{"took":378,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":28,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"3596756","_score":13.550518,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I file a complaint to against XXXX, Experian and XXXX   individual and on behalf of all others similarly situated. \n\nJurisdiction and legal standard The federal Gramm-Leach-Bliley Act of 1999 created a new opportunity for our to limit the transfer of your personal financial information. \n\nFederal law gives me and us the right to report credit. The Credit Bureau does not allow reporting of any inaccurate, incomplete, outdated or unverifiable content, and not allow us to dispute errors from three credit reporting company website. After go to Experian or XXXX   website, after click dispute icon but nothing happened after waited 20 minutes. ( EXBBIT # A Website of XXXX, Experian, XXXX  ) These three credit reporting companies contain errors, incorrect outdated, overdue payments, foreclosures, repossession, collection actions, charge-offs or judgments on me account, and even incorrectly classify the error report into my bank, Because so many businesses use three credit report to make decisions about our creditworthiness, its important that my or our credit report is accurate, updated, complete without any errors, false statement and fraud documents. \nFor example : I received a letter from XXXX XXXX on XX/XX/XXXX. This is the second time the bank has refused to accept my loan based on a XXXX  false statement. \nXXXX  's false allegations are as follows : 1. Garnishment, attachment, foreclosure, repossession, collection action, charge off, or judgment. \nMy answer : I paid the property tax of {$12000.00} per year on time, no serious delinquency, no foreclosure, no repossession or no collection action or no judgment, no garnishment or no attachment pursuant to federal stratus Fraudulent misrepresentation process crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information. Under 18 USC Section 1001, it is a felony to make a false statement to an agent or agency of the federal government in connection with a federal matter. \n\n2. Serious delinquency My answer is : The definition of serious delinquency would be a late payment. I set up auto payment and paid on time. There is no serious delinquency. Under 18 USC Section 1001,  it is a felony to make a false statement to an agent or agency of the federal government in connection with a federal matter. Only XXXX account, I did not receive anything billing statement after I dispute to XXXX 's dispute department in XXXX pursuant to North Carolina time limitation for debt only three years therefore, charge off is inaccurate. \n\n3. Defaulted student loans XXXX, Experian and XXXX  threaten and harm XXXX XXXX borrowers. \nAnd also education department or XXXX XXXX XXXX XXXX DID NOT release students loan information to XXXX  or other Experian and XXXX. \n\nI have reason to believe that three credit reporting companies illegally hacked and invaded government systems to obtain data. Pursuant to The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to one of twelve statutory exceptions. Three credit reporting companies hacks and invades data from government systems to get data to threat and harm consumers. \n\n4. Proportion of loan balance to loan amounts is too high. \nMy answer is : Pursuant to the Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to one of  twelve statutory exceptions. Pursuant to Computer Fraud and Abuse Act, Penalties ( Prison Sentence ) Accessing a Computer to Defraud and Obtain Value 5 years ; 10 years maximum for a second conviction. \nAccessing a Computer and Obtaining Information 1-5 years ; 10 years maximum for a second conviction.1-10 years ; 20 years maximum for a second conviction. \nIntentionally Damaging by Knowing Transmission 1-10 years ; 20 years maximum for a second conviction. \n\nHistory of XXXX  fraud In XXXX, XXXX XXXX of XXXX XXXX, Oregon, was awarded {$5.00} XXXX in a successful lawsuit against XXXX. The award was made on the grounds that it took her six years to get XXXX  to remove incorrect information in her credit report. \n\nXXXX filed suit against all three of the US 's largest credit agencies. XXXX  and Experian settled out of court for an undisclosed amount. In Sloan v. Equifax, a jury awarded XXXX {$350000.00}. \n\nIn XX/XX/XXXX, a California jury ruled against XXXX  with a {$60.00} XXXX verdict in the largest Fair Credit Reporting Act ( FCRA ) verdict in history. [ XXXX ] The XXXX XXXX federal court jury awarded {$60.00} XXXX in damages to consumers who were falsely reported on a government list of terrorists and other security threats. The plaintiffs ' team of attorneys at XXXX XXXX XXXX, XXXX. partnered with another California-based firm in the class action. \n\nBeyond reasonable doubt, those three companies provide information are inaccurate, outdated, misattributed, false statement, fraud representation, damage and destroy all consumers. \n\nFor example in XX/XX/XXXX, XXXX  announced a cyber-security breach, including US Citizens full names, Social Security numbers, birth dates, addresses, and driver license numbers. XXXX  also confirmed at least XXXX consumers ' credit card credentials were taken in the attack. In fact that data leaking is insider who work for XXXX. \n\nEach credit reporting company employs more than 10,000 employees from around the world as customer service. The three companies have no control over these customer service personnel, who can access the customer 's personal data to sell to another dark website to earn huge amounts of money. \n\nConclusion Base on above statement, we don't need to XXXX, Experian and XXXX  to control, damage our finances, reputation, career, and threats, and harms our lives. \n\nFederal law gives our the right to report credit. The Credit Bureau does not allow reporting of any inaccurate, incomplete, outdated or unverifiable content, and not allow us to dispute errors from three credit reporting company website. \n\nThe law attempts to balance our right to privacy Pursuant to The Fourteenth Amendment contains a number of important concepts, most famously state action, privileges & immunities, citizenship, due process, and equal protection. \nObviously, those three major credit report companies ruining our life, is not protect all consumers instead of damaging, destroying, threaten all consumers reputation, characters and careers and invading our financial, social Security, banking account and also that those three credit report put fake statement against all consumers. \n\nAll consumers are under attack. All of us need to protect our privacy, our security number, date of birth, financial information, our credit ... etc. There is no reason to pay these credit reporting companies for incorrect, outdated, incomplete, unverifiable and falsified content to destroy the reputation, character, occupation and financial status of all consumers. Therefore, these three reporting companies should not exist.","date_sent_to_company":"2020-04-07T19:53:34.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"27519","tags":null,"has_narrative":true,"complaint_id":"3596756","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2020-04-07T17:46:03.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Public record information inaccurate"},"highlight":{"complaint_what_happened":["Three credit reporting companies hacks and invades <em>data</em> from government systems to get <em>data</em> to threat and harm consumers. \n\n4. Proportion of <em>loan</em> balance to <em>loan</em> amounts is too high. \nMy answer is : Pursuant to the Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to one of  twelve statutory exceptions."]},"sort":[13.550518,"3596756"]},{"_index":"complaint-public-v1","_id":"3596846","_score":13.534036,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I file a complaint to against TransUnion, XXXX  and XXXX   individual and on behalf of all others similarly situated. \n\nJurisdiction and legal standard The federal Gramm-Leach-Bliley Act of 1999 created a new opportunity for our to limit the transfer of your  personal financial information. \n\nFederal law gives me and us the right to report credit. The Credit Bureau does not allow reporting of any inaccurate, incomplete, outdated or unverifiable content, and not allow us to dispute errors from three credit reporting company website. After go to XXXX  or TransUnion website, after click dispute icon but nothing happened after waited 20 minutes. ( EXBBIT # A Website of TransUnion, XXXX, XXXX  ) These three credit reporting companies contain errors, incorrect outdated, overdue payments, foreclosures, repossession, collection actions, charge-offs or judgments on me account, and even incorrectly classify the error report into my bank, Because so many businesses use three credit report to make decisions about our creditworthiness, its important that my or our credit report is accurate, updated, complete without any errors, false statement and fraud documents. \nFor example : I received a letter from XXXX XXXX on XX/XX/XXXX. This is the second time the bank has refused to accept my loan based on a TransUnion false statement. \nTransUnion 's false allegations are as follows : 1. Garnishment, attachment, foreclosure, repossession, collection action, charge off, or judgment. \nMy answer : I paid the property tax of {$12000.00} per year on time, no serious delinquency, no foreclosure, no repossession or no collection action or no judgment, no garnishment or no attachment pursuant to federal stratus Fraudulent misrepresentation process crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or concealing information. Under 18 USC Section 1001, it is a felony to make a false statement to an agent or agency of the federal government in connection with a federal matter. \n\n2. Serious delinquency My answer is : The definition of serious delinquency would be a late payment. I set up auto payment and paid on time. There is no serious delinquency. Under 18 USC Section 1001,  it is a felony to make a false statement to an agent or agency of the federal government in connection with a federal matter. Only XXXX account, I did not receive anything billing statement after I dispute to XXXX 's dispute department in XXXX pursuant to North Carolina time limitation for debt only three years therefore, charge off is inaccurate. \n\n3. Defaulted student loans TransUnion, XXXX  and XXXX  threaten and harm XXXX XXXX borrowers. \nAnd also education department or XXXX XXXX  XXXX XXXX  DID NOT release students loan information to TransUnion or other XXXX  and XXXX. \n\nI have reason to believe that three credit reporting companies illegally hacked and invaded government systems to obtain data. Pursuant to The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to one of twelve statutory exceptions. Three credit reporting companies hacks and invades data from government systems to get data to threat and harm consumers. \n\n4. Proportion of loan balance to loan amounts is too high. \nMy answer is : Pursuant to the Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to one of twelve statutory exceptions. Pursuant to Computer Fraud and Abuse Act, Penalties ( Prison Sentence ) Accessing a Computer to Defraud and Obtain Value 5 years ; 10 years maximum for a second conviction. \nAccessing a Computer and Obtaining Information 1-5 years ; 10 years maximum for a second conviction.1-10 years ; 20 years maximum for a second conviction. \nIntentionally Damaging by Knowing Transmission 1-10 years ; 20 years maximum for a second conviction. \n\nHistory of TransUnion fraud In XXXX, XXXX XXXX of XXXX XXXX, Oregon, was awarded {$5.00} XXXX in a successful lawsuit against TransUnion. The award was made on the grounds that it took her six years to get TransUnion to remove incorrect information in her credit report. \n\nXXXX filed suit against all three of the US 's largest credit agencies. TransUnion and XXXX  settled out of court for an undisclosed amount. In Sloan v. Equifax, a jury awarded XXXX {$350000.00}. \n\nIn XX/XX/XXXX, a California jury ruled against Transunion with a {$60.00} XXXX verdict in the largest Fair Credit Reporting Act ( FCRA ) verdict in history. [ XXXX ] The XXXX XXXX federal court jury awarded {$60.00} XXXX in damages to consumers who were falsely reported on a government list of terrorists and other security threats. The plaintiffs ' team of attorneys at XXXX XXXX XXXX, XXXX. partnered with another California-based firm in the class action. \n\nBeyond reasonable doubt, those three companies provide information are inaccurate, outdated, misattributed, false statement, fraud representation, damage and destroy all consumers. \n\nFor example in XX/XX/XXXX, XXXX  announced a cyber-security breach, including US Citizens full names, Social Security numbers, birth dates, addresses, and driver license numbers. XXXX  also confirmed at least XXXX consumers ' credit card credentials were taken in the attack. In fact that data leaking is insider who work for XXXX. \n\nEach credit reporting company employs more than 10,000 employees from around the world as customer service. The three companies have no control over these customer service personnel, who can access the customer 's personal data to sell to another dark website to earn huge amounts of money. \n\nConclusion Base on above statement, we don't need to TransUnion, XXXX  and XXXX  to control, damage our finances, reputation, career, and threats, and harms our lives. \n\nFederal law gives our the right to report credit. The Credit Bureau does not allow reporting of any inaccurate, incomplete, outdated or unverifiable content, and not allow us to dispute errors from three credit reporting company website. \n\nThe law attempts to balance our right to privacy Pursuant to The Fourteenth Amendment contains a number of important concepts, most famously state action, privileges & immunities, citizenship, due process, and equal protection. \nObviously, those three major credit report companies ruining our life, is not protect all consumers instead of damaging, destroying, threaten all consumers reputation, characters and careers and invading our financial, social Security, banking account and also that those three credit report put fake statement against all consumers. \n\nAll consumers are under attack. All of us need to protect our privacy, our security number, date of birth, financial information, our credit ... etc. There is no reason to pay these credit reporting companies for incorrect, outdated, incomplete, unverifiable and falsified content to destroy the reputation, character, occupation and financial status of all consumers. Therefore, these three reporting companies should not exist.","date_sent_to_company":"2020-04-07T19:50:46.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"27519","tags":null,"has_narrative":true,"complaint_id":"3596846","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2020-04-07T16:19:25.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Public record information inaccurate"},"highlight":{"complaint_what_happened":["Three credit reporting companies hacks and invades <em>data</em> from government systems to get <em>data</em> to threat and harm consumers. \n\n4. Proportion of <em>loan</em> balance to <em>loan</em> amounts is too high. \nMy answer is : Pursuant to the Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to one of twelve statutory exceptions."]},"sort":[13.534036,"3596846"]},{"_index":"complaint-public-v1","_id":"7329352","_score":12.50836,"_source":{"product":"Debt collection","complaint_what_happened":"Hello, Reference # I attempted to get this fraudulent derogatory item deleted from my credit report, but Zion Debt Holdings XXXX replied with a fraudulent document containing my signature with numerous errors from the spelling of names to the grammatical errors. I'm an intelligent, well educated man possessing fine penmanship and grammar skills. I do not recognize the writing on this single page contract and I surely didn't fill it out, appearing to sign my name one way and printing my last name as another ( XXXX ) and then crossing it out. Also, why would my son appear to sign his name with the correct spelling and then print his own name incorrectly? \n\nCan someone please address these questions? \n\nThis is fraud! \n\nAgain... remove this item from my credit report. \nI don't owe these people anything. \n\nZion Debt Holdings LLC practices the same unethical business ethics as XXXX. I sent you info on Zion, please see info below concerning XXXX. \n\nUpdated Lawsuit : XX/XX/XXXX Vivints sales staff stole peoples personal information to approve others for loans, said XXXX XXXX, Acting Director of the FTCs Bureau of Consumer Protection. For misusing consumer credit reports and other sensitive data, and harming peoples credit, this company will pay {$20.00} XXXX. \n\nAnother Updated Lawsuit : Judgment was rendered on XXXX XXXX as a jury awarded XXXX XXXX more than {$180.00} XXXX in damages in a deceptive sales practice lawsuit against XXXX XXXX XXXX. \n\nOriginally filed in XXXX, the lawsuit went to court early in XXXX accusing XXXX of false and deceptive sales practices on the doorsteps and in the homes of significant numbers of XXXX customers  across the XXXX in an effort to take over their alarm systems. \n\nWhile were thrilled the trial ended in our favor, I want to be clear that this case is not just about XXXX XXXX, XXXX XXXX XXXX and Founder XXXX XXXX said in a statement issued by the company. We believe that for at least 15 years, XXXX has been taking advantage of vulnerable people across the country through deceptive, misleading, and flat-out false practices. I hope todays verdict will stop their deception for good. \n\nThe lawsuit accused the XXXX XXXX of using false or misleading information to acquire CPIs customers and lock them into high-priced, multi-year finance and monitoring contracts with them. \n\nXXXX XXXX XXXX reached out to XXXX XXXX XXXX for comment on the judgment rendered in the lawsuit and received the following reply : We are extremely disappointed with the jurys decision, which we believe is not legally or factually supported. Furthermore, the amount of damages awarded are egregious and completely disconnected from the total economic impact of any activity that XXXX claims to have occurred with respect to this matter. We intend to file an appeal, pursue all legal options available to us and continue to defend ourselves vigorously. \n\nXXXX added, We remain committed to operating with the highest standards of integrity and delivering exceptional service to customers. \n\nXXXX has been under fire from multiple sources recently with XXXX filing their own lawsuit against the company earlier this year for patent infringement against XXXX claiming the companys success has been due to the use of XXXX trade secrets and patented technology. XXXX agreed to a settlement of {$10.00} XXXX in XXXX for similar claims made by XXXX, and The Department of Justice fined XXXX {$3.00} XXXX in XXXX for making false statement to customers. \n\nI just want my hard-earned credit worthiness reinstated! So far they have placed ( 5 ) late payments on my credit report... destroying my credit worthiness!!!","date_sent_to_company":"2023-07-31T21:27:37.000Z","issue":"Took or threatened to take negative or legal action","sub_product":"Other debt","zip_code":"33325","tags":"Older American, Servicemember","has_narrative":true,"complaint_id":"7329352","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Zions Debt Holdings","date_received":"2023-07-31T19:21:00.000Z","state":"FL","company_public_response":"Company believes complaint caused principally by actions of third party outside the control or direction of the company","sub_issue":"Threatened or suggested your credit would be damaged"},"highlight":{"complaint_what_happened":["Updated Lawsuit : XX/XX/XXXX Vivints sales staff stole peoples personal information to approve others for <em>loans</em>, said XXXX XXXX, Acting Director of the FTCs Bureau of Consumer Protection. For misusing consumer credit reports and other sensitive <em>data</em>, and harming peoples credit, this company will pay {$20.00} XXXX."]},"sort":[12.50836,"7329352"]},{"_index":"complaint-public-v1","_id":"7511221","_score":9.535898,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"To : Synchrony Bank ( SYN ) all accounts. I write to you regarding your arbitration agreements, provisions and clauses contained in your cardmember agreements submitted to the CFPB as required by law. Pursuant to paragraph 7 of your Arbitration PROCEDURES, I WANT TO ARBITRATE and NOTIFY you in writing of my election, choice, demand and notice to exclusively resolve our disputes with Arbitration with XXXX  as my choice of Arbitrators. Notice is Given that if you do not file papers with separate case numbers for each of your account Claims with XXXX and pay all fees within 5 business days, I will assume that you have abandoned any Claims so I will file my own consumer Claims for each account with XXXX seeking statutory and punitive damages for negligent and willful violations of the FCRA and FDCPA for {$70000.00} for every account further demanding IN-PERSON Hearings for each account with separate arbitrators. Despite numerous demands, SYN has concealed disclosure and negligently failed to provide me copies of said applicable agreements with arbitration provisions in deliberate violation of law. I again demand a copy of your cardmember agreement for every one of my SYN credit card accounts with account numbers engraved to each agreement. Pursuant to your arbitration agreements, I again ELECT, CHOOSE and DEMAND that you file for Arbitration for your claims and pay 100 % of the appropriate filing fees and arbitrator fees required by XXXX  ( I Elect to choose XXXX  ) or XXXX to have any Claims by either of us resolved exclusively by arbitration. Simply stated : ARBITRATION WITH RESPECT TO A CLAIM IS BINDING AND NEITHER YOU NOR WE WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM THROUGH A COURTALL CLAIMS MUST BE RESOLVED THROUGH ARBITRATION. Your SYN arbitration agreements stated : NEITHER A COURT NOR A JURY WILL RESOLVE ANY SUCH DISPUTE. If you or we make a demand for arbitration, you and we must arbitrate any dispute or claim between youand usArbitration may be requested at any time, even where there is a pending lawsuit, unless trial has begun, or a final judgment entered. any dispute that concerns the validity or enforceability of the Agreement as a whole is for the arbitrator to decide. The party who wants to arbitrate must notify the other party in writing. This arbitration agreement provides that all disputes between me and SYN must be resolved by BINDING ARBITRATION whenever you or we choose to submit or refer a dispute to arbitration. By accepting this arbitration agreement SYN and I GIVE UP YOUR RIGHT TO GO TO COURTAll Claims are subject to arbitration whether they arose in the past, may currently exist, or may arise in the futureAlthough under some laws you may have a right to an award of attorneys fees and expenses if you prevail, you agree that you will not seek such an award under Rules of the XXXX. Moreover, any one of my exhaustive claims for FCRA violations, for which there is no defense, is sufficient standing alone to rule the consumer as the prevailing party to thwart any attempt to be awarded attorney fees. SYN agreed that it will pay any costs that are required to be paid by under the arbitration administrators rules of procedures. SYN also agreed to reimburse me for any initial arbitration filing fees I have paid. SYN also agreed to pay any fees of the arbitrator and arbitration administrator for at least the first two days of any hearing. If I win the arbitration, SYN will reimburse you for any fees I paid to the arbitration organization and/or arbitrator. Since I am unable to afford any fees due to my limited Exempt Social Security benefits, that would be mine to pay to the arbitration administrator, SYN agreed to pay all fees. Multiple arbitration provisions, including Rules of XXXX, require SYN to pay 100 % of all fees waiving recoupment of arbitration fees, attorney fees and other costs. This means that litigation is PROHIBITED and litigation will not be tolerated. More importantly, this means that the cost to arbitrate exceeds your Claims so arbitration has no real purpose except to harass, without even considering my FCRA claims. The agreement implies that if SYN willfully violates it, even after my election, choice and demand for arbitration, by filing prohibited and barred litigation, such as in a state or federal court, then not only will the litigation be void mandating dismissal but appropriate action will be taken to compel arbitration. If any Claim is advanced improperly in a court by SYN, arbitration may be elected under this provision and compelled instead. This means that effectively, due to my election and choice and demand, you must file an arbitration demand with XXXX  ( or XXXX ) and pay all fees so any litigation would be null and void as a mere ministerial filing of a demand with fee payment would NOW effectively be assumed and concluded that the Claim is NOW in Arbitration making litigation barred as a Claim can not be litigated and arbitrated in 2 separate forums when you have agreed to arbitrate as the sole forum. So if you frivolously sue me in a court, after my election today, in violation the your agreement NOT to litigate, the Clause anticipates that I would file a Motion to Compel Binding Forced Private Arbitration with XXXX or XXXX which would AUTOMATICALLY STAY any litigation under Florida Statutes ( FS ) Section 682.03 ( 6 ) which specifically provides that once a motion to compel arbitration has been filed, the court must STAY any judicial proceeding that involves a claim alleged to be subject to Arbitration until the Court renders a final decision on arbitrability of the dispute. Any decision on a Motion to Compel Arbitration is an appealable decision which, if appealed which I would do if denied, would further Automatically STAY the case pending Appeal for at least 12-24 months. See US Supreme Court XXXX XXXX XX/XX/XXXX decision in COINBASE v Bielski . If I am improperly sued in a state court and you do not agree to arbitrate, I would file a Petition in the United States District Court for the Middle District of Florida Orlando Division to Compel Arbitration with XXXX or XXXX. Under the Federal Arbitration Act, a party aggrieved by the alleged failure, negligent or refusal of another to arbitrate under a written agreement for arbitration may petition any U.S. district court for an order directing that such arbitration proceed in the manner provided for in such agreement. I would easily be successful in any expected federal court action if I am improperly sued and you refuse to arbitrate. While I could file for arbitration with the XXXX or XXXX I want to avoid stupid litigation if I pay the initial {$220.00} fee and you litigate in federal court that you should pay the fee costing {$50000.00} in attorney and other fees for no reason other than to harass. So if you want to collect your disputed Claim you must file a Demand For Arbitration Consumer Arbitration Rules with XXXX  or XXXX and pay all fees including those of the Arbitrator which easily will be ultimately over {$25000.00} which will not be recoverable from me including your attorney fees even if you prevail which is impossible due to my Claims against you for multiple statutory FCRA willful violation plus punitive damages far exceeding your dispute Claim. Your arbitration terms of service incorporates by reference the XXXX Rules that expressly delegates arbitrability determinations to an arbitrator and the agreement clearly and unmistakably evidences the parties intent to empower an arbitrator, rather than a court or judge, to resolve questions of arbitrability. See AIRBNB V DOE, Florida Supreme Court # SC20-1167 decided XX/XX/XXXX. Therefore, once an arbitration agreement is presented to a court, the court is powerless to consider arbitrability as such has been delegated to the arbitrator. Due to your arbitration provisions, courts are powerless to act and they are automatically stayed if I move to compel arbitration. Dont waste your money with court filing fees, costs and attorney fees as you will alienate the court and waste resources only to find court actions forced into arbitration with XXXX Or XXXX That is why court actions are automatically stayed to prevent a complete waste of time as arbitration agreements must be enforced. Besides, court decisions are clear that Florida does not have a Small Claims Court, but a mixture of rules so again dont embarrass your attorneys by asking them to frivolously litigate. Nothing in the agreement permits or even discusses the possibility allowing you to file a lawsuit against me in any court. Lets arbitrate!!! File with the XXXX or XXXX  and pay the huge fees. Never expect XXXX fees to be recouped. Never expect a return of attorney fees. I will automatically appeal any decision of a court, state or federal, that does not compel arbitration and provide me relief from frivolous conduct such as Federal Rule 11. If you sue me in state court, you will certainly see a motion To Compel Arbitration, staying it, PLUS a federal court Petition to compel arbitration PLUS a Demand for Arbitration by me with the XXXX requiring you to pay all fees PLUS federal claims for FCRA and FDCPA violations both in federal court and XXXX. By virtue of my election in this document and previous documents, it is indisputable that the Claim and Dispute is already with the XXXX absent a mere ministerial 2 page demand by you with your payment of XXXX fees. So court litigation is completely barred and any such filing will be considered frivolous willful conduct punishable under the FCRA and FDCPA punishable with a dismissal with prejudice of any court claim. If you are stupid and just want to harass me, you should expect years of litigation in multiple state and federal courts, including the US Court of Appeals PLUS no court would enforce any XXXX  award against me due to your conduct including FCRA and FDCPA violations. In SAUNDERS v Branch Banking, 526 F.3d 142 ( 4th Cir. 2008 ), the jury awarded Saunders {$1000.00} in statutory damages and {$80000.00} in punitive damages for FCRA violations for failing to report the ongoing dispute. Using the multiple of 80 upheld, if I am awarded {$10000.00} in statutory damages I expect {$800000.00} in punitive damages applying the 80 multiple. Moreover, the Saunders jury found that the underlying debt was extinguished and uncollectible due to conduct far less than yours. This means that your Disputed Claim must be extinguished due to your FCRA violations PLUS I have huge claims for multiple ongoing statutory and punitive damages. My FCRA violations against you are DEEMED WILLFUL, providing a {$1000.00} statutory damage per violation based on on the CFPBs XX/XX/XXXX Fair Credit Reporting : Facially False Data advisory opinion of Director XXXX XXXX  which stated : A violation is willful when it is inconsistent with authoritive guidance from a relevant agency. Therefore, every FCRA must be considered WILLFUL subjecting you to liability under 15 U.S.C. Section 1681n for willful noncompliance in addition to Section 1681o for negligent noncompliance. Federal courts would have federal question jurisdiction under 28 U.S.C. Section 1331 as they have jurisdiction to enforce liability under 15 U.S.C. Sections 1681p and 1692 ( k ) without regard to the amount in controversy. At a minimum, I can only settle a claim if you agree to absolute confidentiality of settlement PLUS the permanent removal of Claims from every credit reporting agency which will not disclose or imply settlement. Any written settlement must also include general releases of all parties to forever end the possibility of future litigation. While judges, mediators and arbitrators always try hard to force settlement, I am always open at any time to settle a dispute under fair terms based on developments. If you sell a claim to a debt buyer, your liability will not end but it may increase and arbitration will still be required and enforced ending up more complicated with more parties. In summary, the ball is in your court on how you wish to resolve the dispute which may be best taking the tax deduction and walking away without selling the toxic claim. I will not be the first to seek relief but, as listed above, I will aggressively counter any and all efforts to collect your disputed claim in litigation and/or arbitration. Dont waste $ XXXX in your shareholders money for XXXX arbitration fees and your attorney fees to try unsuccessfully to collect {$0.00} owed knowing that I am owed potentially huge statutory and punitive damages. In light of my cease and desist demand which continues forever as I will never withdraw it, I can not communicate with you but I invite you to make a one time permissible exception for you to WRITE me in the CFPB portal about what non-binding exact terms you may consider to resolve all claims. I hope this CFPB complaint will make my position clear about forum resolution options which exclusively require arbitration with the XXXX. If this is not enough, I am a XXXX XXXX XXXX male in poor health with a short time more to live and I am judgment proof as my entire income is from Social Security, exempt from garnishment, and I have no other income or assets and I need treatment abroad and residency abroad. Serving me abroad will not comply with the XXXX and will only result in any attempted service to be return as unserved. I hope this informs you of the situation so you do the right thing. One last thing, saving the most important for last, you run a certain risk of becoming a target for CFPB enforcement actions against violators which could amount to hundreds of millions of dollars in damages. Dont let CFPB Director XXXX XXXX follow through with his public promises to protect consumers from abusive and deceptive financial practices, focus on actors causing harm to take advantage of consumers, holding individual executives accountable, be very quick to lay the hammer down on violators, prosecute violators, name people individually and bar individuals from the industry, and often criminally refer them for prosecution. XXXX XXXX XXXX, who had been instrumental in creating the CFPB says still screwing over consumers-it appears that cheating consumers is simply in [ your ] DNA At best you were incompetent, at worst you were complicit and either way you should be fired. The American people deserve a Congress that worriesabout helping regular people who have been cheated on mortgages, on CREDIT CARDS, on student loans and on CREDIT REPORTS. Our dispute, unless quickly resolved to my satisfaction, will get the attention of XXXX XXXX and Director XXXX if I have to name the CFPB as a party in federal court to enforce its obligations. SYN is not FCRA and XXXX XXXX Compliant and obviously is incapable of complying with its obligations which are a precondition for any credit card Claims you may have. While bankruptcy filings and complex bankruptcy adversary proceedings are highly unlikely due to my Claims against you, I will have no problem in filing a voluntary XXXX XXXX XXXX to wipe out your Claims if at any time it would be in my best interest. The bottom line is only your attorneys will get rich if you try to fight me. You will get {$0.00} with unlimited potential expenses. Mitigate your losses. Abandon your claims.","date_sent_to_company":"2023-09-06T15:00:11.