExcept as permitted pursuant to paragraph (3)(C) or regulations prescribed under \nparagraph (5)(A), a creditor shall not obtain or use medical information (other than \nmedical information treated in the manner required under section 1681c(a)(6) of this title) \npertaining to a consumer in connection with any determination of the consumers \neligibility, or continued eligibility, for credit.\n(3)ACTIONS AUTHORIZED BY FEDERAL LAW, INSURANCE ACTIVITIES AND REGULATORY \nDETERMINATIONSSection 1681a(d)(3) of this title shall not be construed so as to treat \ninformation or any communication of information as a consumer report if the information \nor communication is disclosed\n(A)\nin connection with the business of insurance or annuities, including the activities described \nin section 18B of the model Privacy of Consumer Financial and Health Information \nRegulation issued by the National Association of Insurance Commissioners (as in effect \non January 1, 2003);\n(B)\nfor any purpose permitted without authorization under the Standards for Individually \nIdentifiable Health Information promulgated by the Department of Health and Human \nServices pursuant to the Health Insurance Portability and Accountability Act of 1996, or \nreferred to under section 1179 of such Act,1 or described in section 6802(e) of this title; or\n(C)\nas otherwise determined to be necessary and appropriate, by regulation or order, by \nthe Bureau or the applicable State insurance authority (with respect to \nany person engaged in providing insurance or annuities).\n(4)LIMITATION ON REDISCLOSURE OF MEDICAL INFORMATION\nAny person that receives medical information pursuant to paragraph (1) or (3) shall not \ndisclose such information to any other person, except as necessary to carry out the \npurpose for which the information was initially disclosed, or as otherwise permitted by \nstatute, regulation, or order.\n(5)REGULATIONS AND EFFECTIVE DATE FOR PARAGRAPH (2)\n(A) [2] Regulations required\nThe Bureau may, after notice and opportunity for comment, prescribe regulations that \npermit transactions under paragraph (2) that are determined to be necessary and \nappropriate to protect legitimate operational, transactional, risk, consumer, and other \nneeds (and which shall include permitting actions necessary for administrative verification \npurposes), consistent with the intent of paragraph (2) to restrict the use of medical \ninformation for inappropriate purposes.\n(6)COORDINATION WITH OTHER LAWS\nNo provision of this subsection shall be construed as altering, affecting, or superseding the \napplicability of any other provision of Federal law relating to medical confidentiality.\n(Pub. L. 90321, title VI, 604, as added Pub. L. 91508, title VI, 601, Oct. 26, \n1970, 84 Stat. 1129; amended Pub. L. 10173, title IX, 964(c), Aug. 9, 1989, 103 Stat. \n506; Pub. L. 104193, title III, 352, Aug. 22, 1996, 110 Stat. 2240; Pub. L. 104208, \ndiv. A, title II, 2403, 2404(a), (b), 2405, Sept. 30, 1996, 110 Stat. 3009430, 3009\n431, 3009433, 3009434; Pub. L. 105107, title III, 311(a), Nov. 20, 1997, 111 Stat. \n2255; Pub. L. 105347, 2, 3, 6(4), Nov. 2, 1998, 112 Stat. 3208, 3210, 3211; Pub. L. \n107306, title VIII, 811(b)(8)(A), Nov. 27, 2002, 116 Stat. 2426; Pub. L. 108159, title \nII, 213(c), title IV, 411(a), 412(f), title VIII, 811(b), Dec. 4, 2003, 117 Stat. 1979, \n1999, 2003, 2011; Pub. L. 108177, title III, 361(j), Dec. 13, 2003, 117 Stat. \n2625; Pub. L. 109351, title VII, 719, Oct. 13, 2006, 120 Stat. 1998; Pub. L. 110161, \n11\ndiv. D, title VII, 743, Dec. 26, 2007, 121 Stat. 2033; Pub. L. 11124, title III, 302, May \n22, 2009, 123 Stat. 1748; Pub. L. 111203, title X, 1088(a)(2)(A), (4), July 21, \n2010, 124 Stat. 2087; Pub. L. 11494, div. G, title LXXX, 80001, Dec. 4, 2015, 129 Stat. \n1792; Pub. L. 116283, div. F, title LXIII, 6308(b), Jan. 1, 2021, 134 Stat. 4594.)\n17 CFR  248.7 - Form of opt out notice to consumers; opt out methods.\n 248.7 Form of opt out notice to consumers; opt out methods.\n(a)\n(1) Form of opt out notice. If you are required to provide an opt out notice under  248.10(a), \nyou must provide a clear and conspicuous notice to each of your consumers that accurately \nexplains the right to opt out under that section. The notice must state:\n(i) That you disclose or reserve the right to disclose nonpublic personal information about \nyour consumer to a nonaffiliated third party;\n(ii) That the consumer has the right to opt out of that disclosure; and\n(iii) A reasonable means by which the consumer may exercise the opt out right.\n(2) Examples -\n(i) Adequate opt out notice. You provide adequate notice that the consumer can opt out of \nthe disclosure of nonpublic personal information to a nonaffiliated third party if you:\n(A) Identify all of the categories of nonpublic personal information that you disclose or \nreserve the right to disclose, and all of the categories of nonaffiliated third parties to \nwhich you disclose the information, as described in  248.6(a)(2) and (3) and state that the \nconsumer can opt out of the disclosure of that information; and\n(B) Identify the financial products or services that the consumer obtains from you, either \nsingly or jointly, to which the opt out direction would apply.