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"32836","tags":"Older American","has_narrative":true,"complaint_id":"7511221","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SYNCHRONY FINANCIAL","date_received":"2023-09-06T14:55:16.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["Any <em>decision</em> on a Motion to Compel Arbitration is an appealable <em>decision</em> which, if appealed which I would do if denied, would further Automatically STAY the case pending Appeal for at least 12-24 months. See US Supreme Court XXXX XXXX XX/XX/XXXX <em>decision</em> in COINBASE v Bielski ."]},"sort":[9.535898,"7511221"]},{"_index":"complaint-public-v1","_id":"8950891","_score":8.716769,"_source":{"product":"Student loan","complaint_what_happened":"I was recently notified of the discharge of my federal loans related to XXXX on XX/XX/XXXX ( attached ), based on findings of gross school misconduct ( attached ), however, the approval seemingly does not cover private loans for the same school and period or make whole the funds paid to the private servicer Navient ( attached ). \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX and all XXXX  schools are now permanently closed as part of XXXX XXXX ongoing litany of accreditation issues and lawsuits, XXXX 's predatory practices and exploitive partnerships with Sallie Mae / Navient and to whom I made all payments from XXXX. The impacts still reverberate and haunt me and my family to this day. My mom XXXX, has delayed retirement for fear of late-life financial harms being that she is the co-signer on ALL of the private loans and has been the payer on as many as were possible over the last 15 years. She carries immense guilt for her trusting the recruiters when we sat down with them in fall XXXX. Their misconducts were known publicly as early as XXXX ( one year after going into repayment ) when uncovered as a result of exhaustive investigations, depositions, and lawsuits and findingd presented in United States Senate HEALTH, EDUCATION, LABOR AND PENSIONS COMMITTEE For Profit Higher Education : The Failure to Safeguard the Federal Investment and Ensure Student Success in XXXX of XXXX. We have to date paid upwards of {$110000.00} on loans that were originally half, if that in the neighborhood of $ XXXX, at the time of borrowing - you can find the payments attached, downloaded directly from Navient 's site on the life of the loans to affirm this fact and .xls spreadsheets that provide greater detail, but XXXX  clarity on the silent killer that is the *capitalized* interest. I have thrown huge sums and even windfalls that would have been circumstance changing at these debts over the years- $ XXXX, $ XXXX, XXXX, XXXX, XXXX and XXXX payments where I could to chop at the interest accruing balance. It's all there in the records attached. \n\nEvidence of all of these acts can be be found in the Senate Committee On Health Education and Labor report on higher education, in the Testimony of XXXX XXXX XXXX. Truly, in reading this report - I was first shocked, then saddened, then angered - because of the time lost, the mental, emotional, and most harmful - financial cost. Worst even, that cost did not just fall on me. As youth hoping to outrun college completion statistics, my family was completely invested in providing the only manner of support they could, which was not liquid cash but more XXXX-pushed loans. 3 generations of my family have poured into XXXX XXXXNavient/Sallie Mae . My grand parents ( grandfather a Korean War veteran and in his latter years a tailor at XXXX XXXX, my grandmother a XXXX XXXX XXXX ), my mother- a XXXX XXXX  who at the time wholly believed in the virtues of higher education and the implied integrity of school staff and officials, and myself- XXXX at the time informed but unaware of the coy and explicit ways in which I was being manipulated into a financial yoke that would haunt me year, after year, after year, after year to follow. That school is now shuttered as listed on their closed school information page - as it should be- though it has taken harm to many people for that to happen. XXXX XXXX XXXX  Much of this was brought to bear primarily due to misrepresentation of cost and transferability of credits and later exacerbated by predatory lending, mismanagement of my account loan accounts, and self-serving allocations of payments made by Sallie Mae and Navient XXXX My original intention when I met with XXXX admissions recruiters in Fall of XXXX was that I would attend my first year or so as a cost-saving measure until I could transfer to my primary choice to which I was accepted w/o financial aid - XXXX XXXX XXXX XXXX XXXX - where my family is from and most resided at the time- but have incurred out of state tuition fees I couldn't afford due to having applied from XXXX  The recruiter harped repeatedly on their lack of out-of-state costs and the savings available and provided many assurances of transferability of credits both into and out of the institution, which I later uncovered to be an outright lie. She made no mention of the ongoing accreditation issues XXXX and XXXX XXXX XXXXXXXX was facing that would make transfer prohibitive if not remedied. This misrepresentation ultimately resulted in an inability to continue due to mounting costs and inability to transfer ( which would have saved me and my family money after establishing 1 year of residency ). Meaning I would have to stay, pay, and attempt to finish despite cost at XXXX XXXX XXXX XXXX XXXX -- XXXX. It eventually became unsustainable. Once into repayment I was constantly hounded despite the school not making good on its job placement promises and artificially inflated placement numbers. Sallie Mae and Navient representatives called me and my mom, and grandparents tirelessly but failed to provide proper information on my options, leading to non-beneficial amounts being paid by all of us, and at other times when it couldn't be paid, putting me and the loans into extremely costly forbearances that I would later learn had capitalized into principle. Insuring more cost and higher interest. Navient is named as an active and willing participant in practices that were found to be profoundly unethical and predatory and their harm was docuemnted in the Navient AG Multi-State Settlement. \n\n\nBELOW ARE A LIST OF DETAILED INTERACTIONS WITH AI AND THE ILLINOIS INSTITUTE OF ART BY PREDATORY TACTIC : Pressured were aggressive and deceptive- recruiter pressured and played on my feelings of failure and stagnation that I had revealed during my initial sit-down- I was consistently pressured to apply for financial aid but never informed that I could decline the acceptance of the awarded aid Misrepresented - cost, employability, completion and job placements- They reiterated these talking points time and again ; first in our sit down chat in the ai admin offices, then again in their printed promotional materials, and again online and in subsequent phone and email communications- Substantially misrepresented true cost ( that while the first year would indeed be slightly less expensive than my other option, tuition would stay the same and even increase in subsequent years, making it categorically far more expensive than my other option ) but they touted post grad job placement which my other option did not - They aggressively pushed federal student loans as an option when I was hesitant and then played on my moms concerns, pushing her into parent plus loans with cost and interest that in her then state of employment were far beyond her means. \n- I was very clear that though I had read the disorganized array of loan materials they shared, I wasnt all the way clear on implications and very earnestly stated I was reliant on their expertise and their stated care for student outcomes - When I said I wanted to circle back so that I could talk with my mom or other trusted sources who had taken loans themselves, I was discouraged and roped into longer and guilty-laden conversation - They also assured me that previous credits earned at XXXX XXXX XXXX XXXX would transfer, which I also reasonably expected because they were basic first year general studies courses- they did not. And of course this incurred more cost- Beyond that the recruiters and student counselors routinely made substantially misleading statements to me with regard to transferability of credits post AI. Since I made it clear that I wanted to attend for my first possibly second year, then transfer to my school of choice. \n- However, after some time and research as that date neared, I found that my credits did not indeed transfer to XXXX and that I had to either lose my credits earned in the prior 18 mos or stay and complete my education at XXXX. The counselor at the time harped heavily on guilt and fear of failure - reminding me of the time I had already lost in my previous transfer from out of state. In hindsight, I felt this was coercive and deliberate to keep me enrolled as evidenced in the attached affidavit and Senate committee report.\n\n- I stayed, however, this resulted in my first of many depressive episodes that precipitated a steep decline in my grades, a sense of hopelessness and loss that at 20 was indescribable and masked by heightened emotions and youth. \n- They also misrepresented data on their post graduation successful placement rate stating it was very high, where later litigation in fact shows total knowledge of these falsehoods and well as encouragement by managers to obfuscate the true numbers in favor of increasing enrollment in a sales type manor. More concerned with admission and enrollment than educational outcome- The school operated both a gallery and a restaurant called XXXX XXXX ( later changed to XXXX )- where they employed programmed students and counted them in their placements and employment stats ( page 4 of the attached doc ) Omitted - true statistics on student rates of completion, as well as, true cost ( that while the first year would indeed be slightly less expensive than my other option, tuition would stay the same and even increase in subsequent years, making it categorically far more expensive than my other option ) but they touted post grad job placement which my other option did not There was never any mention of potential or ongoing accreditation issues at that campus or any of its sister campus and institutions this would have immediately raised a red flag - When XX/XX/XXXX - How it impacted my decision to attend and take out financial aid - The detriment I suffered is that I never completed my education - having to withdraw due to cost and poor performance related to having to work so much to supplement cost and it haunts me to this day, impacts my confidence because Im plagued by XXXX XXXX  I took a series of whatever I could get jobs, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX I quit without safetynet or options. Each taking me further from completing my education and reaching my professional goals.","date_sent_to_company":"2024-05-07T22:59:15.000Z","issue":"Getting a loan","sub_product":"Private student loan","zip_code":"90016","tags":null,"has_narrative":true,"complaint_id":"8950891","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Navient Solutions, LLC.","date_received":"2024-05-07T20:46:02.000Z","state":"CA","company_public_response":null,"sub_issue":"High pressure sales tactics or recruiting"},"highlight":{"complaint_what_happened":["Once into repayment I was constantly hounded despite the school not <em>making</em> good on its job placement promises and artificially inflated placement numbers."],"product":["Student <em>loan</em>"],"issue":["Getting a <em>loan</em>"],"sub_product":["Private student <em>loan</em>"]},"sort":[8.716769,"8950891"]},{"_index":"complaint-public-v1","_id":"6653334","_score":7.5307174,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"Dispute of Inaccurate Credit Report Information To Whom It May Concern, I am writing to dispute inaccurate information on my credit report that has been reported by XXXX XXXX XXXXXXXX XXXX ( \" XXXX '' ). Specifically, XXXX has reported a charged off account which is a violation of the Fair Credit Reporting Act ( FCRA ) as defined by Sections 1681e and 1681i of the FCRA ( 15 U.S.C. 1681-1681x ), as well as other federal laws and regulations. \n\nUnder the FCRA, consumer reporting agencies must follow certain procedures for reporting information about consumers ' creditworthiness, including when reporting \" charged off '' debts. Sections 1681e and 1681i of the FCRA require consumer reporting agencies to follow reasonable procedures to ensure the accuracy of consumer credit information and to promptly investigate disputes. Additionally, the FCRA allows for consumers to dispute inaccurate information on their credit reports and request corrections. \n\nIn XXXX, the Consumer Financial Protection Bureau ( CFPB ) took action against several large credit reporting agencies, including XXXX, for violations of the FCRA, resulting in millions of dollars in monetary relief for affected consumers. The CFPB alleged that these credit reporting agencies failed to maintain accurate information and failed to investigate disputes in a timely manner. As a victim of unfair debt collection practices, I am writing to express my concerns about the charge-off reporting on my credit report. Despite my numerous attempts to resolve the debt, XXXX XXXX XXXX XXXX has failed to respond to my requests for validation or to provide proof of the alleged debt. Instead, they charged off the debt and continued to report it to the credit bureaus, damaging my credit score and causing me financial hardship. \n\nIt is important to note that charging off a debt does not mean that the debt is forgiven or that the consumer is no longer liable for the debt. Charging off a debt simply means that the lender has written off the debt as uncollectible and has claimed it as a loss on their tax return. However, the debt remains on the consumer 's credit report and can continue to be reported by the lender, causing significant harm to the consumer 's credit score and financial reputation. \n\nFurthermore, the decision to charge off a debt should only be made after the lender has exhausted all other efforts to collect the debt, including sending validation of the debt, negotiating payment arrangements, and pursuing legal action if necessary. In my case, XXXX XXXXXXXX XXXX XXXX failed to provide any validation of the debt, refused to negotiate payment arrangements, and instead pursued legal action against me without providing proof of the debt. \n\nThis is a clear violation of several federal laws, including the Fair Debt Collection Practices Act ( FDCPA ), which prohibits debt XXXX from making false or misleading statements and from using unfair or abusive practices to collect a debt. Additionally, the Fair Credit Reporting Act ( FCRA ) requires that all information on a consumer 's credit report be accurate, verifiable, and complete. Reporting a charge-off without proper validation or documentation violates these laws and can result in significant damages to the consumer. \n\nI am requesting that XXXX XXXX XXXX Bank take immediate action to remove the charge-off from my credit report, provide proof of the alleged debt, and compensate me for any damages incurred as a result of their unfair and illegal debt collection practices. I am also requesting that they stop all legal action against me until the debt has been properly validated and resolved. \n\nDue process is a constitutional right that guarantees individuals fair treatment under the law. In my case, I reached out to XXXX XXXX XXXX XXXX XXXX multiple times via certified mail to remedy my accounts and provide debt validation, but they failed to respond. This lack of response is a violation of my due process rights, as it denies me the opportunity to address and resolve any issues with my accounts. \n\nThe USC code that pertains to this violation is USC 1692g, which requires debt collectors to provide consumers with written validation of the debt within five days of initial contact. Failure to provide validation can result in a violation of the Fair Debt Collection Practices Act ( FDCPA ) and may entitle the consumer to statutory damages. \nFurthermore, XXXX XXXX XXXX XXXX XXXX charged off my debt and reported it to credit bureaus, which has negatively impacted my credit score and reputation. \nThis reporting is a violation of the Fair Credit Reporting Act ( FCRA ), which mandates that credit reporting agencies and creditors report accurate and complete information. Charging off a debt does not relieve a creditor of the responsibility to report the accurate status of the account. \nThe USC code that pertains to this violation is USC 1681s-2 ( a ), which states that furnishers of information to credit reporting agencies must provide accurate and complete information. Violations of this section can result in liability for actual and punitive damages, as well as attorney 's fees and costs. \n\nI encourage the CFPB to take action against XXXX XXXX XXXX Bank for their illegal and unethical practices. It is unacceptable for a financial institution to take advantage of consumers in this manner, and I hope that my case will serve as a warning to others who may be experiencing similar issues. \n\nIn addition to FCRA violations, XXXX has also violated other federal laws and regulations, including the Privacy Act of 1974 ( 5 U.S.C. 522a ), the Gramm-Leach-Bliley Act ( 15 USC 1681, 15 USC 6801-6809 ), the Code of Federal Regulations ( CFR 313.1-313.7, 16 CFR 433.2-433.3 ), and the Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. 1692-1692p ). XXXX has also failed to adequately protect my personal information, which is a violation of the Identity Theft and Assumption Deterrence Act of 1998 ( 18 U.S. Code 1028 ). \n\nFCRA : Actual damages : Any financial loss or harm suffered by the consumer as a result of the inaccurate information reported by the credit reporting agency, such as denial of credit, higher interest rates, or loss of employment. \nPunitive damages : Additional damages awarded to punish the credit reporting agency for willful or negligent violations of the FCRA. \nStatutory damages : A fixed amount of damages awarded to the consumer for each violation of the FCRA, regardless of whether any actual harm was suffered. The amount of statutory damages can range from {$100.00} to {$1000.00} per violation, depending on the nature and severity of the violation. \n\nExamples of FCRA violations that can result in damages include : 1. Reporting inaccurate information on the consumer 's credit report, such as a charged off account that has been paid in full or a debt that does not belong to the consumer. \n2. Failing to correct inaccurate information on the consumer 's credit report after receiving a dispute from the consumer. \n3. Failing to conduct a reasonable investigation of a consumer dispute. \n4. Continuing to report inaccurate information on the consumer 's credit report even after being informed of the inaccuracy. \n\nUSC codes related to the FCRA : Sections 1681e and 1681i of the FCRA 15 U.S.C. 1681-1681x USC codes related to the FDCPA : 15 U.S.C. 1692-1692p USC codes related to the TILA : 15 U.S.C. 1601-1667f FDCPA : Actual damages : Any financial loss or harm suffered by the consumer as a result of the debt collector 's actions, such as lost wages or medical expenses. \nStatutory damages : A fixed amount of damages awarded to the consumer for each violation of the FDCPA, regardless of whether any actual harm was suffered. The amount of statutory damages can range from {$100.00} to {$1000.00} per violation, depending on the nature and severity of the violation. \n\nAttorney 's fees : If the consumer prevails in a lawsuit against the debt collector, the court may order the debt collector to pay the consumer 's attorney 's fees. \nExamples of FDCPA violations that can result in damages include : Harassing or abusive language used by the debt collector, such as threats of violence or using profanity.\n\n1. Falsely representing the amount or nature of the debt owed. \n2. Falsely representing that the debt collector is an attorney or government representative. \n3. Failing to validate the debt within 30 days of the initial contact with the consumer. \nTILA : Actual damages : Any financial loss or harm suffered by the consumer as a result of the creditor 's failure to disclose required information, such as hidden fees or incorrect interest rates. \n\nStatutory damages : A fixed amount of damages awarded to the consumer for certain violations of the TILA, regardless of whether any actual harm was suffered. The amount of statutory damages can range from {$400.00} to {$4000.00} per violation, depending on the nature and severity of the violation. \n\nRescission : The right of the consumer to cancel certain types of loans within a specified period of time if the creditor fails to provide the required disclosures. \n\nExamples of TILA violations that can result in damages include : 1. Failing to provide the consumer with a written disclosure of the finance charge, annual percentage rate ( APR ), and other important terms of the loan. \n2. Failing to provide the consumer with a right of rescission for certain types of loans, such as home equity loans. \nMisrepresenting the terms or conditions of the loan, such as falsely stating that the loan has a fixed interest rate when it actually has a variable rate. \n\nThere have been several recent case studies where the CFPB has awarded monetary relief to consumers for violations of the FCRA and other relevant laws. In XXXX, XXXX, XXXX, and Experian agreed to pay a combined {$26.00} XXXX in restitution to affected consumers for FCRA violations. In XXXX, the CFPB ordered XXXX XXXX XXXX XXXX to pay {$1.00} XXXX in restitution to affected consumers for violations of the Electronic Fund Transfer Act and Regulation E. \n\nI am also disputing the validity of a court summons that was sent to me by XXXX and XXXX XXXX XXXX XXXX XXXX, which claims that I owe a debt to XXXX. This summons is in violation of the Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. 1692-1692p ) and the Truth in Lending Act ( TILA ) ( 15 U.S.C. 1601-1667f ). The FDCPA prohibits debt collectors from using false, deceptive, or misleading representations or means in connection with the collection of any debt. The TILA requires creditors to provide certain disclosures about the terms and conditions of a consumer credit transaction. Failure to comply with these laws can result in monetary damages and statutory penalties. \n\nUnder the FCRA, consumer reporting agencies must follow certain procedures for reporting information about consumers ' creditworthiness, including when reporting \" charged off '' debts. Sections 1681e and 1681i of the FCRA require consumer reporting agencies to follow reasonable procedures to ensure the accuracy of consumer credit information and to promptly investigate disputes. Violations of the FCRA can result in actual damages, punitive damages, and attorney fees. \n\nExamples of damages related to FCRA violations include : 1. Denial of credit or employment 2. Higher interest rates on loans 3. Increased insurance premiums 4. Emotional distress and loss of enjoyment of life XXXX XXXX XXXX Bank 's inaccurate reporting of the charged off account on your credit report is a violation of the FCRA. In XXXX, the Consumer Financial Protection Bureau ( CFPB ) took action against several large credit reporting agencies, including XXXX, for violations of the FCRA, resulting in millions of dollars in monetary relief for affected consumers. The CFPB alleged that these credit reporting agencies failed to maintain accurate information and failed to investigate disputes in a timely manner. \n\nThe FDCPA, which is enforced by the Federal Trade Commission ( FTC ), protects consumers from abusive debt collection practices. 15 U.S.C. 1692-1692p outline the regulations that debt collectors must follow. Violations of the FDCPA can result in actual damages, statutory damages, and attorney fees. \n\nExamples of damages related to FDCPA violations include : 1. Harassment or abuse 2. False or misleading representations 3. Unfair or unconscionable practices XXXX XXXX XXXXXXXX XXXX XXXX actions, as well as the actions of the XXXX XXXX XXXX, may also constitute violations of the FDCPA. The complaint filed against you may have contained false or misleading representations or may have used unfair or unconscionable practices. \n\nThe Truth in Lending Act ( TILA ) is a federal law that requires creditors to disclose certain information to borrowers, including the annual percentage rate ( APR ), finance charges, and the total cost of credit. 15 U.S.C. 1601-1667f outline the regulations that creditors must follow. Violations of the TILA can result in actual damages, statutory damages, and attorney fees. \n\n1. Examples of damages related to TILA violations include : 2. Payment of excessive fees 3. Overcharging for credit 4. Failure to disclose required information It is possible that XXXX XXXX XXXXXXXX XXXX XXXX actions, including the terms of the credit card agreement and any fees charged, may constitute violations of the TILA. \nThe Privacy Act of 1974 ( 5 U.S.C. 522a ) is a federal law that governs the collection, maintenance, use, and dissemination of personal information by federal agencies. It also provides individuals with certain rights to access and amend their own records. Violations of the Privacy Act can result in actual damages, punitive damages, and attorney fees. \n\nXXXX XXXX XXXX Bank 's failure to adequately protect your personal information, which was disclosed in the complaint, may constitute a violation of the Privacy Act. \nIn conclusion, XXXX XXXX XXXX Bank 's inaccurate reporting of the charged off account and the actions of the Mandarich Law Group may have violated several federal laws, including the FCRA, FDCPA, TILA, and Privacy Act.\n\nThese violations may have resulted in actual damages, statutory damages, and attorney fees I would like to emphasize the emotional distress and financial hardship that XXXX XXXX XXXX Bank and the Mandarich Law Group have caused me and my family. The inaccurate reporting of the charged off debt has negatively impacted my credit score and financial standing, making it difficult for me to obtain credit or loans, which has caused significant stress and anxiety. \n\nFurthermore, the burden of defending against a lawsuit and potentially paying for damages and legal fees has taken a toll on me and my family. This has prevented me from investing in new business ventures or pursuing other opportunities that would have helped improve my financial situation. \n\nI strongly urge XXXX XXXX XXXXXXXX XXXX and the Mandarich Law Group to correct any inaccurate information related to the charged off debt and to provide me with a written explanation of the investigation and resolution of any disputes. I also request that they provide me with a copy of my credit report and any information related to the charged off debt that has been provided to third parties. \n\nXXXX has violated the Fair Credit Reporting Act ( FCRA ) by reporting inaccurate and misleading information to credit reporting agencies. Pursuant to 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ), XXXX has a duty to provide accurate and complete information to credit reporting agencies. However, the data provided clearly shows that XXXX has reported inaccurate and false information regarding my accounts, including the status and amount of the debt owed. This has resulted in significant harm to my credit score and overall financial standing. \n\nAdditionally, XXXX has violated the Fair Debt Collection Practices Act ( FDCPA ) by engaging in abusive and harassing behavior towards me. Pursuant to 15 U.S.C. 1692d, debt collectors are prohibited from engaging in conduct that is intended to harass, oppress, or abuse any person. However, the data provided shows that XXXX has engaged in repeated and aggressive phone calls and letters, despite my requests to cease such communication. This conduct has caused significant emotional distress and anxiety for me and it has affected my cognitive abilities to focus on daily task and functioning. \n\nFurthermore, XXXX has violated the Truth in Lending Act ( TILA ) by failing to disclose important information regarding my account. Pursuant to 15 U.S.C. 1638 ( a ) ( 2 ), creditors are required to disclose the finance charge, annual percentage rate ( APR ), and other important terms and conditions of a credit account. However, the data provided shows that XXXX failed to disclose certain fees and charges associated with the account, resulting in unexpected and excessive charges. \n\nFinally, XXXX has violated 18 U.S.C. 242 by engaging in conduct that constitutes a color of law violation. Pursuant to this statute, it is illegal for any person, acting under color of law, to deprive another person of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States. The data provided shows that XXXX has engaged in deceptive and unfair practices, this resulted in reporting inaccurate information to credit reporting agencies, engaging in abusive debt collection practices, and failing to disclose important information regarding his account. These practices have deprived me of my rights to fair and accurate credit reporting, protection from abusive debt collection practices, and full disclosure of the terms and conditions of his account. \n\nIn light of these violations, I urge the Consumer Financial Protection Bureau ( CFPB ) to investigate XXXX 's conduct and take appropriate action to hold them accountable for their actions. I deserve fair and just treatment, and it is imperative that financial institutions such as XXXX are held to the highest standards of fairness, transparency, and accountability. \nLastly, I have not given consent for XXXX to share my personal information with third-party companies, yet I have received numerous calls and emails from companies claiming to have received my information from XXXX. This is a clear violation of the Gramm-Leach-Bliley Act ( GLBA ), which requires financial institutions to safeguard their customers ' personal information. I have experienced unprofessional behavior from XXXX representatives. When attempting to resolve issues with my account, I have been met with hostility and condescension. This is not only disrespectful, but it is also a violation of the Fair Debt Collection Practices Act and the Consumer Financial Protection Act. \n\nFurthermore, I have been provided with deceptive contract terms and language. The terms and conditions presented to me were confusing and intentionally misleading. This violates USC codes 15 U.S. Code 41, which prohibits unfair or deceptive acts or practices in commerce. \n\nOverall, these actions by XXXX have caused significant harm to me and my financial situation, and I urge the CFPB to take swift action against them. I request that the CFPB hold Chase accountable for violating the EFTA, TISA, FDCPA, CFPA, USC 15 U.S. Code 41, and GLBA. Additionally, I request that I receive monetary relief and account remedy for the harm caused to me and my family. \n\nXXXX Accounts : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Business Credit Card : XXXX XXXX XXXX XXXX I am writing to express my deep concern regarding the treatment I have received from your company. Despite my efforts to remedy the issues with my account, I have not received any satisfactory resolution. I have contacted your company via certified mail on two separate occasions, yet I have not received any response or action regarding my concerns. \n\nFurthermore, I have requested debt validation and acceptance for value and counteroffer/claim for proof of claim, but your company has failed to provide me with any evidence or documentation to support their claims against me. This is a clear violation of the Fair Debt Collection Practices Act and the Consumer Financial Protection Act. \n\nI have also received a court summons from the Mandarich Law Group , LLP, on behalf of your company. The complaint alleges that I entered into a credit card agreement with your company on XX/XX/XXXX, and that I have defaulted on the terms and conditions of the account by failing to pay as promised. However, your company has not provided me with any evidence or documentation to support these claims. \nI believe that your company has committed several violations of the USC codes, including USC 15 1692 et seq. and USC 12 5536, which prohibit unfair, deceptive, or abusive acts or practices in consumer financial products or services. \n\nIn addition, your company 's actions have caused me significant financial and emotional damages. I have experienced unauthorized overdraft fees, unprofessional behavior from XXXX representatives, and deceptive contract terms and language. These actions are also a violation of USC codes 15 U.S. Code 41 and the Gramm-Leach-Bliley Act, which requires financial institutions to safeguard their customers ' personal information. \nI would like to urge your company to take immediate action to remedy my accounts and provide me with monetary relief for the damages I have incurred. I am also requesting that you provide me with documentation that supports the claims made against me, as well as evidence of the credit card agreement that was allegedly entered into on XX/XX/XXXX. \n\nFurthermore, I would like to draw your attention to the issue of language fraud, which is a violation of USC 18 1343. Your company has created a security in my name and made an LLC out of my name without my knowledge or consent. This is a clear violation of my rights and is a form of language fraud. \n\nIn conclusion, I urge your company to take immediate action to remedy my accounts and provide me with monetary relief for the damages I have incurred. I am requesting that you provide me with documentation to support the claims made against me, as well as evidence of the credit card agreement that was allegedly entered into on XX/XX/XXXX. Thank you for your attention to this matter. \n\nUSC Codes related to my case : 1. USC 15 1692 et seq.