\n(ii) Reasonable opt out means. You provide a reasonable means to exercise an opt out right \nif you:\n(A) Designate check-off boxes in a prominent position on the relevant forms with the opt \nout notice;\n(B) Include a reply form together with the opt out notice;\n(C) Provide an electronic means to opt out, such as a form that can be sent via electronic \nmail or a process at your web site, if the consumer agrees to the electronic delivery of \ninformation; or\n(D) Provide a toll-free telephone number that consumers may call to opt out.\n(iii) Unreasonable opt out means. You do not provide a reasonable means of opting out if:\n[Type the company name]\n12\n(A","date_sent_to_company":"2022-12-13T09:07:39.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"283XX","tags":null,"has_narrative":true,"complaint_id":"6317176","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2022-12-13T09:07:27.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["(ii)National security investigation\nThe term national security investigation means any official inquiry by an agency or \ndepartment of the United States Government to determine the eligibility of a consumer to \n7\nreceive <em>access</em> or continued <em>access</em> to classified information or to determine \nwhether classified information has been lost or compromised."]},"sort":[3.6738517,"6317176"]},{"_index":"complaint-public-v1","_id":"8184158","_score":3.6281333,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"COUNTY OF XXXX XXXX XXXX LATE PAYMENTS Balance details Paid off - Balance {$140.00} Balance updated XX/XX/XXXX Original balance - Account info Account number XXXX Open/closed Open Date opened XX/XX/XXXX Account type Child Support County of XXXX XXXX Child support has been reporting on my credit report ive sent documentation asking for proof that this account is mine i have filed a identity theft with the FTC since I have no knowledge of this account also I do not have a contract with this company they are in violation of18 U.S. Code 1028A - Aggravated identity theft U.S. Code Notes prev | next ( a ) Offenses.\n\n( 1 ) In general.\n\nWhoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. \n( XXXX ) XXXX offense. \nWhoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.\n\n( b ) Consecutive Sentence.Notwithstanding any other provision of law ( 1 ) a court shall not place on probation any person convicted of a violation of this section ; ( 2 ) except as provided in paragraph ( 4 ), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used ; ( 3 ) in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and ( 4 ) a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28.\n\n( c ) Definition.For purposes of this section, the term felony violation enumerated in subsection ( c ) means any offense that is a felony violation of ( 1 ) section 641 ( relating to theft of public money, property, or rewards [ 1 ] ), section 656 ( relating to theft, embezzlement, or misapplication by bank officer or employee ), or section 664 ( relating to theft from employee benefit plans ) ; ( 2 ) section 911 ( relating to false personation of citizenship ) ; ( 3 ) section 922 ( a ) ( 6 ) ( relating to false statements in connection with the acquisition of a firearm ) ; ( 4 ) any provision contained in this chapter ( relating to fraud and false statements ), other than this section or section 1028 ( a ) ( 7 ) ; ( 5 ) any provision contained in chapter 63 ( relating to mail, bank, and wire fraud ) ; ( 6 ) any provision contained in chapter 69 ( relating to nationality and citizenship ) ; ( 7 ) any provision contained in chapter 75 ( relating to passports and visas ) ; ( 8 ) section 523 of the Gramm-Leach-Bliley Act ( 15 U.S.C. 6823 ) ( relating to obtaining customer information by false pretenses ) ; ( 9 ) section 243 or 266 of the Immigration and Nationality Act ( 8 U.S.C. 1253 and 1306 ) ( relating to willfully failing to leave the United States after deportation and creating a counterfeit alien registration card ) ; ( 10 ) any provision contained in chapter 8 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1321 et seq. ) ( relating to various immigration offenses ); or ( 11 ) section 208, 811, 1107 ( b ), 1128B ( a ), or 1632 of the Social Security Act ( 42 U.S.C. 408, 1011, 1307 ( b ), 1320a7b ( a ), and 1383a ) ( relating to false statements relating to programs under the Act ). \nAlong with XXXX XXXX XXXX and Equifax i never gave consent to furnish my report 5 usc 1681 permissible use -never gave permission to furnish my credit report 1666b Timing of payments - Can not report a late payment on a open end Credit Account Section 602 States I have the right to privacy 15 usc 6802 obligations with respect to disclosure of personal information ) 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.