\n\n2. USC 12 5536 3. USC 15 U.S. Code 41 4. Gramm-Leach-Bliley Act 5. USC 18 1343 I have recently discovered that XXXX XXXX XXXX XXXX XXXX has created a security in my name and made an LLC out of my name, XXXX XXXX XXXX, without my knowledge or consent. This is a clear violation of the U.S. Code, specifically USC Title 15, Chapter 2D, Section 78c, which defines what constitutes a security. It is also a violation of my privacy and personal rights. \n\nAs a valued customer of XXXX, I expect transparency and respect when it comes to my personal information and financial accounts. It is concerning to me that this security was created without my knowledge or consent, and I request immediate action to remedy this situation. \n\nI kindly ask that you provide me with a detailed explanation of how this security was created and what steps will be taken to correct this issue. Additionally, I request that you provide me with any and all documentation related to this security and LLC. \nI trust that you will take this matter seriously and work to resolve this issue in a timely and efficient manner. Thank you for your attention to this matter.","date_sent_to_company":"2023-03-07T00:03:47.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"General-purpose credit card or charge card","zip_code":"48188","tags":null,"has_narrative":true,"complaint_id":"6653334","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-03-06T23:35:51.000Z","state":"MI","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Failing to provide the consumer with a written disclosure of the finance charge, annual percentage rate ( APR ), and other important terms of the <em>loan</em>. \n2. Failing to provide the consumer with a right of rescission for certain types of <em>loans</em>, such as home equity <em>loans</em>. \nMisrepresenting the terms or conditions of the <em>loan</em>, such as falsely stating that the <em>loan</em> has a fixed interest rate when it actually has a variable rate."]},"sort":[7.5307174,"6653334"]},{"_index":"complaint-public-v1","_id":"6653285","_score":7.038616,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Dispute of Inaccurate Credit Report Information To Whom It May Concern, I am writing to dispute inaccurate information on my credit report that has been reported by J.P. Morgan Chase Bank ( \" JPMC '' ). Specifically, JPMC has reported a charged off account which is a violation of the Fair Credit Reporting Act ( FCRA ) as defined by Sections 1681e and 1681i of the FCRA ( 15 U.S.C. 1681-1681x ), as well as other federal laws and regulations. Under the FCRA, consumer reporting agencies must follow certain procedures for reporting information about consumers ' creditworthiness, including when reporting \" charged off '' debts. Sections 1681e and 1681i of the FCRA require consumer reporting agencies to follow reasonable procedures to ensure the accuracy of consumer credit information and to promptly investigate disputes. Additionally, the FCRA allows for consumers to dispute inaccurate information on their credit reports and request corrections. In XXXX, the Consumer Financial Protection Bureau ( CFPB ) took action against several large credit reporting agencies, including JPMC, for violations of the FCRA, resulting in millions of dollars in monetary relief for affected consumers. The CFPB alleged that these credit reporting agencies failed to maintain accurate information and failed to investigate disputes in a timely manner. As a victim of unfair debt collection practices, I am writing to express my concerns about the charge-off reporting on my credit report. Despite my numerous attempts to resolve the debt, J.P. Morgan Chase Bank has failed to respond to my requests for validation or to provide proof of the alleged debt. Instead, they charged off the debt and continued to report it to the credit bureaus, damaging my credit score and causing me financial hardship. It is important to note that charging off a debt does not mean that the debt is forgiven or that the consumer is no longer liable for the debt. Charging off a debt simply means that the lender has written off the debt as uncollectible and has claimed it as a loss on their tax return. However, the debt remains on the consumer 's credit report and can continue to be reported by the lender, causing significant harm to the consumer 's credit score and financial reputation. Furthermore, the decision to charge off a debt should only be made after the lender has exhausted all other efforts to collect the debt, including sending validation of the debt, negotiating payment arrangements, and pursuing legal action if necessary. In my case, J.P. Morgan Chase Bank failed to provide any validation of the debt, refused to negotiate payment arrangements, and instead pursued legal action against me without providing proof of the debt. This is a clear violation of several federal laws, including the Fair Debt Collection Practices Act ( FDCPA ), which prohibits debt collectors from making false or misleading statements and from using unfair or abusive practices to collect a debt. Additionally, the Fair Credit Reporting Act ( FCRA ) requires that all information on a consumer 's credit report be accurate, verifiable, and complete. Reporting a charge-off without proper validation or documentation violates these laws and can result in significant damages to the consumer. I am requesting that J.P. Morgan Chase Bank take immediate action to remove the charge-off from my credit report, provide proof of the alleged debt, and compensate me for any damages incurred as a result of their unfair and illegal debt collection practices. I am also requesting that they stop all legal action against me until the debt has been properly validated and resolved. Due process is a constitutional right that guarantees individuals fair treatment under the law. In my case, I reached out to J.P. Morgan Chase & Co. multiple times via certified mail to remedy my accounts and provide debt validation, but they failed to respond. This lack of response is a violation of my due process rights, as it denies me the opportunity to address and resolve any issues with my accounts. The USC code that pertains to this violation is USC 1692g, which requires debt collectors to provide consumers with written validation of the debt within five days of initial contact. Failure to provide validation can result in a violation of the Fair Debt Collection Practices Act ( FDCPA ) and may entitle the consumer to statutory damages. Furthermore, J.P. Morgan Chase & Co. charged off my debt and reported it to credit bureaus, which has negatively impacted my credit score and reputation. This reporting is a violation of the Fair Credit Reporting Act ( FCRA ), which mandates that credit reporting agencies and creditors report accurate and complete information. Charging off a debt does not relieve a creditor of the responsibility to report the accurate status of the account. The USC code that pertains to this violation is USC 1681s-2 ( a ), which states that furnishers of information to credit reporting agencies must provide accurate and complete information. Violations of this section can result in liability for actual and punitive damages, as well as attorney 's fees and costs. I encourage the CFPB to take action against J.P. Morgan Chase Bank for their illegal and unethical practices. It is unacceptable for a financial institution to take advantage of consumers in this manner, and I hope that my case will serve as a warning to others who may be experiencing similar issues. In addition to FCRA violations, JPMC has also violated other federal laws and regulations, including the Privacy Act of 1974 ( 5 U.S.C. 522a ), the Gramm-Leach-Bliley Act ( 15 USC 1681, 15 USC 6801-6809 ), the Code of Federal Regulations ( CFR 313.1-313.7, 16 CFR 433.2-433.3 ), and the Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. 1692-1692p ). JPMC has also failed to adequately protect my personal information, which is a violation of the Identity Theft and Assumption Deterrence Act of 1998 ( 18 U.S. Code 1028 ). FCRA : Actual damages : Any financial loss or harm suffered by the consumer as a result of the inaccurate information reported by the credit reporting agency, such as denial of credit, higher interest rates, or loss of employment. Punitive damages : Additional damages awarded to punish the credit reporting agency for willful or negligent violations of the FCRA. Statutory damages : A fixed amount of damages awarded to the consumer for each violation of the FCRA, regardless of whether any actual harm was suffered. The amount of statutory damages can range from {$100.00} to {$1000.00} per violation, depending on the nature and severity of the violation. Examples of FCRA violations that can result in damages include : 1. Reporting inaccurate information on the consumer 's credit report, such as a charged off account that has been paid in full or a debt that does not belong to the consumer. 2. Failing to correct inaccurate information on the consumer 's credit report after receiving a dispute from the consumer. 3. Failing to conduct a reasonable investigation of a consumer dispute. 4. Continuing to report inaccurate information on the consumer 's credit report even after being informed of the inaccuracy. USC codes related to the FCRA : Sections 1681e and 1681i of the FCRA 15 U.S.C. 1681-1681x USC codes related to the FDCPA : 15 U.S.C. 1692-1692p USC codes related to the TILA : 15 U.S.C. 1601-1667f FDCPA : Actual damages : Any financial loss or harm suffered by the consumer as a result of the debt collector 's actions, such as lost wages or medical expenses. Statutory damages : A fixed amount of damages awarded to the consumer for each violation of the FDCPA, regardless of whether any actual harm was suffered. The amount of statutory damages can range from {$100.00} to {$1000.00} per violation, depending on the nature and severity of the violation. Attorney 's fees : If the consumer prevails in a lawsuit against the debt collector, the court may order the debt collector to pay the consumer 's attorney 's fees. Examples of FDCPA violations that can result in damages include : Harassing or abusive language used by the debt collector, such as threats of violence or using profanity. 1. Falsely representing the amount or nature of the debt owed. 2. Falsely representing that the debt collector is an attorney or government representative. 3. Failing to validate the debt within 30 days of the initial contact with the consumer. TILA : Actual damages : Any financial loss or harm suffered by the consumer as a result of the creditor 's failure to disclose required information, such as hidden fees or incorrect interest rates. Statutory damages : A fixed amount of damages awarded to the consumer for certain violations of the TILA, regardless of whether any actual harm was suffered. The amount of statutory damages can range from {$400.00} to {$4000.00} per violation, depending on the nature and severity of the violation. Rescission : The right of the consumer to cancel certain types of loans within a specified period of time if the creditor fails to provide the required disclosures. Examples of TILA violations that can result in damages include : 1. Failing to provide the consumer with a written disclosure of the finance charge, annual percentage rate ( APR ), and other important terms of the loan. 2. Failing to provide the consumer with a right of rescission for certain types of loans, such as home equity loans. Misrepresenting the terms or conditions of the loan, such as falsely stating that the loan has a fixed interest rate when it actually has a variable rate. There have been several recent case studies where the CFPB has awarded monetary relief to consumers for violations of the FCRA and other relevant laws. In XXXX, XXXX, XXXX, and XXXX agreed to pay a combined {$26.00} XXXX in restitution to affected consumers for FCRA violations. In XXXX, the CFPB ordered XXXX XXXX XXXX XXXX to pay {$1.00} XXXX in restitution to affected consumers for violations of the Electronic Fund Transfer Act and Regulation E. I am also disputing the validity of a court summons that was sent to me by JPMC and XXXX XXXX XXXX XXXX XXXX, which claims that I owe a debt to JPMC. This summons is in violation of the Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. 1692-1692p ) and the Truth in Lending Act ( TILA ) ( 15 U.S.C. 1601-1667f ). The FDCPA prohibits debt collectors from using false, deceptive, or misleading representations or means in connection with the collection of any debt. The TILA requires creditors to provide certain disclosures about the terms and conditions of a consumer credit transaction. Failure to comply with these laws can result in monetary damages and statutory penalties. Under the FCRA, consumer reporting agencies must follow certain procedures for reporting information about consumers ' creditworthiness, including when reporting \" charged off '' debts. Sections 1681e and 1681i of the FCRA require consumer reporting agencies to follow reasonable procedures to ensure the accuracy of consumer credit information and to promptly investigate disputes. Violations of the FCRA can result in actual damages, punitive damages, and attorney fees. Examples of damages related to FCRA violations include : 1. Denial of credit or employment 2. Higher interest rates on loans 3. Increased insurance premiums 4. Emotional distress and loss of enjoyment of life J.P. Morgan Chase Bank 's inaccurate reporting of the charged off account on your credit report is a violation of the FCRA. In XXXX, the Consumer Financial Protection Bureau ( CFPB ) took action against several large credit reporting agencies, including JPMC, for violations of the FCRA, resulting in millions of dollars in monetary relief for affected consumers. The CFPB alleged that these credit reporting agencies failed to maintain accurate information and failed to investigate disputes in a timely manner. The FDCPA, which is enforced by the Federal Trade Commission ( FTC ), protects consumers from abusive debt collection practices. 15 U.S.C. 1692-1692p outline the regulations that debt collectors must follow. Violations of the FDCPA can result in actual damages, statutory damages, and attorney fees. Examples of damages related to FDCPA violations include : 1. Harassment or abuse 2. False or misleading representations 3. Unfair or unconscionable practices J.P. Morgan Chase Bank 's actions, as well as the actions of the Mandarich Law Group, may also constitute violations of the FDCPA. The complaint filed against you may have contained false or misleading representations or may have used unfair or unconscionable practices. The Truth in Lending Act ( TILA ) is a federal law that requires creditors to disclose certain information to borrowers, including the annual percentage rate ( APR ), finance charges, and the total cost of credit. 15 U.S.C. 1601-1667f outline the regulations that creditors must follow. Violations of the TILA can result in actual damages, statutory damages, and attorney fees. 1. Examples of damages related to TILA violations include : 2. Payment of excessive fees 3. Overcharging for credit 4. Failure to disclose required information It is possible that J.P. Morgan Chase Bank 's actions, including the terms of the credit card agreement and any fees charged, may constitute violations of the TILA. The Privacy Act of 1974 ( 5 U.S.C. 522a ) is a federal law that governs the collection, maintenance, use, and dissemination of personal information by federal agencies. It also provides individuals with certain rights to access and amend their own records. Violations of the Privacy Act can result in actual damages, punitive damages, and attorney fees. J.P. Morgan Chase Bank 's failure to adequately protect your personal information, which was disclosed in the complaint, may constitute a violation of the Privacy Act. In conclusion, J.P. Morgan Chase Bank 's inaccurate reporting of the charged off account and the actions of the Mandarich Law Group may have violated several federal laws, including the FCRA, FDCPA, TILA, and Privacy Act. These violations may have resulted in actual damages, statutory damages, and attorney fees I would like to emphasize the emotional distress and financial hardship that J.P. Morgan Chase Bank and the Mandarich Law Group have caused me and my family. The inaccurate reporting of the charged off debt has negatively impacted my credit score and financial standing, making it difficult for me to obtain credit or loans, which has caused significant stress and anxiety. Furthermore, the burden of defending against a lawsuit and potentially paying for damages and legal fees has taken a toll on me and my family. This has prevented me from investing in new business ventures or pursuing other opportunities that would have helped improve my financial situation. I strongly urge J.P. Morgan Chase Bank and the Mandarich Law Group to correct any inaccurate information related to the charged off debt and to provide me with a written explanation of the investigation and resolution of any disputes. I also request that they provide me with a copy of my credit report and any information related to the charged off debt that has been provided to third parties. Chase has violated the Fair Credit Reporting Act ( FCRA ) by reporting inaccurate and misleading information to credit reporting agencies. Pursuant to 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ), Chase has a duty to provide accurate and complete information to credit reporting agencies. However, the data provided clearly shows that Chase has reported inaccurate and false information regarding my accounts, including the status and amount of the debt owed. This has resulted in significant harm to my credit score and overall financial standing. Additionally, Chase has violated the Fair Debt Collection Practices Act ( FDCPA ) by engaging in abusive and harassing behavior towards me. Pursuant to 15 U.S.C. 1692d, debt collectors are prohibited from engaging in conduct that is intended to harass, oppress, or abuse any person. However, the data provided shows that Chase has engaged in repeated and aggressive phone calls and letters, despite my requests to cease such communication. This conduct has caused significant emotional distress and anxiety for me and it has affected my cognitive abilities to focus on daily task and functioning. Furthermore, Chase has violated the Truth in Lending Act ( TILA ) by failing to disclose important information regarding my account. Pursuant to 15 U.S.C. 1638 ( a ) ( 2 ), creditors are required to disclose the finance charge, annual percentage rate ( APR ), and other important terms and conditions of a credit account. However, the data provided shows that Chase failed to disclose certain fees and charges associated with the account, resulting in unexpected and excessive charges. Finally, Chase has violated 18 U.S.C. 242 by engaging in conduct that constitutes a color of law violation. Pursuant to this statute, it is illegal for any person, acting under color of law, to deprive another person of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States. The data provided shows that Chase has engaged in deceptive and unfair practices, this resulted in reporting inaccurate information to credit reporting agencies, engaging in abusive debt collection practices, and failing to disclose important information regarding his account. These practices have deprived me of my rights to fair and accurate credit reporting, protection from abusive debt collection practices, and full disclosure of the terms and conditions of his account. In light of these violations, I urge the Consumer Financial Protection Bureau ( CFPB ) to investigate Chase 's conduct and take appropriate action to hold them accountable for their actions. I deserve fair and just treatment, and it is imperative that financial institutions such as Chase are held to the highest standards of fairness, transparency, and accountability. Lastly, I have not given consent for Chase to share my personal information with third-party companies, yet I have received numerous calls and emails from companies claiming to have received my information from Chase. This is a clear violation of the Gramm-Leach-Bliley Act ( GLBA ), which requires financial institutions to safeguard their customers ' personal information. I have experienced unprofessional behavior from Chase representatives. When attempting to resolve issues with my account, I have been met with hostility and condescension. This is not only disrespectful, but it is also a violation of the Fair Debt Collection Practices Act and the Consumer Financial Protection Act. Furthermore, I have been provided with deceptive contract terms and language. The terms and conditions presented to me were confusing and intentionally misleading. This violates USC codes 15 U.S. Code 41, which prohibits unfair or deceptive acts or practices in commerce. Overall, these actions by Chase have caused significant harm to me and my financial situation, and I urge the CFPB to take swift action against them. I request that the CFPB hold Chase accountable for violating the EFTA, TISA, FDCPA, CFPA, USC 15 U.S. Code 41, and GLBA. Additionally, I request that I receive monetary relief and account remedy for the harm caused to me and my family. Chase Accounts : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Credit Card : XXXX XXXX XXXX XXXX I am writing to express my deep concern regarding the treatment I have received from your company. Despite my efforts to remedy the issues with my account, I have not received any satisfactory resolution. I have contacted your company via certified mail on two separate occasions, yet I have not received any response or action regarding my concerns. Furthermore, I have requested debt validation and acceptance for value and counteroffer/claim for proof of claim, but your company has failed to provide me with any evidence or documentation to support their claims against me. This is a clear violation of the Fair Debt Collection Practices Act and the Consumer Financial Protection Act. I have also received a court summons from the XXXX XXXX XXXX XXXX XXXX on behalf of your company. The complaint alleges that I entered into a credit card agreement with your company on XX/XX/XXXX, and that I have defaulted on the terms and conditions of the account by failing to pay as promised. However, your company has not provided me with any evidence or documentation to support these claims. I believe that your company has committed several violations of the USC codes, including USC 15 1692 et seq. and USC 12 5536, which prohibit unfair, deceptive, or abusive acts or practices in consumer financial products or services. In addition, your company 's actions have caused me significant financial and emotional damages. I have experienced unauthorized overdraft fees, unprofessional behavior from Chase representatives, and deceptive contract terms and language. These actions are also a violation of USC codes 15 U.S. Code 41 and the Gramm-Leach-Bliley Act, which requires financial institutions to safeguard their customers ' personal information. I would like to urge your company to take immediate action to remedy my accounts and provide me with monetary relief for the damages I have incurred. I am also requesting that you provide me with documentation that supports the claims made against me, as well as evidence of the credit card agreement that was allegedly entered into on XX/XX/XXXX. Furthermore, I would like to draw your attention to the issue of language fraud, which is a violation of USC 18 1343. Your company has created a security in my name and made an LLC out of my name without my knowledge or consent. This is a clear violation of my rights and is a form of language fraud. In conclusion, I urge your company to take immediate action to remedy my accounts and provide me with monetary relief for the damages I have incurred. I am requesting that you provide me with documentation to support the claims made against me, as well as evidence of the credit card agreement that was allegedly entered into on XX/XX/XXXX. Thank you for your attention to this matter. USC Codes related to my case : 1. USC 15 1692 et seq. 2. USC 12 5536 3. USC 15 U.S. Code 41 4. Gramm-Leach-Bliley Act 5. USC 18 1343 I have recently discovered that J.P. Morgan Chase & Co. has created a security in my name and made an LLC out of my name, XXXX XXXX XXXX, without my knowledge or consent. This is a clear violation of the U.S. Code, specifically USC Title 15, Chapter 2D, Section 78c, which defines what constitutes a security. It is also a violation of my privacy and personal rights. As a valued customer of Chase, I expect transparency and respect when it comes to my personal information and financial accounts. It is concerning to me that this security was created without my knowledge or consent, and I request immediate action to remedy this situation. I kindly ask that you provide me with a detailed explanation of how this security was created and what steps will be taken to correct this issue. Additionally, I request that you provide me with any and all documentation related to this security and LLC. I trust that you will take this matter seriously and work to resolve this issue in a timely and efficient manner. Thank you for your attention to this matter.","date_sent_to_company":"2023-03-07T00:09:11.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"48188","tags":null,"has_narrative":true,"complaint_id":"6653285","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2023-03-07T00:05:19.000Z","state":"MI","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Failing to provide the consumer with a written disclosure of the finance charge, annual percentage rate ( APR ), and other important terms of the <em>loan</em>. 2. Failing to provide the consumer with a right of rescission for certain types of <em>loans</em>, such as home equity <em>loans</em>. Misrepresenting the terms or conditions of the <em>loan</em>, such as falsely stating that the <em>loan</em> has a fixed interest rate when it actually has a variable rate."]},"sort":[7.038616,"6653285"]},{"_index":"complaint-public-v1","_id":"21615233","_score":6.847359,"_source":{"product":"Mortgage","complaint_what_happened":"XX/XX/XXXX Missed mortgage payment. \n\nXX/XX/XXXX Missed mortgage payment. \n\nXX/XX/XXXX ( Dated ) Early intervention Letter Received Designated Contact ( DC ) : XXXX XXXXXXXX XXXX XXXX XXXX XXXX  ) Reads : This account is in default and due for the XX/XX/XXXX payment. Please contact us about the missed mortgage payment ( s ). \n\nXX/XX/XXXX Called Onity Mortgage ( PHH Mortgage ), Customer Service, to make a payment and to discuss a payment arrangement for the XXXX months I was behind. The representative I spoke to said, If the payment did not include both XXXX and XXXX payments Onity Mortgage ( PHH Mortgage ) would not accept a payment. Also, to set up a payment arrangement, I would have to pay XXXX and XXXXXXXX XXXX payments. They did not offer a forbearance option. I was instructed to submit an XXXX. \n\nXX/XX/XXXX - Verbally submitted XXXX to Customer Service Representative XX/XX/XXXX ( Dated ) Initial Contact Letter, Required Pursuant to XXXX  XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Reads : We are required by XXXX  XXXX XXXX to send this notice. According to our records, the mortgage payment is past due. If payment has already been sent, please disregard this notice. You have the right to talk with us about options to avoid foreclosure. \n\nXX/XX/XXXX ( Dated ) Notice of Default DC : XXXX XXXX ( ID # XXXX ) Reads : Mortgage payments on the above-referenced account are past due, which has caused a default under the terms of the Mortgage or Deed of Trust ( hereinafter, Security Instrument ). As of XX/XX/XXXX, the following amounts are past due : .TOTAL YOU MUST PAY TO CURE DEFAULT : {$3600.00}. \nXX/XX/XXXX ( Dated ) The Request For Mortgage Assistance was Received Letter XXXX XXXX XXXX XXXX XXXXXXXX XXXX ( ID # XXXX ) Reads : Page XXXX : We will review this request to ensure that the XXXX  is complete and that we have all the required supporting documentation necessary to evaluate this account for all available mortgage assistance options. \nIf we did not receive a complete XXXX  and/or all the required supporting documentation, we will send a notice providing details for any additional information and/or documentation required to complete the XXXX XX/XX/XXXX ( dated ) The Request For Mortgage Assistance Is Complete Letter XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ; Reads : Our review of the XXXX application indicated that it is complete as of XX/XX/XXXX. We do not require any additional information or documentation at this time. XXXX XXXX XXXX XXXX XXXX Important Note - In some cases, additional documentation may be requested : During our review, we might determine that additional documentation is required. We will send a document request notice which will list any required documentation and provide a reasonable timeframe for documentation submission. \n\nXX/XX/XXXX ( Dated ) Valuation Report for the Property is Attached Letter XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX ( Dated ) Important Notice, Decision on the Request for Mortgage Assistance, Please Read Carefully ( Denied ) XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX  Helping Homeowners Modification Non-Approved ; Reason : The account does not meet the delinquency requirement of the workout. \nStreamline Helping Homeowners Modification Non-Approved ; Reason : Under Guidelines established by the owner of the account, performed a net present value test. Results indicated that the account does not qualify under these guidelines. \n\nXX/XX/XXXX Unable to make a payment for reasons listed XX/XX/XXXX. \n\nXX/XX/XXXX ( Dated ) Appeal of Mortgage Assistance Denial letter sent to Onity Mortgage ( PHH Mortgage ). \nReads : For the Helping Homeowners Modification, the stated reason for denial was : The account does not meet the delinquency requirements of the workout. However, I was not provided with a copy of the Delinquency Requirements criteria, which prevents me from understanding or verifying the basis for this decision. \nRegarding the XXXX  Helping Homeowners Modification, you indicated that a net present value ( NPV ) test was performed using account information and other data points. Yet, I was not provided with the NPV test results or the data inputs used. In fact, the NPV Data Fields and Values were incomplete, with XXXX  XXXX used in NPV calculations fields left blank. It is unclear how an accurate calculation could be performed with all required data. \n. \nXX/XX/XXXX Unable to make a payment for reasons listed XX/XX/XXXX. \n\nXX/XX/XXXX ( Dated ) Acknowledgement of Correspondence DC : XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX Reads : Thank you for the recent correspondence regarding this mortgage account. We will review the correspondence, perform any required research, and provide a written response. \n\nXX/XX/XXXX Received a call from XXXX XXXX, XXXX. He set me up with XXXX XXXX XXXX to help with keeping my home. Email received summarized the program. Summary states : I am to pay XXXX XXXX XXXX {$750.00} a month for XXXX months to get my mortgage brought current and the issues resolved. Once everything is squared away, sign and notarize the settlement agreement, and then go right back to paying my regular mortgage services like normal. Same loan. Same lender. XXXX refinancing. Paid {$750.00} a month for the months of XXXX, XXXX, and XXXX. During that time, the company did nothing to help me. \n\nXX/XX/XXXX ( Dated ) Response Letter for Your Recent Request I have read the document numerous times, and I do not understand what/why I was denied. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX Unable to make a payment for reasons listed XX/XX/XXXX. \n\nXX/XX/XXXX ( Dated ) IMPORTANT NOTICE, Foreclosure Letter DC : XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX  Reads : A foreclosure action has been initiated on the property referenced above. Based upon the recent payment activity on the mortgage, we are concerned that you may be facing difficulties making mortgage payments. We want to help, the account may qualify for Homeowners Assistance/foreclosure prevention alternative as an option.Even if you have not inquired previously, you can still be evaluated for alternatives to foreclosure by submitting an application for Homeowners Assistance. If you have inquired previously and your request for Homeowners Assistance was denied, if you have experienced a change in your financial circumstances, you can reapply. Homeowners Assistance Programs were implemented in order to provide assistance and to help cure any delinquencies that may be due to unexpected hardships you have experienced. \n\nXX/XX/XXXX ( Dated ) Reinstatement Quote XXXX XXXX XXXX XXXX ( ID # XXXX ) Reads : Total amount due to reinstate is {$8100.00} due no later than XX/XX/XXXX. \n\nXX/XX/XXXX ( Dated ) Notice of Default and Election to sell under Deed of Trust, Doc # XXXX ( Recorded in XXXX XXXX on XX/XX/XXXX ) - DC : XXXX XXXX ( ID # XXXX ) XX/XX/XXXX XXXX submitted XX/XX/XXXX ( Dated ) - Immediate Action is Required to Avoid Foreclosure Contact Customer Care Center Reads : Foreclosure activity has been initiated on the above-referenced property. A Notice of Default has been recorded in the foreclosure action. \nHow to apply for assistance.. \n\nXX/XX/XXXX ( Dated ) The Request For Mortgage Assistance was Received Letter DC : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  Page XXXX : We will review this request to ensure that the XXXX  is complete and that we have all the required supporting documentation necessary to evaluate this account for all available mortgage assistance options. \nIf we did not receive a complete XXXX  and/or all the required supporting documentation, we will send a notice providing details for any additional information and/or documentation required to complete the XXXX XX/XX/XXXX ( Dated ) Information about XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Reads : At this time, accountholder ( s ) will not be evaluated for any additional mortgage assistance options, as there has not been a documented material change in accountholders ' financial circumstances since date of the accountholders previous application. \n\nXX/XX/XXXXXXXX XXXX PHH and was told the letter is computer-generated and to ignore it. XXXX XXXX was on the phone with me. \n\nXX/XX/XXXX Unable to make a payment for reasons listed XX/XX/XXXX. \n\nXX/XX/XXXX Spoke to Homeownership XXXX XX/XX/XXXX Three-way call with Homeownership XXXX ( XXXX ) and Onity Mortgage ( PHH ), representative, XXXX, for an update. I was told a decision had not been made. However, when I get the response and if it is denied, I need to submit a new XXXX. \n\nXX/XX/XXXX Unable to make a payment for reasons listed XX/XX/XXXX. \n\nXX/XX/XXXX XXXX  sent XX/XX/XXXX ( Dated ) The Request For Mortgage Assistance was Received Letter XXXX XXXX XXXX XXXX XXXXXXXX XXXX ( ID # XXXX ) Page XXXX : We will review this request to ensure that the XXXX  is complete and that we have all the required supporting documentation necessary to evaluate this account for all available mortgage assistance options. \nIf we did not receive a complete XXXX  and/or all the required supporting documentation, we will send a notice providing details for any additional information and/or documentation required to complete the XXXX XX/XX/XXXX ( Dated ) Information about XXXX  Reads : At this time, accountholder ( s ) will not be elevated for any additional mortgage assistance options, as there has not been a documented material change in the accountholder 's financial circumstances since date of the accountholders previous application. XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXX/XX/XXXX Three-way call with Onity Mortgage ( PHH Mortgage ) and XXXX XXXX for clarification. Was told denied modification due to Net Value test and I need to re-apply for assistance and to include the following documents : application, hardship letter, last XXXX years income tax returns, XXXX  months bank statements, my last XXXX paystubs, rental agreement between my daughter and myself, daughters last XXXX paystubs, my award letter, proof of rent paid, letter from daughter stating she pays rent. I requested a new Reinstatement Quote XX/XX/XXXX ( Dated ) Early Intervention Letter DC : XXXX XXXX ( ID # XXXX ) Reads : This account is in default and due for the XX/XX/XXXX payment. Please contact us about the missed mortgage payment ( s ). \nXX/XX/XXXX ( Dated ) Reinstatement Quote - XXXX XXXX XXXXXXXX XXXX ( ID # XXXX ) XX/XX/XXXX Call with Onity Mortgage ( PHH Mortgage ) and XXXX XXXX. Currently the foreclosure is on hold. No sale date. XXXX denied. No options but to pay {$13000.00} to reinstate my loan. Told to submit another XXXX. Made an appointment to talk to my relationship XXXX ( XXXX XXXX XXXX for XX/XX/XXXX. \n\nXX/XX/XXXX Call with Onity Mortgage ( PHH Mortgage ) ( XXXXXXXX XXXX XXXX XXXX ). Foreclosure is still active. No sale date. Discussed denial letter, dated XX/XX/XXXX, that states will not be evaluated for mortgage assistance due to financial situation has not changed. XXXX stated to submit another XXXX and add my daughters proof of income and a letter from my daughter stating she is a tenant and her rent is {$700.00}. \n\nXX/XX/XXXX Unable to make a payment for reasons listed XX/XX/XXXX. \n\nXX/XX/XXXX XXXX sent with all documents listed above ( XX/XX/XXXX entry ). I included a copy of my XXXX  drivers license and the most recent mortgage statement. Instead of my daughters last XXXX paystubs, I submitted her award letter. A total of XXXX documents were sent via XXXX separate emails. Received confirmation that PHH received them. \n\nXX/XX/XXXX Call with XXXX XXXX ( first time talking to her ). She verified PHH had received my application and supporting documents. She set up a follow-up call for XX/XX/XXXX. \n\nXX/XX/XXXX ( Dated ) The Request For Mortgage Assistance was Received Letter XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Page XXXX : We will review this request to ensure that the XXXX  is complete and that we have all the required supporting documentation necessary to evaluate this account for all available mortgage assistance options. \nIf we did not receive a complete XXXX and/or all the required supporting documentation : we will send a notice providing details for any additional information and/or documentation required to complete the XXXX XX/XX/XXXX ( Dated ) Authorization Acknowledgement Letter - DC : XXXX XXXX ( ID XXXX XXXX ) XX/XX/XXXX ( Dated )- The Request For Mortgage Assistance Is Complete Letter XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Reads : Our review of the XXXX  application indicated that XXXX is a complete as of XX/XX/XXXX. We do not require any additional information or documentation at this time. XXXX XXXX XXXX XXXX XXXX  Important Note-in some cases, additional documentation may be requested : During our review, we might determine that additional documentation is required. We will send a document request notice which will list any required documentation and provide a reasonable timeframe for documentation submission. \n\nXX/XX/XXXX I checked the PHH portal for the status of my XXXX. The portal reads the following ( check mark indicates step completed ) Your Status Tracker XXXX received Review Decision Decision Pending Plan Eligible Final Decision ( waiting ) XX/XX/XXXX I called PHH, spoke with XXXX XXXX ( XXXX XXXX XXXX XXXX ). I was told that the XXXX was denied but XXXX could not tell me why it was denied because the letter had not been uploaded from the underwriting team. I asked to speak to someone in the Underwriting Department. XXXX said he could not transfer me to that department because they do not talk to clients. XXXX also told me to wait for the denial letter and then submit another XXXX. I told him that on Monday, XX/XX/XXXX, I checked the portal and it said that I was Plan Eligible. His response was once the decision is made the XXXX section on the portal is removed. He could not explain why the portal said, Plan Eligible. We scheduled a telephone appointment with my Relationship XXXX, XXXX ( ID # XXXX  ) for XXXX p.m. on XX/XX/XXXX. \n\nXX/XX/XXXX ( Dated ) XXXX Decision received XXXX XXXX XXXX XXXX XXXXXXXX XXXX ( ID # XXXX ), Reasons : Helping Homeowners Modification Non-Approved ; Reason : Account does not meet the delinquency requirement of the workout. \nStreamline Helping Homeowners Modification Non-Approved ; Reason : Under Guidelines established by the owner of the account, performed a net present value test. Results indicated in the account does not qualify under these guidelines. ( Page XXXX is unclear ) XX/XX/XXXX ( Dated ) Mortgage Statement received 1. Your loan has been accelerated. Total amount of {$190000.00} is due XX/XX/XXXX. \n2. If your payment is received after XX/XX/XXXX a {$33.00} late fee may be charged. \nPlease note the account has been referred to an attorney to start foreclosure proceedings. Prior to remitting payment, you MUST the attorney for the full reinstatement amount as the amount above may have changed. If you need information regarding the attorney assigned to the account, please contact Customer Service at XXXX. \n3. Page 3 : Recent Account History : Total {$11000.00} due. You must pay this amount to bring your account current. \n4. The first notice or filing required by applicable law for the foreclosure process has been made. \nXX/XX/XXXX PHH called me at XXXX p.m. I answered the phone, and no one was there. I stayed on the phone for over XXXX minutes. I called back at XXXX p.m. and had XXXX from XXXX XXXX on the line with me. I did not get the womans name ; however, I got her ID number ( ID # XXXX ). She stated she is a Relationship XXXX, and she can see the same thing that XXXX XXXX could. The foreclosure is on hold. If I do not pay the reinstatement amount of {$13000.00} by XX/XX/XXXX, the foreclosure will be taken off hold, and the foreclosure process will continue. She also stated that if I submitted another XXXX, I would get the same denial reasons as before. Which is there is equity on the house. \nI asked about the XXXX letters I received that says, I will not be evaluated for a loan modification due to my financial status had not changed ( letters dated XX/XX/XXXX, and XX/XX/XXXX ). She stated those letters are sent when the XXXX application is incomplete. I repeated what she said to make sure I was hearing her right, and her response was I heard her correctly. \nI also asked what the workout was regarding the Helping Homeowners Modification. She said I didnt qualify for that because I had to XXXX  days or less behind on my mortgage payment. XXXX asked to speak to XXXX a Relationship Manager that works closely with XXXX XXXX. The Relationship XXXXXXXX XXXX XXXX XXXX responded that she did not have the capability to transfer calls, reiterated that she is a Relationship Manager and XXXX would have the same information that she was looking at.XXXX  also asked to know what the lenders ( XXXX XXXX ) eligibility guidelines are. She was told to email the Research Department at XXXX to get that information, and that it can take up to 10 days to get a response. I have sent the request to the Research Department and stated it was urgent. \nThe Relationship Manager ( ID # XXXX ) stated that for them to set up a payment plan for me I had to be within the 90 days of my first missed payment. I responded by telling her that PHH never informed me of that, and when I called on XX/XX/XXXX, and XX/XX/XXXX. I was within XXXX  days. \nWe made another telephone appointment with my Relationship Manager, XXXX XXXX, for XXXX, XX/XX/XXXX, at XXXX a.m. \n\nXX/XX/XXXX Emailed Research Department requesting copy of lender guidelines. \n\nXX/XX/XXXX - Received confirmation email from Research Department XX/XX/XXXX Call with XXXX XXXX ( ID # XXXX ) XXXX stated that while the foreclosure is currently on hold, the only option available to me is reinstatement. She is requesting a new reinstatement quote, and I have until XX/XX/XXXX, to pay that amount. However, she could not guarantee that the foreclosure hold would remain in place until that date. \nWhen I questioned her regarding XXXX previous denials that claimed my financial situation had not changeddespite a documented shift in my circumstancesshe apologized but could not explain the discrepancy. She stated that regardless of how many times I submitted a XXXX XXXX XXXX  ( XXXX ), the response would remain the same. When I pressed for further clarification, she hung up on me. \nAt XXXX a.m. I received a call from Onity Mortgage ( PHH Mortgage ). When I answered the phone, no one was there. \n\nXX/XX/XXXX Call with Relationship Manager ( ID XXXX XXXXXXXX ) Following XXXX missed calls and voicemails, I returned a call at XXXX p.m. and spoke with Relationship Manager ID # XXXX. I asked why I was not eligible for the XXXXXXXX XXXX XXXXXXXX. Although I was told on XX/XX/XXXX that I needed to be within XXXX  days behind to qualify, this representative claimed I had to be within XXXX  days or less behind. \nWhen I brought up letters dated XX/XX/XXXX and XX/XX/XXXX, he dismissed them as \" computer-generated '' and stated my XXXX was always going to be denied. This contradicts information I received during calls on XX/XX/XXXX and XX/XX/XXXX. \nI expressed my frustration that various representatives have consistently provided inaccurate information and instructed me to submit multiple XXXX  since XX/XX/XXXX. This led me to believe a modification was possible, preventing me from pursuing other financial options earlier. The representative simply repeated that his information was correct and stated that paying the reinstatement amount is the only way to keep my home. \n\nXX/XX/XXXX Received the Response Letter from Onity Mortgage ( PHH Mortgage ) Research Department.\n\nReads : In Paragraph XXXX : Based on our records, a prior mortgage assistance application was previously reviewed and a determination was issued. If your financial circumstances have changed or if you would like to be considered again for available mortgage assistance options, you may re apply for mortgage assistance. \nThis is extremely concerning. Despite my conversations with Onity Mortgage ( PHH Mortgage ) on the XXXX and again on the XXXX, they continue to reference changes in financial circumstances, even though I have already submitted multiple applications with all the requested documentation. I am receiving inconsistent verbal explanations, and the written communications I receive contain conflicting information. \nI emailed the letter to XXXX, XXXX XXXX, asking if there is something we can do about the inconsistencies I am receiving from Onity Mortgage ( PHH Mortgage ), and am waiting to hear back. \n\nXX/XX/XXXX Received email from XXXX, XXXX XXXX. XXXX XXXX, XXXX, instructed XXXX to tell me to file a complaint with the Consumer Financial Protection Bureau, explaining what has been going on with Onity Mortgage ( PHH Mortgage ).","date_sent_to_company":"2026-04-27T01:02:45.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"95822","tags":null,"has_narrative":true,"complaint_id":"21615233","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Ocwen Financial Corporation","date_received":"2026-04-26T23:54:36.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Trying to communicate with the company to fix an issue related to modification, forbearance, short sale, deed-in-lieu, bankruptcy, or foreclosure"},"highlight":{"complaint_what_happened":["However, I was not provided with a copy of the Delinquency Requirements criteria, which prevents me from understanding or verifying the basis for this <em>decision</em>. \nRegarding the XXXX  Helping Homeowners Modification, you indicated that a net present value ( NPV ) test was performed using account information and other <em>data</em> points. Yet, I was not provided with the NPV test results or the <em>data</em> inputs used."]},"sort":[6.847359,"21615233"]},{"_index":"complaint-public-v1","_id":"6924689","_score":6.794327,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"They are reporting negative or late payments. All 3 credit bureaus including XXXX XXXX showing my credit line amounts. Skip to content XXXX XXXX XXXX XXXX XXXX Login In Search XXXX Call Today : ( XXXX ) XXXX Fair Credit Reporting Act : Common Violations and Your Rights Updated : XX/XX/XXXX | XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX How to Increase Credit Score Fair Credit Reporting Act : Common Violations and Your Rights A consumers financial future can rise and fall on whats in their credit report so keeping a close eye on the contents should be important to everyone. Credit reports are used to decide who gets a loan, a credit card, a job, or even an apartment to rent, so few things are more crucial than having a credit report free of errors. \n\nStill, credit report errors are made, and the consequences can be devastating. Thats why its vital to look at your credit report at least once a year and make sure all the information in it, is accurate. Federal law allows you to get a free credit report from each of the three major reporting bureaus by signing up at XXXX. \n\nThe Fair Credit Reporting Act of 1970 Recognizing the life-altering power of credit information, Congress adopted the Fair Credit Reporting Act ( FCRA ) in 1970 to protect consumers and regulate how credit information is used and disseminated. The law gives consumers the right to know whats in their credit reports and free access to the information credit rating agencies use to assign credit scores. \n\nThe FCRA also requires that anyone who denies a person credit, insurance or employment because of what is in their credit report, tell you where they got the information and how to contact the issuer. \n\nThe Federal Trade Commission enforces the FCRA. The Dodd-Frank Act transferred most of the rulemaking responsibilities to the Consumer Financial Protection Bureau , but the FTC still retains enforcement authority.\n\nThe nations three largest credit reporting agencies Equifax, XXXX and XXXX are required by law to do everything in their power to accurately gather and report consumer information. Together, they keep files on more than 200 million Americans and issue more than three billion reports a year.\n\nGiven the volume of information, its inevitable that errors occur. The FCRA gives consumers the means to detect inaccuracies in their reports and file complaints. It also requires reporting agencies to investigate and correct bogus information. \n\nMistakes are often clerical, but sometimes theyre the result of old information reported as current. XXXX XXXX XXXX XXXXXXXX reported the troubles of a Mississippi woman whose {$40000.00} second-mortgage debt was discharged through a bankruptcy filing in XXXX. But four years later, the debt appeared on her report as unpaid. She tried repeatedly to get the error removed, but it took intervention from Mississippis attorney general to have her report corrected. \n\nCases like that are common. State attorneys investigate FCRA complaints and many have consumer information on their web pages to let people know what their rights are and the steps to take if they uncover erroneous information. \n\nCommon violations of the FCRA include : Failure to update reports after completion of bankruptcy is just one example. Agencies might also report old debts as new and report a financial account as active when it was closed by the consumer. \nCreditors give reporting agencies inaccurate financial information about you. \nReporting agencies mixing up one persons information with anothers because of similar ( or same ) name or social security number. \nAgencies fail to follow guidelines for handling disputes. \nPulling your report for an impermissible purpose. For instance, viewing a credit report to determine if you have assets before filing certain kinds of lawsuits. \nFailing to send you notifications about your credit report or score in violation of the FCRA. \nReporting agencies providing information to unauthorized persons or businesses. \nNot all FCRA actions are the result of errors or poorly maintained files. For example, the XXXX XXXX XXXX reported about a data broker that agreed to pay {$800000.00} in a settlement with the Federal Trade Commission for allegations he illegally sold personal information to human resources, background screening and recruiting companies. \n\nYour Rights Under the Fair Credit Reporting Act If youre turned down for credit or have some other reason to suspect that a credit report might have erroneously damaged you, get the name of the national credit agency that provided the report. A landlord who turned you down for bad credit or a bank that denied you a credit card will tell you which agency issued the report. \n\nNext, contact the agency and request a copy of the report. Keep in mind that if the report contains incorrect information, other agencies could be using the same information in their reports. The agency that provided the information must supply you with its report within 30 days of the denial for free. Otherwise, it can charge a fee to see a report. \n\nIf you find inaccurate or outdated information, notify the credit reporting agency in writing, explaining the error and demanding that it be immediately corrected. If the agency investigates and does nothing, and if you are still sure the report contains errors, contact the Federal Trade Commission or the state attorney generals office nearest you. \n\nIts important to know your rights under the Fair Credit Reporting Act : You have a right to know whats in your file. Contact the credit-rating agency that issued a report that was used to deny you credit, housing or employment. Youre entitled to a free report for any of these reasons : Information was used against you ; you are a victim of identity theft and place a fraud alert on your file ; your file contains inaccurate information that resulted from fraud ; youre on public assistance or you have been unemployed but expect to apply for work within 60 days. \nIf you have been the victim of identity theft, you are entitled to ask businesses for a copy of transaction records relating to the theft of your identity. For example, loan or credit card applications. You also may authorize law enforcement agencies to request the information. Businesses must provide it within 30 days of receiving the request. Some companies are reluctant to release this information claiming it is proprietary information or that they are protecting the consumer. However, the FCRA states that businesses are required to provide applications and business transaction records to help victims document fraudulent charges. The FTC outlines the obligations for businesses here. \nYou have a right to ask for your credit score. Credit reporting agencies provide these. In some instances, mortgage lenders will tell you your score when you apply for a loan. Also, some credit card issuers now include up-to-date scores in their monthly statements. \nYou have a right to dispute incomplete or inaccurate information in your report. \nCredit reporting agencies are obliged to correct or delete inaccurate, incomplete or unverifiable information. \nReporting agencies must not disseminate outdated negative information. \nInformation in your file is limited to those with a valid need for it. \nYou must give written consent for credit agencies to send your credit report to employers. \nIf your rights have been violated under the FCRA, you are entitled to seek actual or statutory damages, recover attorneys fees and court costs and request punitive damages. \n\nFair Credit Reporting Act Violations There are several common violations of the Fair Credit Reporting Act, involving both the thousands of companies reporting information and the three major bureaus taking the information and assigning it to your credit report. \n\nSome of the common violations include : Furnishing and Reporting Old Information When your credit circumstances change, your credit report must be updated. If its not, thats a violation. How could some violations occur? \n\nReporting a debt as charged off, when it was settled or paid off. \nReporting late payments when your payments were timely. \nReporting old debts as new ones. \nReporting that an account was active after it was voluntarily closed by a consumer. \nFailure to report that a debt was discharged in bankruptcy. \nReporting information that is more than XXXX years old ( when XXXX XXXX bankruptcy notices should lapse ) or XXXX years old ( XXXX  XXXX bankruptcy ). \nInaccurate statement of balance due. \nFailing to have a reasonable procedure for you to report identity theft ( or supplying credit information on an account where identity theft was previously reported ). \nMixing Files Mixing files with someone else who has similar background information ( sometimes as careless as failing to distinguish the Jr. and Sr. in similar surnames ). \n\nDebt Dispute Procedures for Credit Bureaus When submitting a written dispute about the accuracy of your credit report, the credit bureaus must follow proper procedures, such as conducting an investigation, correcting inaccuracies or removing a disputed debt. Sometimes, agencies fall short in these areas. \n\nDebt Dispute Violations for Creditors Creditors are obligated to note every disputed debt and submit corrected information, stop submitting incorrect information when it has been reported, conduct an internal investigation of disputes within 30 days and provide a reasonable procedure to submit a written dispute or report of identity theft. \n\nPrivacy Violations Your credit report can be disclosed only to entities with a valid need, such as creditors, landlords, insurance providers, utility companies and employers ( with your consent ). Its also a violation to pull a credit report for an impermissible purpose, such as determining if you are collectible in a lawsuit, an employer pulling the report without permission or a creditor on a discharged debt in bankruptcy using the report to check on your current financial activity. \n\nWithholding Notices You must be given notice on the reporting, handling and use of your credit information. Violations could include : A creditor failing to notify you when it supplies negative credit information. \nA user of credit information ( prospective employer or lender ) failing to notify you of a negative decision based upon your credit report. Or that user of credit information refusing to identify the source of credit information it obtained about you. \nA creditor failing to provide your credit score if it was used as part of any credit decision. \nA creditor failing to notify you of your right to obtain a free credit report. \nIts important to be educated and know your Fair Credit Reporting Act rights. \n\nRecovering Damages for FCRA Violations The information covered under the Fair Credit Reporting Act is so critical to the financial health of an individual that when violations of the FCRA occur, the victim can file suit and collect for damages. \n\nThe extent to which a victim can be compensated depends largely on whether the violation was willful or negligent. The parties responsible for possible violations include credit reporting agencies, businesses furnishing the information to credit agencies or someone using information off the credit report to make a decision about a job, or housing. \n\nWillful FCRA Violations These are the more serious violations and more highly compensated because it means the agency, business or individual was aware their actions would cause harm to you, but went ahead and did them anyway. \n\nThe types of damages that can be compensated here include : Actual damages. These are damages that can be proved because of harm caused by an action or failure to act by the agency, business or individual. There is no limit to how high an award can be. \nStatutory damages. These are damages that dont require proof, but the compensation is limited to somewhere between {$100.00} and {$1000.00}. \nPunitive damages. These are awarded to punish an agency, business or individual and deter them from violating the FCRA again. There is no limit on how much can be awarded. \nAttorney fees and court costs. You can have the cost of litigating the matter covered if you win your case. \nNegligent FCRA Violations When an agency, business or individual fails to exercise proper care or takes action that a reasonable person would not with regard to your credit information, that is negligent behavior and money damages can result. \n\nThe types of damages available are the same as with willful violations, namely actual damages ( no limit ) ; statutory damages ( usually between {$100.00} and {$1000.00} ) ; punitive damages ( no limit ) and attorney fees and court costs. \n\nFrivolous FCRA Lawsuit Penalties Credit reporting bureaus have the right to terminate investigations of violations if the agency determines that the consumers complaint is frivolous or irrelevant. \n\nTypically, this happens when the consumer fails to offer sufficient information to investigate the disputed information. \n\nThey also may lose a court case if they filed suit in bad faith or to harass an agency, business or individual. If this happens, the consumer may be required to pay the attorney fees for filing bad faith papers.\n\nDeadlines Here are four key deadlines to remember when dealing with the Fair Credit Reporting Act. \n\nInaccurate information must be corrected or deleted within 30 days of your dispute ( or up to 45 days if you provide additional information after submitting your written dispute ). \nBusinesses or other information furnishers must tell you about any negative information reported to the credit bureaus within 30 days. \nThe statute of limitations for filing a suit is two years after the date you discovered a violation or within five years of the date of the violation. \nXXXXXXXX XXXX XXXX The three major credit bureaus are required to provide you with one free copy of your credit report every year, if you request it. You must properly identify yourself, of course. The Web site XXXX is a prime place to obtain your free annual credit report. \n\nIn some cases, the credit bureaus also must provide you with another free copy of your credit report if : A business has denied your application or charged a higher interest rate because of information in your credit report. \nYoure unemployed and planning to look for a job within the next 60 days. \nYoure on welfare. \nYouve been a victim of identity theft ( or if your credit report contains inaccurate information because of identity theft ). \nOther Credit Reporting Agencies There is much emphasis on the three nationwide consumer reporting companies Equifax, XXXX and XXXX but its useful to know there are other sources of consumer reporting information. \n\nThe Consumer Financial Protection Bureau has published a list of other companies that self-identify as consumer reporting agencies. These companies collect information and provide reports to other companies about you in the areas of credit, employment, residential rental housing, insurance and other decision-making situations. Its worth a look to determine which of the companies could be important to you. \n\nThis list, while not all-inclusive, has been independently verified by the CFPB. \n\nMeanwhile, here are the best contact numbers for the XXXX nationwide consumer reporting companies : Equifax : ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) XXXX Problems with credit reporting bureaus are not unusual. Getting timely corrections on mistakes on your credit report can be difficult, but is worth pursuing. \n\nIf you have questions about the credit reporting bureaus and how information is gathered, you should contact a nonprofit credit counseling agency like XXXX and speak with a certified counselor about the problem. \n\nFair Credit Reporting Act XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX | We do not lend money.","date_sent_to_company":"2023-05-04T03:51:52.