\n\n15 usc 6803 Disclosure of institution privacy -At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title 15 U.S. Code 6801 - Protection of nonpublic personal information * U.S. Code * Notes prev |next ( a ) Privacy obligation policy It is the policy of theCongressthat eachfinancial institutionhas an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customersnonpublic personal information.\n\n( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described insection 6805 ( a ) of this title, other than the Bureau ofConsumerFinancial Protection, shall establish appropriate standards for thefinancial institutionssubject to their jurisdiction relating to administrative, technical, and physical safeguards ( 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 inconvenience to any customer.\n\n15 U.S. Code 6804 - Rulemaking * U.S. Code * Notes prev|next ( a ) Regulatory authority ( 1 ) Rulemaking ( A ) In general Except as provided in subparagraph ( C ), the Bureau ofConsumerFinancial Protection and theSecurities and Exchange Commissionshall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect tofinancial institutionsand other persons subject to their respective jurisdiction undersection 6805 of this title ( and notwithstanding subtitle B of theConsumer Financial Protection Act of 2010 [ 12 U.S.C. 5511et seq. ] ), except that the Bureau ofConsumerFinancial Protection shall not have authority to prescribe regulations with respect to the standards undersection 6801 of this title.\n\n( B ) CFTC TheCommodity Futures Trading Commissionshall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect tofinancial institutionsand other persons subject to the jurisdiction of theCommodity Futures Trading Commissionundersection 7b2 of title 7.\n\n( C ) Federal Trade Commissionauthority Notwithstanding the authority of the Bureau ofConsumerFinancial Protection under subparagraph ( A ), theFederal Trade Commissionshall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to anyfinancial institutionthat is a person described in section 1029 ( a ) of theConsumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ].\n\n( D ) Rule of construction Nothing in this paragraph shall be construed to alter, affect, or otherwise limit the authority of aState insurance authorityto adopt regulations to carry out this subchapter.\n\n( 2 ) Coordination, consistency, and comparability Each of the agencies authorized under paragraph ( 1 ) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with [ 1 ] representatives of State insurance authorities designated by the National Association of Insurance Commissioners, for the purpose of assuring, to the extent possible, that the regulations prescribed by each such agency are consistent and comparable with the regulations prescribed by the other such agencies.\n\n( 3 ) Procedures and deadline Such regulations shall be prescribed in accordance with applicable requirements of title 5.\n\n( b ) Authority to grant exceptions The regulations prescribed under subsection ( a ) may include such additional exceptions to subsections ( a ) through ( d ) ofsection 6802 of this titleas are deemed consistent with the purposes of this subchapter.\n\n15 U.S. Code 6805 - Enforcement * U.S. Code * Notes prev|next ( a ) In general Subject to subtitle B of theConsumer Financial Protection Act of 2010 [ 12 U.S.C. 5511et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau ofConsumerFinancial Protection, theFederal functional regulators, the State insurance authorities, and theFederal Trade Commissionwith respect tofinancial institutionsand other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Undersection 1818 of title 12, by the appropriateFederal banking agency, as defined insection 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of theFederal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of theFederal Reserve Act [ 12 U.S.C. 601et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries oraffiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by theFederal Deposit Insurance Corporation ( other than members of theFederal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by theFederal Deposit Insurance Corporation, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ).\n\n( 2 ) Under theFederal Credit Union Act [ 12 U.S.C. 1751et seq. ], by the Board of theNational Credit Union Administrationwith respect to any federally insured credit union, and any subsidiaries of such an entity.\n\n( 3 ) Under theSecurities Exchange Act of 1934 [ 15 U.S.C. 78aet seq. ], by theSecurities and Exchange Commissionwith respect to any broker or dealer.\n\n( 4 ) Under theInvestment Company Act of 1940 [ 15 U.S.C. 80a1et seq. ], by theSecurities and Exchange Commissionwith respect to investment companies.