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"20877","tags":null,"has_narrative":true,"complaint_id":"6924689","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2023-05-04T03:26:54.000Z","state":"MD","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["These companies collect information and provide reports to other companies about you in the areas of credit, employment, residential rental housing, insurance and other <em>decision</em>-<em>making</em> situations. Its worth a look to determine which of the companies could be important to you. \n\nThis list, while not all-inclusive, has been independently verified by the CFPB."]},"sort":[6.794327,"6924689"]},{"_index":"complaint-public-v1","_id":"6924561","_score":6.783905,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"They are reporting negative or late payments. All 3 credit bureaus including credit Karma showing my credit line amounts. Skip to content XXXX XXXX XXXX XXXX XXXX XXXX In Search XXXX Call Today : ( XXXX ) XXXX Fair Credit Reporting Act : Common Violations and Your Rights Updated : XX/XX/XXXX | XXXX XXXX XXXX Credit Card Debt Relief Credit Counseling How to Increase Credit Score Fair Credit Reporting Act : Common Violations and Your Rights A consumers financial future can rise and fall on whats in their credit report so keeping a close eye on the contents should be important to everyone. Credit reports are used to decide who gets a loan, a credit card, a job, or even an apartment to rent, so few things are more crucial than having a credit report free of errors. \n\nStill, credit report errors are made, and the consequences can be devastating. Thats why its vital to look at your credit report at least once a year and make sure all the information in it, is accurate. Federal law allows you to get a free credit report from each of the three major reporting bureaus by signing up at XXXX. \n\nThe Fair Credit Reporting Act of 1970 Recognizing the life-altering power of credit information, Congress adopted the Fair Credit Reporting Act ( FCRA ) in 1970 to protect consumers and regulate how credit information is used and disseminated. The law gives consumers the right to know whats in their credit reports and free access to the information credit rating agencies use to assign credit scores. \n\nThe FCRA also requires that anyone who denies a person credit, insurance or employment because of what is in their credit report, tell you where they got the information and how to contact the issuer. \n\nThe Federal Trade Commission enforces the FCRA. The Dodd-Frank Act transferred most of the rulemaking responsibilities to the Consumer Financial Protection Bureau XXXX but the FTC still retains enforcement authority. \n\nThe nations three largest credit reporting agencies XXXX, XXXX and TransUnion are required by law to do everything in their power to accurately gather and report consumer information. Together, they keep files on more than 200 million Americans and issue more than three billion reports a year.\n\nGiven the volume of information, its inevitable that errors occur. The FCRA gives consumers the means to detect inaccuracies in their reports and file complaints. It also requires reporting agencies to investigate and correct bogus information. \n\nMistakes are often clerical, but sometimes theyre the result of old information reported as current. XXXX XXXX XXXX XXXXXXXX reported the troubles of a Mississippi woman whose {$40000.00} second-mortgage debt was discharged through a bankruptcy filing in XXXX. But four years later, the debt appeared on her report as unpaid. She tried repeatedly to get the error removed, but it took intervention from Mississippis attorney general to have her report corrected. \n\nCases like that are common. State attorneys investigate FCRA complaints and many have consumer information on their web pages to let people know what their rights are and the steps to take if they uncover erroneous information. \n\nCommon violations of the FCRA include : Failure to update reports after completion of bankruptcy is just one example. Agencies might also report old debts as new and report a financial account as active when it was closed by the consumer. \nCreditors give reporting agencies inaccurate financial information about you. \nReporting agencies mixing up one persons information with anothers because of similar ( or same ) name or social security number. \nAgencies fail to follow guidelines for handling disputes. \nPulling your report for an impermissible purpose. For instance, viewing a credit report to determine if you have assets before filing certain kinds of lawsuits. \nFailing to send you notifications about your credit report or score in violation of the FCRA. \nReporting agencies providing information to unauthorized persons or businesses. \nNot all FCRA actions are the result of errors or poorly maintained files. For example, the XXXX XXXX XXXX reported about a data broker that agreed to pay {$800000.00} in a settlement with the Federal Trade Commission for allegations he illegally sold personal information to human resources, background screening and recruiting companies. \n\nYour Rights Under the Fair Credit Reporting Act If youre turned down for credit or have some other reason to suspect that a credit report might have erroneously damaged you, get the name of the national credit agency that provided the report. A landlord who turned you down for bad credit or a bank that denied you a credit card will tell you which agency issued the report. \n\nNext, contact the agency and request a copy of the report. Keep in mind that if the report contains incorrect information, other agencies could be using the same information in their reports. The agency that provided the information must supply you with its report within 30 days of the denial for free. Otherwise, it can charge a fee to see a report. \n\nIf you find inaccurate or outdated information, notify the credit reporting agency in writing, explaining the error and demanding that it be immediately corrected. If the agency investigates and does nothing, and if you are still sure the report contains errors, contact the Federal Trade Commission or the state attorney generals office nearest you. \n\nIts important to know your rights under the Fair Credit Reporting Act : You have a right to know whats in your file. Contact the credit-rating agency that issued a report that was used to deny you credit, housing or employment. Youre entitled to a free report for any of these reasons : Information was used against you ; you are a victim of identity theft and place a fraud alert on your file ; your file contains inaccurate information that resulted from fraud ; youre on public assistance or you have been unemployed but expect to apply for work within 60 days. \nIf you have been the victim of identity theft, you are entitled to ask businesses for a copy of transaction records relating to the theft of your identity. For example, loan or credit card applications. You also may authorize law enforcement agencies to request the information. Businesses must provide it within 30 days of receiving the request. Some companies are reluctant to release this information claiming it is proprietary information or that they are protecting the consumer. However, the FCRA states that businesses are required to provide applications and business transaction records to help victims document fraudulent charges. The FTC outlines the obligations for businesses here. \nYou have a right to ask for your credit score. Credit reporting agencies provide these. In some instances, mortgage lenders will tell you your score when you apply for a loan. Also, some credit card issuers now include up-to-date scores in their monthly statements. \nYou have a right to dispute incomplete or inaccurate information in your report. \nCredit reporting agencies are obliged to correct or delete inaccurate, incomplete or unverifiable information. \nReporting agencies must not disseminate outdated negative information. \nInformation in your file is limited to those with a valid need for it. \nYou must give written consent for credit agencies to send your credit report to employers. \nIf your rights have been violated under the FCRA, you are entitled to seek actual or statutory damages, recover attorneys fees and court costs and request punitive damages. \n\nFair Credit Reporting Act Violations There are several common violations of the Fair Credit Reporting Act, involving both the thousands of companies reporting information and the three major bureaus taking the information and assigning it to your credit report. \n\nSome of the common violations include : Furnishing and Reporting Old Information When your credit circumstances change, your credit report must be updated. If its not, thats a violation. How could some violations occur? \n\nReporting a debt as charged off, when it was settled or paid off. \nReporting late payments when your payments were timely. \nReporting old debts as new ones. \nReporting that an account was active after it was voluntarily closed by a consumer. \nFailure to report that a debt was discharged in bankruptcy. \nReporting information that is more than seven years old ( when XXXX XXXX bankruptcy notices should lapse ) or 10 years old ( XXXX XXXX bankruptcy ). \nInaccurate statement of balance due. \nFailing to have a reasonable procedure for you to report identity theft ( or supplying credit information on an account where identity theft was previously reported ). \nMixing Files Mixing files with someone else who has similar background information ( sometimes as careless as failing to distinguish the Jr. and Sr. in similar surnames ). \n\nDebt Dispute Procedures for Credit Bureaus When submitting a written dispute about the accuracy of your credit report, the credit bureaus must follow proper procedures, such as conducting an investigation, correcting inaccuracies or removing a disputed debt. Sometimes, agencies fall short in these areas. \n\nDebt Dispute Violations for Creditors Creditors are obligated to note every disputed debt and submit corrected information, stop submitting incorrect information when it has been reported, conduct an internal investigation of disputes within 30 days and provide a reasonable procedure to submit a written dispute or report of identity theft. \n\nPrivacy Violations Your credit report can be disclosed only to entities with a valid need, such as creditors, landlords, insurance providers, utility companies and employers ( with your consent ). Its also a violation to pull a credit report for an impermissible purpose, such as determining if you are collectible in a lawsuit, an employer pulling the report without permission or a creditor on a discharged debt in bankruptcy using the report to check on your current financial activity. \n\nWithholding Notices You must be given notice on the reporting, handling and use of your credit information. Violations could include : A creditor failing to notify you when it supplies negative credit information. \nA user of credit information ( prospective employer or lender ) failing to notify you of a negative decision based upon your credit report. Or that user of credit information refusing to identify the source of credit information it obtained about you. \nA creditor failing to provide your credit score if it was used as part of any credit decision. \nA creditor failing to notify you of your right to obtain a free credit report. \nIts important to be educated and know your Fair Credit Reporting Act rights. \n\nRecovering Damages for FCRA Violations The information covered under the Fair Credit Reporting Act is so critical to the financial health of an individual that when violations of the FCRA occur, the victim can file suit and collect for damages. \n\nThe extent to which a victim can be compensated depends largely on whether the violation was willful or negligent. The parties responsible for possible violations include credit reporting agencies, businesses furnishing the information to credit agencies or someone using information off the credit report to make a decision about a job, or housing. \n\nWillful FCRA Violations These are the more serious violations and more highly compensated because it means the agency, business or individual was aware their actions would cause harm to you, but went ahead and did them anyway. \n\nThe types of damages that can be compensated here include : Actual damages. These are damages that can be proved because of harm caused by an action or failure to act by the agency, business or individual. There is no limit to how high an award can be. \nStatutory damages. These are damages that dont require proof, but the compensation is limited to somewhere between {$100.00} and {$1000.00}. \nPunitive damages. These are awarded to punish an agency, business or individual and deter them from violating the FCRA again. There is no limit on how much can be awarded. \nAttorney fees and court costs. You can have the cost of litigating the matter covered if you win your case. \nNegligent FCRA Violations When an agency, business or individual fails to exercise proper care or takes action that a reasonable person would not with regard to your credit information, that is negligent behavior and money damages can result. \n\nThe types of damages available are the same as with willful violations, namely actual damages ( no limit ) ; statutory damages ( usually between {$100.00} and {$1000.00} ) ; punitive damages ( no limit ) and attorney fees and court costs. \n\nFrivolous FCRA XXXX XXXX XXXX reporting bureaus have the right to terminate investigations of violations if the agency determines that the consumers complaint is frivolous or irrelevant. \n\nTypically, this happens when the consumer fails to offer sufficient information to investigate the disputed information. \n\nThey also may lose a court case if they filed suit in bad faith or to harass an agency, business or individual. If this happens, the consumer may be required to pay the attorney fees for filing bad faith papers.\n\nDeadlines Here are four key deadlines to remember when dealing with the Fair Credit Reporting Act. \n\nInaccurate information must be corrected or deleted within 30 days of your dispute ( or up to 45 days if you provide additional information after submitting your written dispute ). \nBusinesses or other information furnishers must tell you about any negative information reported to the credit bureaus within 30 days. \nThe statute of limitations for filing a suit is two years after the date you discovered a violation or within five years of the date of the violation. \nXXXXXXXX XXXX XXXX  The three major credit bureaus are required to provide you with one free copy of your credit report every year, if you request it. You must properly identify yourself, of course. The Web site XXXX is a prime place to obtain your free annual credit report. \n\nIn some cases, the credit bureaus also must provide you with another free copy of your credit report if : A business has denied your application or charged a higher interest rate because of information in your credit report. \nYoure unemployed and planning to look for a job within the next 60 days. \nYoure on welfare. \nYouve been a victim of identity theft ( or if your credit report contains inaccurate information because of identity theft ). \nOther Credit Reporting Agencies There is much emphasis on the three nationwide consumer reporting companies XXXX, XXXX and TransUnion but its useful to know there are other sources of consumer reporting information. \n\nThe Consumer Financial Protection Bureau has published a list of other companies that self-identify as consumer reporting agencies. These companies collect information and provide reports to other companies about you in the areas of credit, employment, residential rental housing, insurance and other decision-making situations. Its worth a look to determine which of the companies could be important to you. \n\nThis list, while not all-inclusive, has been independently verified by the CFPB. \n\nMeanwhile, here are the best contact numbers for the XXXX nationwide consumer reporting companies : XXXX : ( XXXX ) XXXXXXXX XXXX XXXX  ( XXXX ) XXXX TransUnion : ( XXXX ) XXXX Problems with credit reporting bureaus are not unusual. Getting timely corrections on mistakes on your credit report can be difficult, but is worth pursuing. \n\nIf you have questions about the credit reporting bureaus and how information is gathered, you should contact a nonprofit credit counseling agency like XXXX and speak with a certified counselor about the problem. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX We do not lend money.","date_sent_to_company":"2023-05-04T03:52:02.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"20877","tags":null,"has_narrative":true,"complaint_id":"6924561","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2023-05-04T03:51:57.000Z","state":"MD","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":["These companies collect information and provide reports to other companies about you in the areas of credit, employment, residential rental housing, insurance and other <em>decision</em>-<em>making</em> situations. Its worth a look to determine which of the companies could be important to you. \n\nThis list, while not all-inclusive, has been independently verified by the CFPB."]},"sort":[6.783905,"6924561"]},{"_index":"complaint-public-v1","_id":"6652671","_score":6.695592,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Dispute of Inaccurate Credit Report Information To Whom It May Concern, I am writing to dispute inaccurate information on my credit report that has been reported by XXXX XXXX  Specifically, XXXX XXXX  has reported a charged off account which is a violation of the Fair Credit Reporting Act ( FCRA ) as defined by Sections 1681e and 1681i of the FCRA ( 15 U.S.C. 1681-1681x ), as well as other federal laws and regulations. \n\nI am writing to dispute inaccurate information on my credit report that relates to my account with XXXX XXXX. The account information on my credit report is as follows : Account Number : XXXX Original Creditor : - Company Sold : XXXXXXXX XXXX XXXX Account Type : Unsecured Loan Date Opened : XX/XX/XXXX Open/Closed : Closed Status : Charge-off Status Updated : XX/XX/XXXX Balance : {$0.00} Balance Updated : XX/XX/XXXX Original Balance : {$33000.00} Monthly Payment : - Past Due Amount : - Highest Balance : - Terms : 60 Months Responsibility : Individual I believe that the information listed above is inaccurate and unfairly damaging my credit score. I dispute this information on the grounds that XXXXXXXX XXXX has violated federal laws in their collection activities against me. Specifically, I believe that XXXXXXXX XXXX violated the following USC Codes : USC 1692e - False or misleading representations USC 1692f - Unfair practices USC 1681s-2 - Duties of furnishers of information to consumer reporting agencies USC 1692d - Harassment or abuse USC 1692c - Communication in connection with debt collection USC 1692b - Acquisition of location information USC 1692a - Definitions Furthermore, I have previously sent two certified letters to your offices, the first letter was for debt validation made pursuant to Title X 111-203q Sec. 809 ( b ) of the FDCPA. I respectfully requested that your offices provide me with competent evidence that I have any legal obligation to pay you. The second letter refers to Acceptance for Value and Counter Offer/Claim for Proof of Claim . \nDespite my attempts to resolve this issue, XXXXXXXX XXXX has continued to violate my rights as a consumer. Specifically, I am troubled by the fact that you charged off my debt in XX/XX/XXXX, just a few months after opening the account in XX/XX/XXXX. This action violates USC 1692e, which prohibits false or misleading representations in connection with debt collection. I believe that charging off a debt so soon after it was opened is not only unfair but also misleading to consumers. \nAdditionally, XXXXXXXX XXXX sold my debt to XXXX XXXX XXXX on XX/XX/XXXX. According to my credit report, XXXX XXXX XXXX is reporting the account as seriously past due and assigned to an attorney, collection agency, or credit grantor 's internal collection department. This action violates USC 1692d, which prohibits harassment or abuse in connection with debt collection, and USC 1692c, which regulates communication in connection with debt collection. \nI demand that XXXXXXXX XXXX take immediate action to correct the inaccurate information on my credit report and provide monetary relief for the damages caused by your violations. I request that XXXX XXXX  pay me {$1000.00} per violation in accordance with the CFPB 's past cases where clients received monetary relief for similar violations. \n\nUnder the FCRA, consumer reporting agencies must follow certain procedures for reporting information about consumers ' creditworthiness including when reporting \" charged off '' debts. Sections 1681e and 1681i of the FCRA require consumer reporting agencies to follow reasonable procedures to ensure the accuracy of consumer credit information and to promptly investigate disputes. Additionally, the FCRA allows for consumers to dispute inaccurate information on their credit reports and request corrections. \n\nIn XXXX, the Consumer Financial Protection Bureau ( CFPB ) took action against several large credit reporting agencies, including XXXXXXXX XXXX for violations of the FCRA, resulting in millions of dollars in monetary relief for affected consumers. The CFPB alleged that these credit reporting agencies failed to maintain accurate information and failed to investigate disputes in a timely manner. As a victim of unfair debt collection practices, I am writing to express my concerns about the charge-off reporting on my credit report. Despite my numerous attempts to resolve the debt, XXXXXXXX XXXX has failed to respond to my requests for validation or to provide proof of the alleged debt. Instead, they charged off the debt and continued to report it to the credit bureaus, damaging my credit score and causing me financial hardship. \n\nIt is important to note that charging off a debt does not mean that the debt is forgiven or that the consumer is no longer liable for the debt. Charging off a debt simply means that the lender has written off the debt as uncollectible and has claimed it as a loss on their tax return. However, the debt remains on the consumer 's credit report and can continue to be reported by the lender, causing significant harm to the consumer 's credit score and financial reputation. \n\nFurthermore, the decision to charge off a debt should only be made after the lender has exhausted all other efforts to collect the debt, including sending validation of the debt, negotiating payment arrangements, and pursuing legal action if necessary. In my case, XXXXXXXX XXXX failed to provide any validation of the debt, refused to negotiate payment arrangements, and instead pursued legal action against me without providing proof of the debt. \n\nThis is a clear violation of several federal laws, including the Fair Debt Collection Practices Act ( FDCPA ), which prohibits debt collectors from making false or misleading statements and from using unfair or abusive practices to collect a debt. Additionally, the Fair Credit Reporting Act ( FCRA ) requires that all information on a consumer 's credit report be accurate, verifiable, and complete. Reporting a charge-off without proper validation or documentation violates these laws and can result in significant damages to the consumer. \n\nI am requesting that XXXXXXXX XXXX take immediate action to remove the charge-off from my credit report, provide proof of the alleged debt, and compensate me for any damages incurred as a result of their unfair and illegal debt collection practices. I am also requesting that they stop all legal action against me until the debt has been properly validated and resolved. \n\nDue process is a constitutional right that guarantees individuals fair treatment under the law. In my case, I reached out to XXXXXXXX XXXX. multiple times via certified mail to remedy my accounts and provide debt validation, but they failed to respond. This lack of response is a violation of my due process rights, as it denies me the opportunity to address and resolve any issues with my accounts. \n\nThe USC code that pertains to this violation is USC 1692g, which requires debt collectors to provide consumers with written validation of the debt within five days of initial contact. Failure to provide validation can result in a violation of the Fair Debt Collection Practices Act ( FDCPA ) and may entitle the consumer to statutory damages. \nFurthermore XXXXXXXX XXXX. charged off my debt and reported it to credit bureaus, which has negatively impacted my credit score and reputation.\n\nThis reporting is a violation of the Fair Credit Reporting Act ( FCRA ), which mandates that credit reporting agencies and creditors report accurate and complete information. Charging off a debt does not relieve a creditor of the responsibility to report the accurate status of the account. \nThe USC code that pertains to this violation is USC 1681s-2 ( a ), which states that furnishers of information to credit reporting agencies must provide accurate and complete information. Violations of this section can result in liability for actual and punitive damages, as well as attorney 's fees and costs. \n\nI encourage the CFPB to take action against XXXX XXXX for their illegal and unethical practices. It is unacceptable for a financial institution to take advantage of consumers in this manner, and I hope that my case will serve as a warning to others who may be experiencing similar issues. \n\nIn addition to FCRA violations, XXXXXXXX XXXX has also violated other federal laws and regulations, including the Privacy Act of 1974 ( 5 U.S.C. 522a ), the Gramm-Leach-Bliley Act ( 15 USC 1681, 15 USC 6801-6809 ), the Code of Federal Regulations ( CFR 313.1-313.7, 16 CFR 433.2-433.3 ), and the Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. 1692-1692p ). XXXXXXXX XXXX has also failed to adequately protect my personal information, which is a violation of the Identity Theft and Assumption Deterrence Act of 1998 ( 18 U.S. Code 1028 ). \n\nFCRA : Actual damages : Any financial loss or harm suffered by the consumer as a result of the inaccurate information reported by the credit reporting agency, such as denial of credit, higher interest rates, or loss of employment. \nPunitive damages : Additional damages awarded to punish the credit reporting agency for willful or negligent violations of the FCRA. \nStatutory damages : A fixed amount of damages awarded to the consumer for each violation of the FCRA, regardless of whether any actual harm was suffered. The amount of statutory damages can range from {$100.00} to {$1000.00} per violation, depending on the nature and severity of the violation. \n\nExamples of FCRA violations that can result in damages include : 1. Reporting inaccurate information on the consumer 's credit report, such as a charged off account that has been paid in full or a debt that does not belong to the consumer.\n\n2. Failing to correct inaccurate information on the consumer 's credit report after receiving a dispute from the consumer.\n\n3. Failing to conduct a reasonable investigation of a consumer dispute.\n\n4. Continuing to report inaccurate information on the consumer 's credit report even after being informed of the inaccuracy. \n\nUSC codes related to the FCRA : Sections 1681e and 1681i of the FCRA 15 U.S.C. 1681-1681x USC codes related to the FDCPA : 15 U.S.C. 1692-1692p USC codes related to the TILA : 15 U.S.C. 1601-1667f FDCPA : Actual damages : Any financial loss or harm suffered by the consumer as a result of the debt collector 's actions, such as lost wages or medical expenses. \nStatutory damages : A fixed amount of damages awarded to the consumer for each violation of the FDCPA, regardless of whether any actual harm was suffered. The amount of statutory damages can range from {$100.00} to {$1000.00} per violation, depending on the nature and severity of the violation. \n\nAttorney 's fees : If the consumer prevails in a lawsuit against the debt collector, the court may order the debt collector to pay the consumer 's attorney 's fees. \nExamples of FDCPA violations that can result in damages include : Harassing or abusive language used by the debt collector, such as threats of violence or using profanity. \n\n1. Falsely representing the amount or nature of the debt owed.\n\n2. Falsely representing that the debt collector is an attorney or government representative.\n\n3. Failing to validate the debt within 30 days of the initial contact with the consumer. \nTILA : Actual damages : Any financial loss or harm suffered by the consumer as a result of the creditor 's failure to disclose required information, such as hidden fees or incorrect interest rates. \n\nStatutory damages : A fixed amount of damages awarded to the consumer for certain violations of the TILA, regardless of whether any actual harm was suffered. The amount of statutory damages can range from {$400.00} to {$4000.00} per violation, depending on the nature and severity of the violation. \n\nRescission : The right of the consumer to cancel certain types of loans within a specified period of time if the creditor fails to provide the required disclosures. \n\nExamples of TILA violations that can result in damages include : 1. Failing to provide the consumer with a written disclosure of the finance charge, annual percentage rate ( APR ), and other important terms of the loan. \nXXXX. Failing to provide the consumer with a right of rescission for certain types of loans, such as home equity loans. \nMisrepresenting the terms or conditions of the loan, such as falsely stating that the loan has a fixed interest rate when it actually has a variable rate. \n\nThere have been several recent case studies where the CFPB has awarded monetary relief to consumers for violations of the FCRA and other relevant laws. In XXXX, XXXX, XXXX, and Experian agreed to pay a combined {$26.00} XXXX in restitution to affected consumers for FCRA violations. In XXXX, the CFPB ordered XXXX XXXX XXXX XXXX to pay {$1.00} XXXX in restitution to affected consumers for violations of the Electronic Fund Transfer Act and Regulation E. \nXXXX appears to be in violation of the Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. 1692-1692p ) and the Truth in Lending Act ( TILA ) ( 15 U.S.C. 1601-1667f ). The FDCPA prohibits debt collectors from using false, deceptive, or misleading representations or means in connection with the collection of any debt. The TILA requires creditors to provide certain disclosures about the terms and conditions of a consumer credit transaction. Failure to comply with these laws can result in monetary damages and statutory penalties. \n\nUnder the FCRA, consumer reporting agencies must follow certain procedures for reporting information about consumers ' creditworthiness, including when reporting \" charged off '' debts. Sections 1681e and 1681i of the FCRA require consumer reporting agencies to follow reasonable procedures to ensure the accuracy of consumer credit information and to promptly investigate disputes. Violations of the FCRA can result in actual damages, punitive damages, and attorney fees. \n\nExamples of damages related to FCRA violations include : 1. Denial of credit or employment 2. Higher interest rates on loans 3. Increased insurance premiums 4. Emotional distress and loss of enjoyment of life XXXXXXXX XXXX inaccurate reporting of the charged off account on your credit report is a violation of the FCRA. In XXXX, the Consumer Financial Protection Bureau ( CFPB ) took action against several large credit reporting agencies, including XXXXXXXX XXXX, for violations of the FCRA, resulting in millions of dollars in monetary relief for affected consumers. The CFPB alleged that these credit reporting agencies failed to maintain accurate information and failed to investigate disputes in a timely manner. \n\nThe FDCPA, which is enforced by the Federal Trade Commission ( FTC ), protects consumers from abusive debt collection practices. 15 U.S.C. 1692-1692p outline the regulations that debt collectors must follow. Violations of the FDCPA can result in actual damages, statutory damages, and attorney fees. \n\nExamples of damages related to FDCPA violations include : 1. Harassment or abuse 2. False or misleading representations 3. Unfair or unconscionable practices The Truth in Lending Act ( TILA ) is a federal law that requires creditors to disclose certain information to borrowers, including the annual percentage rate ( APR ), finance charges, and the total cost of credit. 15 U.S.C. 1601-1667f outline the regulations that creditors must follow. Violations of the TILA can result in actual damages, statutory damages, and attorney fees. \n1. Examples of damages related to TILA violations include : 2. Payment of excessive fees 3. Overcharging for credit 4. Failure to disclose required information It is possible that XXXX XXXX actions, including the terms of the credit card agreement and any fees charged, may constitute violations of the TILA. \nThe Privacy Act of 1974 ( 5 U.S.C. 522a ) is a federal law that governs the collection, maintenance, use, and dissemination of personal information by federal agencies. It also provides individuals with certain rights to access and amend their own records. Violations of the Privacy Act can result in actual damages, punitive damages, and attorney fees. \nXXXXXXXX XXXX failure to adequately protect your personal information, which was disclosed in the complaint, may constitute a violation of the Privacy Act. \nIn conclusion XXXXXXXX XXXX inaccurate reporting of the charged off account and the actions of the XXXX XXXX XXXX may have violated several federal laws, including the FCRA, FDCPA, TILA, and Privacy Act. \nThese violations may have resulted in actual damages, statutory damages, and attorney fees I would like to emphasize the emotional distress and financial hardship that XXXXXXXX XXXX and the XXXX XXXX XXXX have caused me and my family. The inaccurate reporting of the charged off debt has negatively impacted my credit score and financial standing, making it difficult for me to obtain credit or loans, which has caused significant stress and anxiety. \n\nFurthermore, the burden of defending against a lawsuit and potentially paying for damages and legal fees has taken a toll on me and my family. This has prevented me from investing in new business ventures or pursuing other opportunities that would have helped improve my financial situation. \n\nI strongly urge XXXXXXXX XXXX and the XXXX XXXX XXXX to correct any inaccurate information related to the charged off debt and to provide me with a written explanation of the investigation and resolution of any disputes. I also request that they provide me with a copy of my credit report and any information related to the charged off debt that has been provided to third parties. \n\nXXXXXXXX XXXX has violated the Fair Credit Reporting Act ( FCRA ) by reporting inaccurate and misleading information to credit reporting agencies. Pursuant to 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ), XXXX XXXX has a duty to provide accurate and complete information to credit reporting agencies. However, the data provided clearly shows that XXXXXXXX XXXX  has reported inaccurate and false information regarding my accounts, including the status and amount of the debt owed. This has resulted in significant harm to my credit score and overall financial standing. \n\nAdditionally, XXXXXXXX XXXX has violated the Fair Debt Collection Practices Act ( FDCPA ) by engaging in abusive and harassing behavior towards me. Pursuant to 15 U.S.C. 1692d, debt collectors are prohibited from engaging in conduct that is intended to harass, oppress, or abuse any person. However, the data provided shows that XXXXXXXX XXXX has engaged in repeated and aggressive phone calls and letters, despite my requests to cease such communication. This conduct has caused significant emotional distress and anxiety for me and it has affected my cognitive abilities to focus on daily task and functioning. \n\nFurthermore, XXXXXXXX XXXX has violated the Truth in Lending Act ( TILA ) by failing to disclose important information regarding my account. Pursuant to 15 U.S.C. 1638 ( a ) ( 2 ), creditors are required to disclose the finance charge, annual percentage rate ( APR ), and other important terms and conditions of a credit account. However, the data provided shows that XXXXXXXX XXXX failed to disclose certain fees and charges associated with the account, resulting in unexpected and excessive charges. \n\nFinally, XXXXXXXX XXXX has violated 18 U.S.C. 242 by engaging in conduct that constitutes a color of law violation. Pursuant to this statute, it is illegal for any person, acting under color of law, to deprive another person of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States. The data provided shows that XXXXXXXX XXXX has engaged in deceptive and unfair practices, this resulted in reporting inaccurate information to credit reporting agencies, engaging in abusive debt collection practices, and failing to disclose important information regarding his account. These practices have deprived me of my rights to fair and accurate credit reporting, protection from abusive debt collection practices, and full disclosure of the terms and conditions of his account. \nIn light of these violations, I urge the Consumer Financial Protection Bureau ( CFPB ) to investigate XXXXXXXX XXXX to conduct and take appropriate action to hold them accountable for their actions. I deserve fair and just treatment, and it is imperative that financial institutions such as XXXX XXXX are held to the highest standards of fairness, transparency, and accountability. \nLastly, I have not given consent for XXXXXXXX XXXX to share my personal information with third-party companies, yet I have received numerous calls and emails from companies claiming to have received my information from XXXXXXXX XXXX  XXXX This is a clear violation of the Gramm-Leach-Bliley Act ( GLBA ), which requires financial institutions to safeguard their customers ' personal information. I have experienced unprofessional behavior from XXXXXXXX XXXX representatives. When attempting to resolve issues with my account, I have been met with hostility and condescension. This is not only disrespectful, but it is also a violation of the Fair Debt Collection Practices Act and the Consumer Financial Protection Act. \n\nFurthermore, I have been provided with deceptive contract terms and language. The terms and conditions presented to me were confusing and intentionally misleading. This violates USC codes 15 U.S. Code 41, which prohibits unfair or deceptive acts or practices in commerce. \n\nOverall, these actions by XXXXXXXX XXXX have caused significant harm to me and my financial situation, and I urge the CFPB to take swift action against them. I request that the CFPB hold XXXXXXXX XXXX accountable for violating the EFTA, TISA, FDCPA, CFPA, USC 15 U.S. Code 41, and GLBA. Additionally, I request that I receive monetary relief and account remedy for the harm caused to me and my family. \n\nI am writing to express my deep concern regarding the treatment I have received from your company. Despite my efforts to remedy the issues with my account, I have not received any satisfactory resolution. I have contacted your company via certified mail on two separate occasions, yet I have not received any response or action regarding my concerns. \n\nFurthermore, I have requested debt validation and acceptance for value and counteroffer/claim for proof of claim, but your company has failed to provide me with any evidence or documentation to support their claims against me. This is a clear violation of the Fair Debt Collection Practices Act and the Consumer Financial Protection Act. \n\nI believe that your company has committed several violations of the USC codes, including USC 15 1692 et seq. and USC 12 5536, which prohibit unfair, deceptive, or abusive acts or practices in consumer financial products or services. \n\nIn addition, your company 's actions have caused me significant financial and emotional damages. I have experienced unauthorized overdraft fees, unprofessional behavior from XXXX Bank representatives, and deceptive contract terms and language. These actions are also a violation of USC codes 15 U.S. Code 41 and the Gramm-Leach-Bliley Act, which requires financial institutions to safeguard their customers ' personal information. \nI would like to urge your company to take immediate action to remedy my accounts and provide me with monetary relief for the damages I have incurred. I am also requesting that you provide me with documentation that supports the claims made against me, as well as evidence of the credit card agreement that was allegedly entered into on XX/XX/XXXX. \n\nFurthermore, I would like to draw your attention to the issue of language fraud, which is a violation of USC 18 1343. Your company has created a security in my name and made an XXXX out of my name without my knowledge or consent. This is a clear violation of my rights and is a form of language fraud.\n\nUSC Codes related to my case : 1. USC 15 1692 et seq.\n\n2. USC 12 5536 3. USC 15 U.S. Code 41 4. Gramm-Leach-Bliley Act 5. USC 18 1343 I have recently discovered that XXXX Bank has created a security in my name and made an LLC out of my name, XXXX XXXX XXXX, without my knowledge or consent. This is a clear violation of the U.S. Code, specifically USC Title 15, Chapter 2D, Section 78c, which defines what constitutes a security. It is also a violation of my privacy and personal rights. \n\nAs a valued customer of XXXX Bank, I expect transparency and respect when it comes to my personal information and financial accounts. It is concerning to me that this security was created without my knowledge or consent, and I request immediate action to remedy this situation. \n\nI kindly ask that you provide me with a detailed explanation of how this security was created and what steps will be taken to correct this issue. Additionally, I request that you provide me with any and all documentation related to this security and LLC. \nI trust that you will take this matter seriously and work to resolve this issue in a timely and efficient manner. Thank you for your attention to this matter. \n\nI have not given consent for XXXX Bank to share my personal information with third-party companies, yet I have received numerous calls and emails from companies claiming to have received my information from XXXX Bank XXXX This is a clear violation of the XXXX XXXX ( XXXX ), which requires financial institutions to safeguard their customers ' personal information. I have experienced unprofessional behavior from XXXX Bank representatives. When attempting to resolve issues with my account, I have been met with hostility and condescension. This is not only disrespectful, but it is also a violation of the Fair Debt Collection Practices Act and the Consumer Financial Protection Act. \n\nFurthermore, I have been provided with deceptive contract terms and language. The terms and conditions presented to me were confusing and intentionally misleading. \nThis violates XXXX XXXX XXXX XXXX XXXX XXXX, which prohibits unfair or deceptive acts or practices in commerce. \n\nOverall, these actions by XXXX Bank have caused significant harm to me and my financial situation, and I urge the CFPB to take swift action against them. I request that the CFPB hold XXXX Bank accountable for violating the XXXX, XXXX, FDCPA, XXXX, XXXX XXXX XXXX Code XXXX, and XXXX. Additionally, I request that I receive monetary relief and account remedy for the harm caused to me and my family. \nXXXX XXXX XXXX XXXX I am writing to express my deep concern regarding the treatment I have received from your company. Despite my efforts to remedy the issues with my account, I have not received any satisfactory resolution. I have contacted your company via certified mail on XXXX separate occasions, yet I have not received any response or action regarding my concerns. \n\nFurthermore, I have requested debt validation and acceptance for value and counteroffer/claim for proof of claim, but your company has failed to provide me with any evidence or documentation to support their claims against me. This is a clear violation of the Fair Debt Collection Practices Act and the Consumer Financial Protection Act.","date_sent_to_company":"2023-03-07T02:59:35.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"48188","tags":null,"has_narrative":true,"complaint_id":"6652671","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-03-07T02:59:24.000Z","state":"MI","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Failing to provide the consumer with a written disclosure of the finance charge, annual percentage rate ( APR ), and other important terms of the <em>loan</em>. \nXXXX. Failing to provide the consumer with a right of rescission for certain types of <em>loans</em>, such as home equity <em>loans</em>. \nMisrepresenting the terms or conditions of the <em>loan</em>, such as falsely stating that the <em>loan</em> has a fixed interest rate when it actually has a variable rate."]},"sort":[6.695592,"6652671"]},{"_index":"complaint-public-v1","_id":"6652670","_score":6.682254,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Dispute of Inaccurate Credit Report Information To Whom It May Concern, I am writing to dispute inaccurate information on my credit report that has been reported by XXXXXXXX XXXX Specifically, XXXX XXXX  has reported a charged off account which is a violation of the Fair Credit Reporting Act ( FCRA ) as defined by Sections 1681e and 1681i of the FCRA ( 15 U.S.C. 1681-1681x ), as well as other federal laws and regulations. \n\nI am writing to dispute inaccurate information on my credit report that relates to my account with XXXXXXXX XXXX. The account information on my credit report is as follows : Account Number : XXXX Original Creditor : - Company Sold : LNMV Funding LLC Account Type : Unsecured Loan Date Opened : XX/XX/XXXX Open/Closed : Closed Status : Charge-off Status Updated : XX/XX/XXXX Balance : {$0.00} Balance Updated : XX/XX/XXXX Original Balance : {$33000.00} Monthly Payment : - Past Due Amount : - Highest Balance : - Terms : 60 Months Responsibility : Individual I believe that the information listed above is inaccurate and unfairly damaging my credit score. I dispute this information on the grounds that XXXX XXXX has violated federal laws in their collection activities against me. Specifically, I believe that XXXXXXXX XXXX violated the following USC Codes : USC 1692e - False or misleading representations USC 1692f - Unfair practices USC 1681s-2 - Duties of furnishers of information to consumer reporting agencies USC 1692d - Harassment or abuse USC 1692c - Communication in connection with debt collection USC 1692b - Acquisition of location information USC 1692a - Definitions Furthermore, I have previously sent two certified letters to your offices, the first letter was for debt validation made pursuant to Title X 111-203q Sec. 809 ( b ) of the FDCPA. I respectfully requested that your offices provide me with competent evidence that I have any legal obligation to pay you. The second letter refers to Acceptance for Value and Counter Offer/Claim for Proof of Claim . \nDespite my attempts to resolve this issue, XXXXXXXX XXXX has continued to violate my rights as a consumer. Specifically, I am troubled by the fact that you charged off my debt in XX/XX/XXXX, just a few months after opening the account in XX/XX/XXXX. This action violates USC 1692e, which prohibits false or misleading representations in connection with debt collection. I believe that charging off a debt so soon after it was opened is not only unfair but also misleading to consumers. \nAdditionally, XXXXXXXX XXXX sold my debt to LNMV Funding LLC on XX/XX/XXXX. According to my credit report, LNMV Funding LLC is reporting the account as seriously past due and assigned to an attorney, collection agency, or credit grantor 's internal collection department. This action violates USC 1692d, which prohibits harassment or abuse in connection with debt collection, and USC 1692c, which regulates communication in connection with debt collection. \nI demand that XXXXXXXX XXXX take immediate action to correct the inaccurate information on my credit report and provide monetary relief for the damages caused by your violations. I request that XXXXXXXX XXXX pay me {$1000.00} per violation in accordance with the CFPB 's past cases where clients received monetary relief for similar violations. \n\nUnder the FCRA, consumer reporting agencies must follow certain procedures for reporting information about consumers ' creditworthiness including when reporting \" charged off '' debts. Sections 1681e and 1681i of the FCRA require consumer reporting agencies to follow reasonable procedures to ensure the accuracy of consumer credit information and to promptly investigate disputes. Additionally, the FCRA allows for consumers to dispute inaccurate information on their credit reports and request corrections. \n\nIn XXXX, the Consumer Financial Protection Bureau ( CFPB ) took action against several large credit reporting agencies, including XXXXXXXX XXXX, for violations of the FCRA, resulting in millions of dollars in monetary relief for affected consumers. The CFPB alleged that these credit reporting agencies failed to maintain accurate information and failed to investigate disputes in a timely manner. As a victim of unfair debt collection practices, I am writing to express my concerns about the charge-off reporting on my credit report. Despite my numerous attempts to resolve the debt, XXXXXXXX XXXX has failed to respond to my requests for validation or to provide proof of the alleged debt. Instead, they charged off the debt and continued to report it to the credit bureaus, damaging my credit score and causing me financial hardship. \n\nIt is important to note that charging off a debt does not mean that the debt is forgiven or that the consumer is no longer liable for the debt. Charging off a debt simply means that the lender has written off the debt as uncollectible and has claimed it as a loss on their tax return. However, the debt remains on the consumer 's credit report and can continue to be reported by the lender, causing significant harm to the consumer 's credit score and financial reputation. \n\nFurthermore, the decision to charge off a debt should only be made after the lender has exhausted all other efforts to collect the debt, including sending validation of the debt, negotiating payment arrangements, and pursuing legal action if necessary. In my case, XXXXXXXX XXXX failed to provide any validation of the debt, refused to negotiate payment arrangements, and instead pursued legal action against me without providing proof of the debt. \n\nThis is a clear violation of several federal laws, including the Fair Debt Collection Practices Act ( FDCPA ), which prohibits debt collectors from making false or misleading statements and from using unfair or abusive practices to collect a debt. Additionally, the Fair Credit Reporting Act ( FCRA ) requires that all information on a consumer 's credit report be accurate, verifiable, and complete. Reporting a charge-off without proper validation or documentation violates these laws and can result in significant damages to the consumer. \n\nI am requesting that XXXXXXXX XXXX take immediate action to remove the charge-off from my credit report, provide proof of the alleged debt, and compensate me for any damages incurred as a result of their unfair and illegal debt collection practices. I am also requesting that they stop all legal action against me until the debt has been properly validated and resolved. \n\nDue process is a constitutional right that guarantees individuals fair treatment under the law. In my case, I reached out to XXXXXXXX XXXX. multiple times via certified mail to remedy my accounts and provide debt validation, but they failed to respond. This lack of response is a violation of my due process rights, as it denies me the opportunity to address and resolve any issues with my accounts. \n\nThe USC code that pertains to this violation is USC 1692g, which requires debt collectors to provide consumers with written validation of the debt within five days of initial contact. Failure to provide validation can result in a violation of the Fair Debt Collection Practices Act ( FDCPA ) and may entitle the consumer to statutory damages. \nFurthermore XXXXXXXX XXXX. charged off my debt and reported it to credit bureaus, which has negatively impacted my credit score and reputation. \nThis reporting is a violation of the Fair Credit Reporting Act ( FCRA ), which mandates that credit reporting agencies and creditors report accurate and complete information. Charging off a debt does not relieve a creditor of the responsibility to report the accurate status of the account. \nThe USC code that pertains to this violation is USC 1681s-2 ( a ), which states that furnishers of information to credit reporting agencies must provide accurate and complete information. Violations of this section can result in liability for actual and punitive damages, as well as attorney 's fees and costs. \n\nI encourage the CFPB to take action against XXXX XXXX for their illegal and unethical practices. It is unacceptable for a financial institution to take advantage of consumers in this manner, and I hope that my case will serve as a warning to others who may be experiencing similar issues. \n\nIn addition to FCRA violations, XXXX XXXX has also violated other federal laws and regulations, including the Privacy Act of 1974 ( 5 U.S.C. 522a ), the Gramm-Leach-Bliley Act ( 15 USC 1681, 15 USC 6801-6809 ), the Code of Federal Regulations ( CFR 313.1-313.7, 16 CFR 433.2-433.3 ), and the Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. 1692-1692p ). XXXXXXXX XXXX has also failed to adequately protect my personal information, which is a violation of the Identity Theft and Assumption Deterrence Act of 1998 ( 18 U.S. Code 1028 ). \n\nFCRA : Actual damages : Any financial loss or harm suffered by the consumer as a result of the inaccurate information reported by the credit reporting agency, such as denial of credit, higher interest rates, or loss of employment. \nPunitive damages : Additional damages awarded to punish the credit reporting agency for willful or negligent violations of the FCRA. \nStatutory damages : A fixed amount of damages awarded to the consumer for each violation of the FCRA, regardless of whether any actual harm was suffered. The amount of statutory damages can range from {$100.00} to {$1000.00} per violation, depending on the nature and severity of the violation. \n\nExamples of FCRA violations that can result in damages include : XXXX. Reporting inaccurate information on the consumer 's credit report, such as a charged off account that has been paid in full or a debt that does not belong to the consumer. \nXXXX. Failing to correct inaccurate information on the consumer 's credit report after receiving a dispute from the consumer. \nXXXX. Failing to conduct a reasonable investigation of a consumer dispute. \nXXXX. Continuing to report inaccurate information on the consumer 's credit report even after being informed of the inaccuracy. \n\nUSC codes related to the FCRA : Sections 1681e and 1681i of the FCRA 15 U.S.C. 1681-1681x USC codes related to the FDCPA : 15 U.S.C. 1692-1692p USC codes related to the TILA : 15 U.S.C. 1601-1667f FDCPA : Actual damages : Any financial loss or harm suffered by the consumer as a result of the debt collector 's actions, such as lost wages or medical expenses. \nStatutory damages : A fixed amount of damages awarded to the consumer for each violation of the FDCPA, regardless of whether any actual harm was suffered. The amount of statutory damages can range from {$100.00} to {$1000.00} per violation, depending on the nature and severity of the violation. \n\nAttorney 's fees : If the consumer prevails in a lawsuit against the debt collector, the court may order the debt collector to pay the consumer 's attorney 's fees. \nExamples of FDCPA violations that can result in damages include : Harassing or abusive language used by the debt collector, such as threats of violence or using profanity. \n\nXXXX. Falsely representing the amount or nature of the debt owed. \nXXXX. Falsely representing that the debt collector is an attorney or government representative. \nXXXX. Failing to validate the debt within 30 days of the initial contact with the consumer. \nTILA : Actual damages : Any financial loss or harm suffered by the consumer as a result of the creditor 's failure to disclose required information, such as hidden fees or incorrect interest rates. \n\nStatutory damages : A fixed amount of damages awarded to the consumer for certain violations of the TILA, regardless of whether any actual harm was suffered. The amount of statutory damages can range from {$400.00} to {$4000.00} per violation, depending on the nature and severity of the violation. \n\nRescission : The right of the consumer to cancel certain types of loans within a specified period of time if the creditor fails to provide the required disclosures. \n\nExamples of TILA violations that can result in damages include : XXXX. Failing to provide the consumer with a written disclosure of the finance charge, annual percentage rate ( APR ), and other important terms of the loan. \nXXXX. Failing to provide the consumer with a right of rescission for certain types of loans, such as home equity loans. \nMisrepresenting the terms or conditions of the loan, such as falsely stating that the loan has a fixed interest rate when it actually has a variable rate. \n\nThere have been several recent case studies where the CFPB has awarded monetary relief to consumers for violations of the FCRA and other relevant laws. In XXXX, XXXX, XXXX, and XXXX agreed to pay a combined {$26.00} XXXX in restitution to affected consumers for FCRA violations. In XXXX, the CFPB ordered XXXX XXXX XXXX XXXX to pay {$1.00} XXXX in restitution to affected consumers for violations of the Electronic Fund Transfer Act and Regulation E. \nXXXX appears to be in violation of the Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. 1692-1692p ) and the Truth in Lending Act ( TILA ) ( 15 U.S.C. 1601-1667f ). The FDCPA prohibits debt collectors from using false, deceptive, or misleading representations or means in connection with the collection of any debt. The TILA requires creditors to provide certain disclosures about the terms and conditions of a consumer credit transaction. Failure to comply with these laws can result in monetary damages and statutory penalties. \n\nUnder the FCRA, consumer reporting agencies must follow certain procedures for reporting information about consumers ' creditworthiness, including when reporting \" charged off '' debts. Sections 1681e and 1681i of the FCRA require consumer reporting agencies to follow reasonable procedures to ensure the accuracy of consumer credit information and to promptly investigate disputes. Violations of the FCRA can result in actual damages, punitive damages, and attorney fees. \n\nExamples of damages related to FCRA violations include : XXXX. Denial of credit or employment XXXX. Higher interest rates on loans XXXX. Increased insurance premiums XXXX. Emotional distress and loss of enjoyment of life XXXXXXXX XXXX inaccurate reporting of the charged off account on your credit report is a violation of the FCRA. In XXXX, the Consumer Financial Protection Bureau ( CFPB ) took action against several large credit reporting agencies, including XXXX XXXX, for violations of the FCRA, resulting in millions of dollars in monetary relief for affected consumers. The CFPB alleged that these credit reporting agencies failed to maintain accurate information and failed to investigate disputes in a timely manner. \n\nThe FDCPA, which is enforced by the Federal Trade Commission ( FTC ), protects consumers from abusive debt collection practices. 15 U.S.C. 1692-1692p outline the regulations that debt collectors must follow. Violations of the FDCPA can result in actual damages, statutory damages, and attorney fees. \n\nExamples of damages related to FDCPA violations include : XXXX. Harassment or abuse XXXX. False or misleading representations XXXX. Unfair or unconscionable practices The Truth in Lending Act ( TILA ) is a federal law that requires creditors to disclose certain information to borrowers, including the annual percentage rate ( APR ), finance charges, and the total cost of credit. 15 U.S.C. 1601-1667f outline the regulations that creditors must follow. Violations of the TILA can result in actual damages, statutory damages, and attorney fees. \nXXXX. Examples of damages related to TILA violations include : XXXX. Payment of excessive fees XXXX. Overcharging for credit XXXX. Failure to disclose required information It is possible that XXXXXXXX XXXX actions, including the terms of the credit card agreement and any fees charged, may constitute violations of the TILA. \nThe Privacy Act of 1974 ( 5 U.S.C. 522a ) is a federal law that governs the collection, maintenance, use, and dissemination of personal information by federal agencies. It also provides individuals with certain rights to access and amend their own records. Violations of the Privacy Act can result in actual damages, punitive damages, and attorney fees. \nXXXXXXXX XXXX failure to adequately protect your personal information, which was disclosed in the complaint, may constitute a violation of the Privacy Act. \nIn conclusion XXXX XXXX inaccurate reporting of the charged off account and the actions of the XXXX XXXX XXXX may have violated several federal laws, including the FCRA, FDCPA, TILA, and Privacy Act. \nThese violations may have resulted in actual damages, statutory damages, and attorney fees I would like to emphasize the emotional distress and financial hardship that XXXXXXXX XXXX and the XXXX XXXX XXXX have caused me and my family. The inaccurate reporting of the charged off debt has negatively impacted my credit score and financial standing, making it difficult for me to obtain credit or loans, which has caused significant stress and anxiety. \n\nFurthermore, the burden of defending against a lawsuit and potentially paying for damages and legal fees has taken a toll on me and my family. This has prevented me from investing in new business ventures or pursuing other opportunities that would have helped improve my financial situation. \n\nI strongly urge XXXXXXXX XXXX and the XXXX XXXX XXXX to correct any inaccurate information related to the charged off debt and to provide me with a written explanation of the investigation and resolution of any disputes. I also request that they provide me with a copy of my credit report and any information related to the charged off debt that has been provided to third parties. \n\nXXXXXXXX XXXX has violated the Fair Credit Reporting Act ( FCRA ) by reporting inaccurate and misleading information to credit reporting agencies. Pursuant to 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ), XXXX XXXX has a duty to provide accurate and complete information to credit reporting agencies. However, the data provided clearly shows that XXXXXXXX XXXX has reported inaccurate and false information regarding my accounts, including the status and amount of the debt owed. This has resulted in significant harm to my credit score and overall financial standing. \n\nAdditionally, XXXXXXXX XXXX has violated the Fair Debt Collection Practices Act ( FDCPA ) by engaging in abusive and harassing behavior towards me. Pursuant to 15 U.S.C. 1692d, debt collectors are prohibited from engaging in conduct that is intended to harass, oppress, or abuse any person. However, the data provided shows that XXXXXXXX XXXX has engaged in repeated and aggressive phone calls and letters, despite my requests to cease such communication. This conduct has caused significant emotional distress and anxiety for me and it has affected my cognitive abilities to focus on daily task and functioning. \n\nFurthermore, XXXXXXXX XXXX has violated the Truth in Lending Act ( TILA ) by failing to disclose important information regarding my account. Pursuant to 15 U.S.C. 1638 ( a ) ( 2 ), creditors are required to disclose the finance charge, annual percentage rate ( APR ), and other important terms and conditions of a credit account. However, the data provided shows that XXXXXXXX XXXX failed to disclose certain fees and charges associated with the account, resulting in unexpected and excessive charges. \n\nFinally, XXXXXXXX XXXX has violated 18 U.S.C. 242 by engaging in conduct that constitutes a color of law violation. Pursuant to this statute, it is illegal for any person, acting under color of law, to deprive another person of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States. The data provided shows that XXXXXXXX XXXX has engaged in deceptive and unfair practices, this resulted in reporting inaccurate information to credit reporting agencies, engaging in abusive debt collection practices, and failing to disclose important information regarding his account. These practices have deprived me of my rights to fair and accurate credit reporting, protection from abusive debt collection practices, and full disclosure of the terms and conditions of his account. \nIn light of these violations, I urge the Consumer Financial Protection Bureau ( CFPB ) to investigate XXXXXXXX XXXX to conduct and take appropriate action to hold them accountable for their actions. I deserve fair and just treatment, and it is imperative that financial institutions such as XXXXXXXX XXXX are held to the highest standards of fairness, transparency, and accountability. \nLastly, I have not given consent for XXXXXXXX XXXX to share my personal information with third-party companies, yet I have received numerous calls and emails from companies claiming to have received my information from XXXXXXXX XXXX XXXX This is a clear violation of the Gramm-Leach-Bliley Act ( GLBA ), which requires financial institutions to safeguard their customers ' personal information. I have experienced unprofessional behavior from XXXXXXXX XXXX representatives. When attempting to resolve issues with my account, I have been met with hostility and condescension. This is not only disrespectful, but it is also a violation of the Fair Debt Collection Practices Act and the Consumer Financial Protection Act. \n\nFurthermore, I have been provided with deceptive contract terms and language. The terms and conditions presented to me were confusing and intentionally misleading. This violates USC codes 15 U.S. Code 41, which prohibits unfair or deceptive acts or practices in commerce. \n\nOverall, these actions by XXXXXXXX XXXX have caused significant harm to me and my financial situation, and I urge the CFPB to take swift action against them. I request that the CFPB hold XXXXXXXX XXXX accountable for violating the XXXX, XXXX, FDCPA, XXXX, XXXX 15 U.S. Code 41, and GLBA. Additionally, I request that I receive monetary relief and account remedy for the harm caused to me and my family. \n\nI am writing to express my deep concern regarding the treatment I have received from your company. Despite my efforts to remedy the issues with my account, I have not received any satisfactory resolution. I have contacted your company via certified mail on two separate occasions, yet I have not received any response or action regarding my concerns. \n\nFurthermore, I have requested debt validation and acceptance for value and counteroffer/claim for proof of claim, but your company has failed to provide me with any evidence or documentation to support their claims against me. This is a clear violation of the Fair Debt Collection Practices Act and the Consumer Financial Protection Act. \n\nI believe that your company has committed several violations of the USC codes, including USC 15 1692 et seq. and USC 12 5536, which prohibit unfair, deceptive, or abusive acts or practices in consumer financial products or services. \n\nIn addition, your company 's actions have caused me significant financial and emotional damages. I have experienced unauthorized overdraft fees, unprofessional behavior from XXXXXXXX XXXX representatives, and deceptive contract terms and language. These actions are also a violation of USC codes 15 U.S. Code 41 and the Gramm-Leach-Bliley Act, which requires financial institutions to safeguard their customers ' personal information. \nI would like to urge your company to take immediate action to remedy my accounts and provide me with monetary relief for the damages I have incurred. I am also requesting that you provide me with documentation that supports the claims made against me, as well as evidence of the credit card agreement that was allegedly entered into on XX/XX/XXXX. \n\nFurthermore, I would like to draw your attention to the issue of language fraud, which is a violation of USC 18 1343. Your company has created a security in my name and made an XXXX out of my name without my knowledge or consent. This is a clear violation of my rights and is a form of language fraud. \n\n\nUSC Codes related to my case : 1. USC 15 1692 et seq.