\n\n( 5 ) Under theInvestment Advisers Act of 1940 [ 15 U.S.C. 80b1et seq. ], by theSecurities and Exchange Commissionwith respect to investment advisers registered with the Commission under such Act.\n\n( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicableState insurance authorityof the State in which the person is domiciled, subject tosection 6701 of this title.\n\n( 7 ) Under theFederal Trade Commission Act [ 15 U.S.C. 41et seq. ], by theFederal Trade Commissionfor any otherfinancial institutionor other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection.\n\n( 8 ) Under subtitle E of theConsumer Financial Protection Act of 2010 [ 12 U.S.C. 5561et seq. ], by the Bureau ofConsumerFinancial Protection, in the case of anyfinancial institutionand other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards undersection 6801 of this title.\n\n( b ) Enforcement of section 6801 ( 1 ) In general Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau ofConsumerFinancial Protection, shall implement the standards prescribed undersection 6801 ( b ) of this titlein the same manner, to the extent practicable, as standards prescribed pursuant tosection 1831p1 ( a ) of title 12are implemented pursuant to such section.\n\n( 2 ) Exception The agencies and authorities described in paragraphs ( 3 ), ( 4 ), ( 5 ), ( 6 ), and ( 7 ) of subsection ( a ) shall implement the standards prescribed undersection 6801 ( b ) of this titleby rule with respect to thefinancial institutionsand other persons subject to their respective jurisdictions under subsection ( a ).\n\n( c ) Absence of State action If aState insurance authorityfails to adopt regulations to carry out this subchapter, such State shall not be eligible to override, pursuant tosection 1831x ( g ) ( 2 ) ( B ) ( iii ) of title 12, the insurance customer protection regulations prescribed by aFederal banking agencyundersection 1831x ( a ) of title 12.\n\n( d ) Definitions The terms used in subsection ( a ) ( 1 ) that are not defined in this subchapter or otherwise defined insection 1813 ( s ) of title 12shall have the same meaning as given insection 3101 of title 12.\n\n15 U.S. Code 6806 - Relation to other provisions * U.S. Code * Notes prev|next Except for the amendments made by subsections ( a ) and ( b ), nothing in this chapter shall be construed to modify, limit, or supersede the operation of theFair Credit Reporting Act [ 15 U.S.C. 1681et seq. ], and no inference shall be drawn on the basis of the provisions of this chapter regarding whether information is transaction or experience information under section 603 of such Act [ 15 U.S.C. 1681a ].\n\nI have a right to privacy and Per the Privacy Act of 1974 as a federally protected consumer I am now revoking any and all authorization I the consumer may have given you written, non written, verbal, and nonverbal per 5 U.S. Code 552a. Per the FCRA as a federally protected consumer I am now opting out of any and all authorization I the consumer may have given you written, non written, verbal, and non verbal per 15 USC 6802. I shall also point out their responsibility pursuant 15 U.S. Code section 1681s-2 ( a ) ( 1 ) ( B ) ( ii ) : ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION 1 ) PROHIBITION ( 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.\n\n313.7 Form of opt out notice to consumers ; opt out methods.\n\n( 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.\n\n( 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.\n\n( 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.\n\n( 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.\n\n( 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.\n\n( 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.\n\n( 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.\n\n( d ) Joint relationships.\n\n( 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 ).\n\n( 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.\n\n( 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.\n\n( 4 ) You may not require all joint consumers to opt out before you implement any opt out direction. \n( 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. \n( 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. \n( 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. \n( 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. \n( f ) XXXX right to opt out. A consumer XXXX exercise the right to opt out at any time. \n( g ) Duration of consumer 's opt out direction. \n( XXXX ) 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. \n( XXXX ) 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. \n( h ) Delivery. When you are required to deliver an opt out notice by this section, you must deliver it according to 313.9.\n\n( 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. \n[ XXXX XXXX XXXX, XX/XX/XXXX, as amended at XXXX XXXX XXXX, XXXX XXXX, XXXX ] XXXX Revised privacy notices. \n( a ) General rule. Except as otherwise authorized in this part, you must not, directly or through any affiliate, disclose any nonpublic personal information about a consumer to a nonaffiliated third party other than as described in the initial notice that you provided to that consumer under XXXX, unless : ( XXXX ) You have provided to the consumer a clear and conspicuous revised notice that accurately describes your policies and practices ; ( XXXX ) You have provided to the consumer a new opt out notice ; ( XXXX ) You have given the consumer a reasonable opportunity, before you disclose the information to the nonaffiliated third party, to opt out of the disclosure; and ( XXXX ) the consumer does not opt out. \n( b ) Examples ( XXXX ) Except as otherwise permitted by XXXX, XXXX, and XXXX, you must provide a revised notice before you : ( i ) Disclose a new category of nonpublic personal information to any nonaffiliated third party ; ( ii ) Disclose nonpublic personal information to a new category of nonaffiliated third party; or ( iii ) Disclose nonpublic personal information about a former customer to a nonaffiliated third party if that former customer has not had the opportunity to exercise an opt out right regarding that disclosure. \n( XXXX ) A revised notice is not required if you disclose nonpublic personal information to a new nonaffiliated third party that you adequately described in your prior notice. \n( c ) XXXX. When you are required to deliver a revised privacy notice by this section, you must deliver it according to XXXX.","date_sent_to_company":"2024-01-19T22:25:50.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"91356","tags":null,"has_narrative":true,"complaint_id":"8184158","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-01-19T22:25:45.000Z","state":"CA","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Along with XXXX XXXX XXXX and <em>Equifax</em> i never gave consent to furnish my report 5 usc 1681 permissible use -never gave permission to furnish my credit report 1666b Timing of payments - Can not report a late payment on a open end Credit Account Section 602 States I <em>have</em> the right to privacy 15 usc 6802 obligations with respect to disclosure of personal information ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate"],"company":["<em>EQUIFAX</em>, INC."]},"sort":[3.6281333,"8184158"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":10,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":10}]}},"product":{"doc_count":10,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting or other personal consumer reports","doc_count":7,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":7}]}},{"key":"Credit reporting, credit repair services, or other personal consumer reports","doc_count":3,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":3}]}}]}},"issue":{"doc_count":10,"issue":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Improper use of your report","doc_count":6,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Reporting company used your report improperly","doc_count":6}]}},{"key":"Incorrect information on your report","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Public record information inaccurate","doc_count":1}]}},{"key":"Problem with a company's investigation into an existing problem","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Their investigation did not fix an error on your report","doc_count":1}]}},{"key":"Problem with fraud alerts or security freezes","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[]}},{"key":"Unable to get your credit report or credit score","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Other problem getting your report or credit score","doc_count":1}]}}]}},"timely":{"doc_count":10,"timely":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Yes","doc_count":10}]}},"company_response":{"doc_count":10,"company_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Closed with explanation","doc_count":5},{"key":"Closed with non-monetary relief","doc_count":5}]}},"submitted_via":{"doc_count":10,"submitted_via":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Web","doc_count":10}]}},"company":{"doc_count":10,"company":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"EQUIFAX, INC.","doc_count":9},{"key":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","doc_count":1}]}},"state":{"doc_count":10,"state":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"NC","doc_count":2},{"key":"TX","doc_count":2},{"key":"CA","doc_count":1},{"key":"FL","doc_count":1},{"key":"HI","doc_count":1},{"key":"IL","doc_count":1},{"key":"OH","doc_count":1},{"key":"VA","doc_count":1}]}},"company_public_response":{"doc_count":10,"company_public_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","doc_count":1}]}},"tags":{"doc_count":10,"tags":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[]}}},"_meta":{"license":"CC0","last_updated":"2026-07-14T12:00:00-05:00","last_indexed":"2026-07-14T12:00:00-05:00","total_record_count":16441818,"is_data_stale":false,"has_data_issue":false,"break_points":{}}}