\n\n2. USC 12 5536 3. USC 15 U.S. Code 41 4. Gramm-Leach-Bliley Act 5. USC 18 1343 I have recently discovered that XXXXXXXX XXXX has created a security in my name and made an XXXX out of my name, XXXX XXXX XXXX, without my knowledge or consent. This is a clear violation of the U.S. Code, specifically USC Title 15, Chapter 2D, Section 78c, which defines what constitutes a security. It is also a violation of my privacy and personal rights. \n\nAs a valued customer of XXXXXXXX XXXX, I expect transparency and respect when it comes to my personal information and financial accounts. It is concerning to me that this security was created without my knowledge or consent, and I request immediate action to remedy this situation. \n\nI kindly ask that you provide me with a detailed explanation of how this security was created and what steps will be taken to correct this issue. Additionally, I request that you provide me with any and all documentation related to this security and LLC. \nI trust that you will take this matter seriously and work to resolve this issue in a timely and efficient manner. Thank you for your attention to this matter. \n\nI have not given consent for XXXXXXXX XXXX  to share my personal information with third-party companies, yet I have received numerous calls and emails from companies claiming to have received my information from XXXX XXXX  XXXX This is a clear violation of the Gramm-Leach-Bliley Act ( GLBA ), which requires financial institutions to safeguard their customers ' personal information. I have experienced unprofessional behavior from XXXX XXXX representatives. When attempting to resolve issues with my account, I have been met with hostility and condescension. This is not only disrespectful, but it is also a violation of the Fair Debt Collection Practices Act and the Consumer Financial Protection Act. \n\nFurthermore, I have been provided with deceptive contract terms and language. The terms and conditions presented to me were confusing and intentionally misleading. \nThis violates USC codes 15 U.S. Code 41, which prohibits unfair or deceptive acts or practices in commerce. \n\nOverall, these actions by XXXXXXXX XXXX have caused significant harm to me and my financial situation, and I urge the CFPB to take swift action against them. I request that the CFPB hold XXXX XXXX accountable for violating the EFTA, TISA, FDCPA, CFPA, USC 15 U.S. Code 41, and GLBA. Additionally, I request that I receive monetary relief and account remedy for the harm caused to me and my family. \nXXXX XXXX XXXX XXXX I am writing to express my deep concern regarding the treatment I have received from your company. Despite my efforts to remedy the issues with my account, I have not received any satisfactory resolution. I have contacted your company via certified mail on two separate occasions, yet I have not received any response or action regarding my concerns. \n\nFurthermore, I have requested debt validation and acceptance for value and counteroffer/claim for proof of claim, but your company has failed to provide me with any evidence or documentation to support their claims against me. This is a clear violation of the Fair Debt Collection Practices Act and the Consumer Financial Protection Act.","date_sent_to_company":"2023-03-07T02:59:35.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"48188","tags":null,"has_narrative":true,"complaint_id":"6652670","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Resurgent Capital Services L.P.","date_received":"2023-03-07T02:59:24.000Z","state":"MI","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Failing to provide the consumer with a written disclosure of the finance charge, annual percentage rate ( APR ), and other important terms of the <em>loan</em>. \nXXXX. Failing to provide the consumer with a right of rescission for certain types of <em>loans</em>, such as home equity <em>loans</em>. \nMisrepresenting the terms or conditions of the <em>loan</em>, such as falsely stating that the <em>loan</em> has a fixed interest rate when it actually has a variable rate."]},"sort":[6.682254,"6652670"]},{"_index":"complaint-public-v1","_id":"10023628","_score":5.508011,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Peace and Love To All Who Read This. \nPer 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, unwritten, verbal, and non-verbal per 15 USC 6802. Your power of attorney has been removed. Effective Immediately.\n\nThe success of your company and your notes depends on your ability to provide accurate information to your customers and to protect that information among other things. However, you failed to take care of the living men and women whose information youre profiting off of without them even knowing while failing to provide any benefit to them.\n\nAs an investor and one forced into peonage because of a fake system your organization operates, this is a notice to inform you that due to your actions and negligence, you are no longer allowed to carelessly use my personal identifiable information or my social security number to make a profit without my benefit. Due to self-proclaimed consumer reporting agencies like yourself, Ive spent an extensive amount of time and money rebuilding my credit, removing my information from the dark web, canceling cards, bank accounts, etc. I was made aware of the fact that you guys are selling my information after reading your SEC Filings. Youre selling my credit file and report as securities and to companies every month in general as well every time I try to use my credit in the market. Ive been getting turned down by company after company when trying to get credit cards and loans when Im simply trying to rebuild my credit and get my life back in order. This is a fake system that you continue to feed knowing that consumers have the right to credit no matter their score because the credit is coming from their personal estate account tied to their social security number and not from the lender. The lenders create money out of thin air so they arent actually lending me anything. Your credit system is used to punish consumers and keep them trapped in misery. \nYoure aXX/XX/XXXX. You are a private for-profit organization acting as a government entity. As a consumer reporting agency, youre only supposed to provide my info to government organizations regarding child support. You have stolen my nonpublic personal information and youre using it to make money without my permission or consent. I didnt give you permission to obtain my information and youre using my personal information to cause me harm with no remorse. \nWe do not have a contractual agreement with each other in any form or fashion. I never gave you permission to collect my personal information from any external or internal source and I definitely didnt give you permission to sell it to make a profit. This is considered identity theft and fraud. I am unable to purchase a vehicle or perform simple day to day pleasantries due to defamatory reporting. Im tired of the constant excuses of how you guys dont control the info shown on your site when we both know that its a lie.\n\nYour credit reporting has stifled my business making it hard for me to get loans needed that would help my business grow. Due to the slowdown in business, I was forced to look for employment. I have missed out on several jobs that I was more than qualified for, but didnt make it past the background check despite having a clean criminal record.\n\nWith that being said, Im prepared to file a lawsuit unless my demands are met. I will also take my personal CUSIP and send that information over to the SEC as evidence about how youre selling information on the secondary market. Then Ill file a 211, 3949-a on your company and a 1099b on that CUSIP with the IRS. Ill get the FTC and OCC involved as well just because. I will also mention these other claims which include negligence, unjust enrichment, racketeering, organized crime, forced slavery, and a violation of the FCRA. Then Im going to start teaching people how to go after you guys the same exact way! \nYou will find your violations down below, but of course you guys know what laws youre breaking every single day. I expect a prompt response and settlement of this issue within 10 days. \n\nLaws For Enforcement Family Educational Rights and Privacy Act ( FERPA ) The Family Educational Rights and Privacy Act ( FERPA ) is a federal law enacted in 1974 that protects the privacy of student education records. FERPA applies to any public or private elementary, secondary, or post-secondary school. 20 USC 1232g ( b ) 18 U.S. Code 1961 - Definitions ( 1 ) racketeering activity sections 891894 ( relating to extortionate credit transactions ), section 1028 ( relating to fraud and related activity in connection with identification documents ), section 1956 ( relating to the laundering of monetary instruments ), fraud in the sale of securities P.L. 90321, Approved XX/XX/XXXX ( 82 Stat. 146 ) 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\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\n15 U.S. Code 1681- Congressional findings and statement of purpose Accuracy and fairness of credit reporting The Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. \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 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( k ) Adverse Action.\n\n( 1 ) Actions included.The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 1681b ( a ) ( 3 ) ( D ) of this title ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under section 1681b ( a ) ( 3 ) ( F ) ( ii ) of this title ; and ( II ) adverse to the interests of the consumer.\n\n15 U.S. Code 1681b - Permissible purposes of consumer reports In general ( a ) Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\nP.L. 90321, Approved XX/XX/XXXX ( 82 Stat. 146 ) 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 : XX/XX/XXXX ( 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\n( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years 12 CFR 1022.3 ( h ) Identity theft means a fraud committed or attempted using the identifying information of another person without authority.\n\n( a ) Identity and purposes of credit users Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title.\n\n( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates.\n\n( c ) Disclosure of consumer reports by users allowed A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ( a ) In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure ; and ( 2 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court.\n\n15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. \n( 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\nPrivacy Act of 1974 ( 5 U.S. Code 552a ) DEFINITIONS.For purposes of this section ( 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 ; CONDITIONS OF DISCLOSURE No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be- ( 12 ) to a consumer reporting agency in accordance with section 3711 ( f ) of title 31.\n\n12 CFR 1016.1 - Purpose and scope.\n\n( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 1016.13, 1016.14, and 1016.15.\n\n12 CFR 1016.4 - Initial privacy notice to consumers required.\n\nInitial privacy notice to consumers required.\n\n( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, if you make such a disclosure other than as authorized by 1016.14 and 1016.15 of this part.\n\n12 CFR 1016.7 - 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 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right.\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 : ( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form together with the opt out notice that, in the case of financial institutions described in 1016.3 ( l ) ( 3 ) of this part, includes the address to which the form should be mailed ; ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your Web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out.\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( g ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. \n( h ) Continuing right to opt out. A consumer may exercise the right to opt out at any time.\n\n( i ) Duration of consumer 's opt out direction.\n\n( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically.\n\n15 U.S. Code 6805 - Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows : SUMMARY | Prospectus 424b4 TransUnion TransUnion is a leading global risk and information solutions provider to businesses and consumers. We provide consumer reports, risk scores, analytical services and decisioning capabilities to businesses. Businesses embed our solutions into their process workflows to acquire new customers, assess consumer ability to pay for services, identify cross-selling opportunities, measure and manage debt portfolio risk, collect debt, verify consumer identities and investigate potential fraud. Consumers use our solutions to view their credit profiles and access analytical tools that help them understand and manage their personal information and take precautions against identity theft. We are differentiated by our comprehensive and unique datasets, our next-generation technology and our analytics and decisioning capabilities, which enable us to deliver insights across the entire consumer lifecycle. We believe we are the largest provider of risk and information solutions in the United States to possess both nationwide consumer credit data and comprehensive, diverse public records data, which allows us to better predict behaviors, assess risk and address a broader set of business issues for our customers. We have deep domain expertise across a number of attractive industries, sometimes referred to as verticals, including financial services, insurance and healthcare. We have a global presence in over 30 countries across XXXX XXXX, XXXX, XXXX XXXX and XXXX.","date_sent_to_company":"2024-09-04T05:26:42.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"34601","tags":null,"has_narrative":true,"complaint_id":"10023628","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-09-04T05:21:02.000Z","state":"FL","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":["Your credit reporting has stifled my business <em>making</em> it hard for me to get <em>loans</em> needed that would help my business grow. Due to the slowdown in business, I was forced to look for employment. I have missed out on several jobs that I was more than qualified for, but didnt make it past the background check despite having a clean criminal record.\n\nWith that being said, Im prepared to file a lawsuit unless my demands are met."]},"sort":[5.508011,"10023628"]},{"_index":"complaint-public-v1","_id":"6443286","_score":5.3477893,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"On my credit I have this account XXXX XXXX XXXX # XXXX the payment history is wrong! XXXX then XXXX, CO? No payment history for Transunion! This all is a violation per 15 U.S. Code 1666b ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement, including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.\n\nThe whole account on the credit report for Transunion and XXXX that is a violation per 15 U.S. Code 1666a a ) Reports by creditor on obligors failure to pay amount regarded as a billing error After receiving a notice from an obligor as provided in section 1666 ( a ) of this title, a creditor or his agent may not directly or indirectly threaten to report to any person adversely on the obligors credit rating or credit standing because of the obligors failure to pay the amount indicated by the obligor under section 1666 ( a ) ( 2 ) of this title, and such amount may not be reported as delinquent to any third party until the creditor has met the requirements of section 1666 of this title and has allowed the obligor the same number of days ( not less than ten ) thereafter to make payment as is provided under the credit agreement with the obligor for the payment of undisputed amounts.\n\n( b ) Reports by creditor on delinquent amounts in dispute ; notification of obligor of parties notified of delinquency If a creditor receives a further written notice from an obligor that an amount is still in dispute within the time allowed for payment under subsection ( a ) of this section, a creditor may not report to any third party that the amount of the obligor is delinquent because the obligor has failed to pay an amount which he has indicated under section 1666 ( a ) ( 2 ) of this title, unless the creditor also reports that the amount is in dispute and, at the same time, notifies the obligor of the name and address of each party to whom the creditor is reporting information concerning the delinquency.\n\n( c ) Reports by creditor of subsequent resolution of delinquent amounts A creditor shall report any subsequent resolution of any delinquencies reported pursuant to subsection ( b ) to the parties to whom such delinquencies were initially reported.\n\nI never gave written, unwritten verbal and nonverbal consent to any of the 3 companies to publish my credit report per 15 USC 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 15 U.S.C. 1681-1681u ( a ) Accuracy and fairness of credit reporting The 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\n( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter.\n\n( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.\n\n( c ) The term consumer means an individual.\n\n( d ) Consumer Report.\n\n( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.\n\n( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title ; or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] ( 3 ) Restriction on sharing of medical information.Except for information or any communication of information disclosed as provided in section 1681b ( g ) ( 3 ) of this title, the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services.\n\n( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer.\n\n( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.\n\n( g ) The term file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored.\n\n( h ) The term employment purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee.\n\n( i ) Medical Information.The term medical information ( 1 ) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to ( A ) the past, present, or future physical, mental, or behavioral health or condition of an individual ; ( B ) the provision of health care to an individual ; or ( C ) the payment for the provision of health care to an individual. [ 2 ] ( 2 ) does not include the age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy.\n\n( j ) Definitions Relating to Child Support Obligations.\n\n( 1 ) Overdue support.\n\nThe term overdue support has the meaning given to such term in section 666 ( e ) of title 42.\n\n( 2 ) State or local child support enforcement agency.\n\nThe term State or local child support enforcement agency means a State or local agency which administers a State or local program for establishing and enforcing child support obligations.\n\n( k ) Adverse Action.\n\n( 1 ) Actions included.The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 1681b ( a ) ( 3 ) ( D ) of this title ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under section 1681b ( a ) ( 3 ) ( F ) ( ii ) of this title ; and ( II ) adverse to the interests of the consumer.\n\n( 2 ) Applicable findings, decisions, commentary, and orders.\n\nFor purposes of any determination of whether an action is an adverse action under paragraph ( 1 ) ( A ), all appropriate final findings, decisions, commentary, and orders issued under section 1691 ( d ) ( 6 ) of this title by the Bureau or any court shall apply.\n\n( l ) Firm Offer of Credit or Insurance.The term firm offer of credit or insurance means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following : ( 1 ) The consumer being determined, based on information in the consumers application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established ( A ) before selection of the consumer for the offer; and ( B ) for the purpose of determining whether to extend credit or insurance pursuant to the offer.\n\n( 2 ) Verification ( A ) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumers application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or ( B ) of the information in the consumers application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability.\n\n( 3 ) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was ( A ) established before selection of the consumer for the offer of credit or insurance; and ( B ) disclosed to the consumer in the offer of credit or insurance.\n\n( m ) Credit or Insurance Transaction That Is Not Initiated by the Consumer.The term credit or insurance transaction that is not initiated by the consumer does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of ( 1 ) reviewing the account or insurance policy ; or ( 2 ) collecting the account.\n\n( n ) State.\n\nThe term State means any State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States.\n\n( o ) Excluded Communications.A communication is described in this subsection if it is a communication ( 1 ) that, but for subsection ( d ) ( 2 ) ( D ), would be an investigative consumer report ; ( 2 ) that is made to a prospective employer for the purpose of ( A ) procuring an employee for the employer ; or ( B ) procuring an opportunity for a natural person to work for the employer ; ( 3 ) that is made by a person who regularly performs such procurement ; ( 4 ) that is not used by any person for any purpose other than a purpose described in subparagraph ( A ) or ( B ) of paragraph ( 2 ) ; and ( 5 ) with respect to which ( A ) the consumer who is the subject of the communication ( i ) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication ; ( ii ) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation ; and ( C ) the person who makes the communication ( i ) discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumers file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought ; and ( ii ) notifies the consumer who is the subject of the communication, in writing, of the consumers right to request the information described in clause ( i ).\n\n( p ) Consumer Reporting Agency That Compiles and Maintains Files on Consumers on a Nationwide Basis.The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide : ( 1 ) Public record information.\n\n( 2 ) Credit account information from persons who furnish that information regularly and in the ordinary course of business.\n\n( q ) Definitions Relating to Fraud Alerts.\n\n( 1 ) Active duty military consumer.The term active duty military consumer means a consumer in military service who ( A ) is on active duty ( as defined in section 101 ( d ) ( 1 ) of title 10 ) or is a reservist performing duty under a call or order to active duty under a provision of law referred to in section 101 ( a ) ( 13 ) of title 10 ; and ( B ) is assigned to service away from the usual duty station of the consumer.\n\n( 2 ) Fraud alert ; active duty alert.The terms fraud alert and active duty alert mean a statement in the file of a consumer that ( A ) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft, or is an active duty military consumer, as applicable ; and ( B ) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph ( A ) by any person requesting such consumer report.\n\n( 3 ) Identity theft.\n\nThe term identity theft means a fraud committed using the identifying information of another person, subject to such further definition as the Bureau may prescribe, by regulation.\n\n( 4 ) Identity theft report.The term identity theft report has the meaning given that term by rule of the Bureau, and means, at a minimum, a report ( A ) that alleges an identity theft ; ( B ) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Bureau ; and ( C ) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false.\n\n( 5 ) New credit plan.\n\nThe term new credit plan means a new account under an open end credit plan ( as defined in section 1602 ( i ) 1 of this title ) or a new credit transaction not under an open end credit plan.\n\n( r ) Credit and Debit Related Terms ( 1 ) Card issuer.The term card issuer means ( A ) a credit card issuer, in the case of a credit card ; and ( B ) a debit card issuer, in the case of a debit card.\n\n( 2 ) Credit card.\n\nThe term credit card has the same meaning as in section 1602 of this title.\n\n( 3 ) Debit card.\n\nThe term debit card means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services.\n\n( 4 ) Account and electronic fund transfer.\n\nThe terms account and electronic fund transfer have the same meanings as in section 1693a of this title.\n\n( 5 ) Credit and creditor.\n\nThe terms credit and creditor have the same meanings as in section 1691a of this title.\n\n( s ) Federal Banking Agency.\n\nThe term Federal banking agency has the same meaning as in section 1813 of title 12.\n\n( t ) Financial Institution.\n\nThe term financial institution means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section 461 ( b ) of title 12 ) belonging to a consumer.\n\n( u ) Reseller.The term reseller means a consumer reporting agency that ( 1 ) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities ; and ( 2 ) does not maintain a database of the assembled or merged information from which new consumer reports are produced.\n\n( v ) Commission.\n\nThe term Commission means the Bureau. [ 3 ] ( w ) The term Bureau means the Bureau of Consumer Financial Protection.\n\n( x ) Nationwide Specialty Consumer Reporting Agency.The term nationwide specialty consumer reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to ( 1 ) medical records or payments ; ( 2 ) residential or tenant history ; ( 3 ) check writing history ; ( 4 ) employment history; or ( 5 ) insurance claims.\n\n( y ) Exclusion of Certain Communications for Employee Investigations.\n\n( 1 ) Communications described in this subsection.A communication is described in this subsection if ( A ) but for subsection ( d ) ( 2 ) ( D ), the communication would be a consumer report ; ( B ) the communication is made to an employer in connection with an investigation of ( i ) suspected misconduct relating to employment ; or ( ii ) compliance with Federal, State, or local laws and regulations, the rules of a self-regulatory organization, or any preexisting written policies of the employer ; ( C ) the communication is not made for the purpose of investigating a consumers credit worthiness, credit standing, or credit capacity ; and ( D ) the communication is not provided to any person except ( i ) to the employer or an agent of the employer ; ( ii ) to any Federal or State officer , agency, or department, or any officer, agency, or department of a unit of general local government ; ( iii ) to any self-regulatory organization with regulatory authority over the activities of the employer or employee ; ( iv ) as otherwise required by law ; or ( v ) pursuant to section 1681f of this title.\n\n( 2 ) Subsequent disclosure.\n\nAfter taking any adverse action based in whole or in part on a communication described in paragraph ( 1 ), the employer shall disclose to the consumer a summary containing the nature and substance of the communication upon which the adverse action is based, except that the sources of information acquired solely for use in preparing what would be but for subsection ( d ) ( 2 ) ( D ) an investigative consumer report need not be disclosed.\n\n( 3 ) Self-regulatory organization defined.\n\nFor purposes of this subsection, the term self-regulatory organization includes any self-regulatory organization ( as defined in section 78c ( a ) ( 26 ) of this title ), any entity established under title I of the Sarbanes-Oxley Act of 2002 [ 15 U.S.C. 7211 et seq. ], any board of trade designated by the Commodity Futures Trading Commission, and any futures association registered with such Commission.\n\n( z ) Veteran.\n\nThe term veteran has the meaning given the term in section 101 of title 38.\n\n( aa ) Veterans Medical Debt.The term veterans medical debt ( 1 ) means a medical collection debt of a veteran owed to a non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the Department of Veterans Affairs ; and ( 2 ) includes medical collection debt that the Department of Veterans Affairs has wrongfully charged a veteran.\n\n( 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.","date_sent_to_company":"2023-01-17T02:10:18.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"33837","tags":null,"has_narrative":true,"complaint_id":"6443286","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2023-01-17T00:29:23.000Z","state":"FL","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":["( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support <em>award</em>."]},"sort":[5.3477893,"6443286"]},{"_index":"complaint-public-v1","_id":"8189920","_score":5.2608137,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am XXXX XXXX, I am submitting this complaint for myself. No third party is involved. I am communicating with you directly as requested regarding concerns/ issues with my credit report. This letter represents my formal request to again dispute the aforementioned accounts as well as inquiries which are illegally being reported on my account. It was communicated to me to reach out to each individual agency to expedite the removal. As of the date of this letter, it has been over thirty days with no compliance to the Fair Credit Reporting Act ( FCRA 15 U.S.C. 1681 ) enacted by the United States Congress. By their findings, it is now my legal right to have these accounts and inquiries ( FCRA 15 U.S.C. 1681n ) removed. I understand the individual in receipt of this letter is most likely not an attorney. Therefore, I have attached the laws and definitions to educate any person of my legal rights in the United States of America. I appreciate you understanding how this adversely affects me and is in violation of my rights. Thank you for helping me take this federal matter seriously! 15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The 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. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 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. ( 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. 15 U.S. Code 1681a - Definitions ; rules of construction ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter. ( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. ( c ) The term consumer means an individual. ( d ) Consumer Report. ( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title. ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title ; or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] ( 3 ) Restriction on sharing of medical information.Except for information or any communication of information disclosed as provided in section 1681b ( g ) ( 3 ) of this title, the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services. ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. ( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. ( g ) The term file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. ( h ) The term employment purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee. ( i ) Medical Information.The term medical information ( 1 ) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to ( A ) the past, present, or future physical, mental, or behavioral health or condition of an individual ; ( B ) the provision of health care to an individual ; or ( C ) the payment for the provision of health care to an individual. [ 2 ] ( 2 ) does not include the age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy. ( j ) Definitions Relating to Child Support Obligations. ( 1 ) Overdue support. The term overdue support has the meaning given to such term in section 666 ( e ) of title 42. ( 2 ) State or local child support enforcement agency. The term State or local child support enforcement agency means a State or local agency which administers a State or local program for establishing and enforcing child support obligations. ( k ) Adverse Action. ( 1 ) Actions included.The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 1681b ( a ) ( 3 ) ( D ) of this title ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under section 1681b ( a ) ( 3 ) ( F ) ( ii ) of this title ; and ( II ) adverse to the interests of the consumer. ( 2 ) Applicable findings, decisions, commentary, and orders. For purposes of any determination of whether an action is an adverse action under paragraph ( 1 ) ( A ), all appropriate final findings, decisions, commentary, and orders issued under section 1691 ( d ) ( 6 ) of this title by the Bureau or any court shall apply. ( l ) Firm Offer of Credit or Insurance.The term firm offer of credit or insurance means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following : ( 1 ) The consumer being determined, based on information in the consumers application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established ( A ) before selection of the consumer for the offer; and ( B ) for the purpose of determining whether to extend credit or insurance pursuant to the offer. ( 2 ) Verification ( A ) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumers application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or ( B ) of the information in the consumers application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability. ( 3 ) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was ( A ) established before selection of the consumer for the offer of credit or insurance; and ( B ) disclosed to the consumer in the offer of credit or insurance. ( m ) Credit or Insurance Transaction That Is Not Initiated by the Consumer.The term credit or insurance transaction that is not initiated by the consumer does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of ( 1 ) reviewing the account or insurance policy ; or ( 2 ) collecting the account. ( n ) State. The term State means any State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States. ( o ) Excluded Communications.A communication is described in this subsection if it is a communication ( 1 ) that, but for subsection ( d ) ( 2 ) ( D ), would be an investigative consumer report ; ( 2 ) that is made to a prospective employer for the purpose of ( A ) procuring an employee for the employer ; or ( B ) procuring an opportunity for a natural person to work for the employer ; ( 3 ) that is made by a person who regularly performs such procurement ; ( 4 ) that is not used by any person for any purpose other than a purpose described in subparagraph ( A ) or ( B ) of paragraph ( 2 ) ; and ( 5 ) with respect to which ( A ) the consumer who is the subject of the communication ( i ) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication ; ( ii ) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation ; and ( C ) the person who makes the communication ( i ) discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumers file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought ; and ( ii ) notifies the consumer who is the subject of the communication, in writing, of the consumers right to request the information described in clause ( i ). ( p ) Consumer Reporting Agency That Compiles and Maintains Files on Consumers on a Nationwide Basis.The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide : ( 1 ) Public record information. ( 2 ) Creditaccount information from persons who furnish that information regularly and in the ordinary course of business. ( q ) Definitions Relating to Fraud Alerts. ( 1 ) Active duty military consumer.The term active duty military consumer means a consumer in military service who ( A ) is on active duty ( as defined in section 101 ( d ) ( 1 ) of title 10 ) or is a reservist performing duty under a call or order to active duty under a provision of law referred to in section 101 ( a ) ( 13 ) of title 10 ; and ( B ) is assigned to service away from the usual duty station of the consumer. ( 2 ) Fraud alert ; active duty alert.The terms fraud alert and active duty alert mean a statement in the file of a consumer that ( A ) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft, or is an active duty military consumer, as applicable ; and ( B ) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph ( A ) by any person requesting such consumer report. ( 3 ) Identity theft. The term identity theft means a fraud committed using the identifying information of another person, subject to such further definition as the Bureau may prescribe, by regulation. ( 4 ) Identity theft report.The term identity theft report has the meaning given that term by rule of the Bureau, and means, at a minimum, a report ( A ) that alleges an identity theft ; ( B ) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Bureau ; and ( C ) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false. ( 5 ) New credit plan. The term new credit plan means a new account under an open end credit plan ( as defined in section 1602 ( i )? 1 of this title ) or a new credit transaction not under an open end credit plan. ( r ) Credit and Debit Related Terms ( 1 ) Card issuer.The term card issuer means ( A ) a credit card issuer, in the case of a credit card ; and ( B ) a debit card issuer, in the case of a debit card. ( 2 ) Credit card. The term credit card has the same meaning as in section 1602 of this title. ( 3 ) Debit card. The term debit card means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services. ( 4 ) Account and electronic fund transfer. The terms account and electronic fund transfer have the same meanings as in section 1693a of this title. ( 5 ) Credit and creditor. The terms credit and creditor have the same meanings as in section 1691a of this title. ( s ) Federal Banking Agency. The term Federal banking agency has the same meaning as in section 1813 of title 12. ( t ) Financial Institution. The term financial institution means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section 461 ( b ) of title 12 ) belonging to a consumer. ( u ) Reseller.The term reseller means a consumer reporting agency that ( 1 ) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities ; and ( 2 ) does not maintain a database of the assembled or merged information from which new consumer reports are produced. ( v ) Commission. The term Commission means the Bureau. [ 3 ] ( w ) The term Bureau means the Bureau of Consumer Financial Protection. ( x ) Nationwide Specialty Consumer Reporting Agency.The term nationwide specialty consumer reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to ( 1 ) medical records or payments ; ( 2 ) residential or tenant history ; ( 3 ) check writing history ; ( 4 ) employment history; or ( 5 ) insurance claims. ( y ) Exclusion of Certain Communications for Employee Investigations. ( 1 ) Communications described in this subsection.A communication is described in this subsection if ( A ) but for subsection ( d ) ( 2 ) ( D ), the communication would be a consumer report ; ( B ) the communication is made to an employer in connection with an investigation of ( i ) suspected misconduct relating to employment ; or ( ii ) compliance with Federal, State, or local laws and regulations, the rules of a self-regulatory organization, or any preexisting written policies of the employer ; ( C ) the communication is not made for the purpose of investigating a consumers credit worthiness, credit standing, or credit capacity ; and ( D ) the communication is not provided to any person except ( i ) to the employer or an agent of the employer ; ( ii ) to any Federal or State officer , agency, or department, or any officer, agency, or department of a unit of general local government ; ( iii ) to any self-regulatory organization with regulatory authority over the activities of the employer or employee ; ( iv ) as otherwise required by law ; or ( v ) pursuant to section 1681f of this title. ( 2 ) Subsequent disclosure. After taking any adverse action based in whole or in part on a communication described in paragraph ( 1 ), the employer shall disclose to the consumer a summary containing the nature and substance of the communication upon which the adverse action is based, except that the sources of information acquired solely for use in preparing what would be but for subsection ( d ) ( 2 ) ( D ) an investigative consumer report need not be disclosed. ( 3 ) Self-regulatory organization defined. For purposes of this subsection, the term self-regulatory organization includes any self-regulatory organization ( as defined in section 78c ( a ) ( 26 ) of this title ), any entity established under title I of the Sarbanes-Oxley Act of 2002 [ 15 U.S.C. 7211 et seq. ], any board of trade designated by the Commodity Futures Trading Commission, and any futures association registered with such Commission. ( z ) Veteran. The term veteran has the meaning given the term in section 101 of title 38. ( aa ) Veterans Medical Debt.The term veterans medical debt ( 1 ) means a medical collection debt of a veteran owed to a non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the Department of Veterans Affairs ; and ( 2 ) includes medical collection debt that the Department of Veterans Affairs has wrongfully charged a veteran. 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. ( c ) Attorneys fees : Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. ( d ) Clarification of willful noncompliance : For the purposes of this section, any person who printed an expiration date on any receipt provided to a consumer cardholder at a point of sale or transaction between XX/XX/XXXX, and XX/XX/XXXX, but otherwise complied with the requirements of section 1681c ( g ) of this title for such receipt shall not be in willful noncompliance with section 1681c ( g ) of this title by reason of printing such expiration date on the receipt.","date_sent_to_company":"2024-01-21T04:49:12.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"106XX","tags":null,"has_narrative":true,"complaint_id":"8189920","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-01-21T04:18:46.000Z","state":"NY","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Credit inquiries on your report that you don't recognize"},"highlight":{"complaint_what_happened":["the communication ; ( ii ) consents orally or in writing to the <em>making</em> of the communication to a prospective employer, before the <em>making</em> of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person <em>making</em> the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of <em>making</em> the communication"]},"sort":[5.2608137,"8189920"]},{"_index":"complaint-public-v1","_id":"8191162","_score":5.252936,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am XXXX XXXX, I am submitting this complaint for myself. No third party is involved. I am communicating with you directly as requested regarding concerns/ issues with my credit report. This letter represents my formal request to again dispute the aforementioned accounts as well as inquiries which are illegally being reported on my account. It was communicated to me to reach out to each individual agency to expedite the removal. As of the date of this letter, it has been over thirty days with no compliance to the Fair Credit Reporting Act ( FCRA 15 U.S.C. 1681 ) enacted by the United States Congress. By their findings, it is now my legal right to have these accounts and inquiries ( FCRA 15 U.S.C. 1681n ) removed. I understand the individual in receipt of this letter is most likely not an attorney. Therefore, I have attached the laws and definitions to educate any person of my legal rights in the United States of America. I appreciate you understanding how this adversely affects me and is in violation of my rights. Thank you for helping me take this federal matter seriously! 15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The 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. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 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. ( 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. 15 U.S. Code 1681a - Definitions ; rules of construction ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter. ( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. ( c ) The term consumer means an individual. ( d ) Consumer Report. ( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title. ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title ; or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] ( 3 ) Restriction on sharing of medical information.Except for information or any communication of information disclosed as provided in section 1681b ( g ) ( 3 ) of this title, the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services. ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. ( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. ( g ) The term file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. ( h ) The term employment purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee. ( i ) Medical Information.The term medical information ( 1 ) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to ( A ) the past, present, or future physical, mental, or behavioral health or condition of an individual ; ( B ) the provision of health care to an individual ; or ( C ) the payment for the provision of health care to an individual. [ 2 ] ( 2 ) does not include the age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy. ( j ) Definitions Relating to Child Support Obligations. ( 1 ) Overdue support. The term overdue support has the meaning given to such term in section 666 ( e ) of title 42. ( 2 ) State or local child support enforcement agency. The term State or local child support enforcement agency means a State or local agency which administers a State or local program for establishing and enforcing child support obligations. ( k ) Adverse Action. ( 1 ) Actions included.The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 1681b ( a ) ( 3 ) ( D ) of this title ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under section 1681b ( a ) ( 3 ) ( F ) ( ii ) of this title ; and ( II ) adverse to the interests of the consumer. ( 2 ) Applicable findings, decisions, commentary, and orders. For purposes of any determination of whether an action is an adverse action under paragraph ( 1 ) ( A ), all appropriate final findings, decisions, commentary, and orders issued under section 1691 ( d ) ( 6 ) of this title by the Bureau or any court shall apply. ( l ) Firm Offer of Credit or Insurance.The term firm offer of credit or insurance means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following : ( 1 ) The consumer being determined, based on information in the consumers application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established ( A ) before selection of the consumer for the offer; and ( B ) for the purpose of determining whether to extend credit or insurance pursuant to the offer. ( 2 ) Verification ( A ) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumers application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or ( B ) of the information in the consumers application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability. ( 3 ) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was ( A ) established before selection of the consumer for the offer of credit or insurance; and ( B ) disclosed to the consumer in the offer of credit or insurance. ( m ) Credit or Insurance Transaction That Is Not Initiated by the Consumer.The term credit or insurance transaction that is not initiated by the consumer does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of ( 1 ) reviewing the account or insurance policy ; or ( 2 ) collecting the account. ( n ) State. The term State means any State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States. ( o ) Excluded Communications.A communication is described in this subsection if it is a communication ( 1 ) that, but for subsection ( d ) ( 2 ) ( D ), would be an investigative consumer report ; ( 2 ) that is made to a prospective employer for the purpose of ( A ) procuring an employee for the employer ; or ( B ) procuring an opportunity for a natural person to work for the employer ; ( 3 ) that is made by a person who regularly performs such procurement ; ( 4 ) that is not used by any person for any purpose other than a purpose described in subparagraph ( A ) or ( B ) of paragraph ( 2 ) ; and ( 5 ) with respect to which ( A ) the consumer who is the subject of the communication ( i ) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication ; ( ii ) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation ; and ( C ) the person who makes the communication ( i ) discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumers file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought ; and ( ii ) notifies the consumer who is the subject of the communication, in writing, of the consumers right to request the information described in clause ( i ). ( p ) Consumer Reporting Agency That Compiles and Maintains Files on Consumers on a Nationwide Basis.The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide : ( 1 ) Public record information. ( 2 ) Creditaccount information from persons who furnish that information regularly and in the ordinary course of business. ( q ) Definitions Relating to Fraud Alerts. ( 1 ) Active duty military consumer.The term active duty military consumer means a consumer in military service who ( A ) is on active duty ( as defined in section 101 ( d ) ( 1 ) of title 10 ) or is a reservist performing duty under a call or order to active duty under a provision of law referred to in section 101 ( a ) ( 13 ) of title 10 ; and ( B ) is assigned to service away from the usual duty station of the consumer. ( 2 ) Fraud alert ; active duty alert.The terms fraud alert and active duty alert mean a statement in the file of a consumer that ( A ) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft, or is an active duty military consumer, as applicable ; and ( B ) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph ( A ) by any person requesting such consumer report. ( 3 ) Identity theft. The term identity theft means a fraud committed using the identifying information of another person, subject to such further definition as the Bureau may prescribe, by regulation. ( 4 ) Identity theft report.The term identity theft report has the meaning given that term by rule of the Bureau, and means, at a minimum, a report ( A ) that alleges an identity theft ; ( B ) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Bureau ; and ( C ) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false. ( 5 ) New credit plan. The term new credit plan means a new account under an open end credit plan ( as defined in section 1602 ( i )? 1 of this title ) or a new credit transaction not under an open end credit plan. ( r ) Credit and Debit Related Terms ( 1 ) Card issuer.The term card issuer means ( A ) a credit card issuer, in the case of a credit card ; and ( B ) a debit card issuer, in the case of a debit card. ( 2 ) Credit card. The term credit card has the same meaning as in section 1602 of this title. ( 3 ) Debit card. The term debit card means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services. ( 4 ) Account and electronic fund transfer. The terms account and electronic fund transfer have the same meanings as in section 1693a of this title. ( 5 ) Credit and creditor. The terms credit and creditor have the same meanings as in section 1691a of this title. ( s ) Federal Banking Agency. The term Federal banking agency has the same meaning as in section 1813 of title 12. ( t ) Financial Institution. The term financial institution means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section 461 ( b ) of title 12 ) belonging to a consumer. ( u ) Reseller.The term reseller means a consumer reporting agency that ( 1 ) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities ; and ( 2 ) does not maintain a database of the assembled or merged information from which new consumer reports are produced. ( v ) Commission. The term Commission means the Bureau. [ 3 ] ( w ) The term Bureau means the Bureau of Consumer Financial Protection. ( x ) Nationwide Specialty Consumer Reporting Agency.The term nationwide specialty consumer reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to ( 1 ) medical records or payments ; ( 2 ) residential or tenant history ; ( 3 ) check writing history ; ( 4 ) employment history; or ( 5 ) insurance claims. ( y ) Exclusion of Certain Communications for Employee Investigations. ( 1 ) Communications described in this subsection.A communication is described in this subsection if ( A ) but for subsection ( d ) ( 2 ) ( D ), the communication would be a consumer report ; ( B ) the communication is made to an employer in connection with an investigation of ( i ) suspected misconduct relating to employment ; or ( ii ) compliance with Federal, State, or local laws and regulations, the rules of a self-regulatory organization, or any preexisting written policies of the employer ; ( C ) the communication is not made for the purpose of investigating a consumers credit worthiness, credit standing, or credit capacity ; and ( D ) the communication is not provided to any person except ( i ) to the employer or an agent of the employer ; ( ii ) to any Federal or State officer , agency, or department, or any officer, agency, or department of a unit of general local government ; ( iii ) to any self-regulatory organization with regulatory authority over the activities of the employer or employee ; ( iv ) as otherwise required by law ; or ( v ) pursuant to section 1681f of this title. ( 2 ) Subsequent disclosure. After taking any adverse action based in whole or in part on a communication described in paragraph ( 1 ), the employer shall disclose to the consumer a summary containing the nature and substance of the communication upon which the adverse action is based, except that the sources of information acquired solely for use in preparing what would be but for subsection ( d ) ( 2 ) ( D ) an investigative consumer report need not be disclosed. ( 3 ) Self-regulatory organization defined. For purposes of this subsection, the term self-regulatory organization includes any self-regulatory organization ( as defined in section 78c ( a ) ( 26 ) of this title ), any entity established under title I of the Sarbanes-Oxley Act of 2002 [ 15 U.S.C. 7211 et seq. ], any board of trade designated by the Commodity Futures Trading Commission, and any futures association registered with such Commission. ( z ) Veteran. The term veteran has the meaning given the term in section 101 of title 38. ( aa ) Veterans Medical Debt.The term veterans medical debt ( 1 ) means a medical collection debt of a veteran owed to a non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the Department of Veterans Affairs ; and ( 2 ) includes medical collection debt that the Department of Veterans Affairs has wrongfully charged a veteran. 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. ( c ) Attorneys fees : Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. ( d ) Clarification of willful noncompliance : For the purposes of this section, any person who printed an expiration date on any receipt provided to a consumer cardholder at a point of sale or transaction between XXXX XXXX XXXX and XXXX XXXX XXXX, but otherwise complied with the requirements of section 1681c ( g ) of this title for such receipt shall not be in willful noncompliance with section 1681c ( g ) of this title by reason of printing such expiration date on the receipt.","date_sent_to_company":"2024-01-21T04:49:22.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"106XX","tags":null,"has_narrative":true,"complaint_id":"8191162","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-01-21T04:49:17.000Z","state":"NY","company_public_response":null,"sub_issue":"Credit inquiries on your report that you don't recognize"},"highlight":{"complaint_what_happened":["the communication ; ( ii ) consents orally or in writing to the <em>making</em> of the communication to a prospective employer, before the <em>making</em> of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person <em>making</em> the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of <em>making</em> the communication"]},"sort":[5.252936,"8191162"]},{"_index":"complaint-public-v1","_id":"5347895","_score":5.242304,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I am XXXX XXXX, I am submitting this complaint for myself. No third party is involved. I am communicating with you directly as requested regarding concerns/ issues with my credit report. This letter represents my formal request to again dispute the aforementioned accounts as well as inquiries which are illegally being reported on my account. It was communicated to me to reach out to each individual agency to expedite the removal. As of the date of this letter, it has been over thirty days with no compliance to the Fair Credit Reporting Act ( FCRA 15 U.S.C. 1681 ) enacted by the United States Congress. By their findings, it is now my legal right to have these accounts and inquiries ( FCRA 15 U.S.C. 1681n ) removed. I understand the individual in receipt of this letter is most likely not an attorney. Therefore, I have attached the laws and definitions to educate any person of my legal rights in the United States of America. I appreciate you understanding how this adversely affects me and is in violation of my rights. Thank you for helping me take this federal matter seriously! 15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The 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. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 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. ( 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. 15 U.S. Code 1681a - Definitions ; rules of construction ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter. ( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. ( c ) The term consumer means an individual. ( d ) Consumer Report. ( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title. ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title ; or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] ( 3 ) Restriction on sharing of medical information.Except for information or any communication of information disclosed as provided in section 1681b ( g ) ( 3 ) of this title, the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services. ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. ( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. ( g ) The term file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. ( h ) The term employment purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee. ( i ) Medical Information.The term medical information ( 1 ) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to ( A ) the past, present, or future physical, mental, or behavioral health or condition of an individual ; ( B ) the provision of health care to an individual ; or ( C ) the payment for the provision of health care to an individual. [ 2 ] ( 2 ) does not include the age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy. ( j ) Definitions Relating to Child Support Obligations. ( 1 ) Overdue support. The term overdue support has the meaning given to such term in section 666 ( e ) of title 42. ( 2 ) State or local child support enforcement agency. The term State or local child support enforcement agency means a State or local agency which administers a State or local program for establishing and enforcing child support obligations. ( k ) Adverse Action. ( 1 ) Actions included.The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 1681b ( a ) ( 3 ) ( D ) of this title ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under section 1681b ( a ) ( 3 ) ( F ) ( ii ) of this title ; and ( II ) adverse to the interests of the consumer. ( 2 ) Applicable findings, decisions, commentary, and orders. For purposes of any determination of whether an action is an adverse action under paragraph ( 1 ) ( A ), all appropriate final findings, decisions, commentary, and orders issued under section 1691 ( d ) ( 6 ) of this title by the Bureau or any court shall apply. ( l ) Firm Offer of Credit or Insurance.The term firm offer of credit or insurance means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following : ( 1 ) The consumer being determined, based on information in the consumers application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established ( A ) before selection of the consumer for the offer; and ( B ) for the purpose of determining whether to extend credit or insurance pursuant to the offer. ( 2 ) Verification ( A ) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumers application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or ( B ) of the information in the consumers application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability. ( 3 ) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was ( A ) established before selection of the consumer for the offer of credit or insurance; and ( B ) disclosed to the consumer in the offer of credit or insurance. ( m ) Credit or Insurance Transaction That Is Not Initiated by the Consumer.The term credit or insurance transaction that is not initiated by the consumer does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of ( 1 ) reviewing the account or insurance policy ; or ( 2 ) collecting the account. ( n ) State. The term State means any State, the XXXX of XXXX XXXX, the XXXX XXXX XXXX, and any territory or possession of the United States. ( o ) Excluded Communications.A communication is described in this subsection if it is a communication ( 1 ) that, but for subsection ( d ) ( 2 ) ( D ), would be an investigative consumer report ; ( 2 ) that is made to a prospective employer for the purpose of ( A ) procuring an employee for the employer ; or ( B ) procuring an opportunity for a natural person to work for the employer ; ( 3 ) that is made by a person who regularly performs such procurement ; ( 4 ) that is not used by any person for any purpose other than a purpose described in subparagraph ( A ) or ( B ) of paragraph ( 2 ) ; and ( 5 ) with respect to which ( A ) the consumer who is the subject of the communication ( i ) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication ; ( ii ) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person making the communication, not later than XXXX  business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation ; and ( C ) the person who makes the communication ( i ) discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumers file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought ; and ( ii ) notifies the consumer who is the subject of the communication, in writing, of the consumers right to request the information described in clause ( i ). ( p ) Consumer Reporting Agency That Compiles and Maintains Files on Consumers on a Nationwide Basis.The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide : ( 1 ) Public record information. ( 2 ) Creditaccount information from persons who furnish that information regularly and in the ordinary course of business. ( q ) Definitions Relating to Fraud Alerts. ( 1 ) Active duty military consumer.The term active duty military consumer means a consumer in military service who ( A ) is on active duty ( as defined in section 101 ( d ) ( 1 ) of title 10 ) or is a reservist performing duty under a call or order to active duty under a provision of law referred to in section 101 ( a ) ( 13 ) of title 10 ; and ( B ) is assigned to service away from the usual duty station of the consumer. ( 2 ) Fraud alert ; active duty alert.The terms fraud alert and active duty alert mean a statement in the file of a consumer that ( A ) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft, or is an active duty military consumer, as applicable ; and ( B ) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph ( A ) by any person requesting such consumer report. ( 3 ) Identity theft. The term identity theft means a fraud committed using the identifying information of another person, subject to such further definition as the Bureau may prescribe, by regulation. ( 4 ) Identity theft report.The term identity theft report has the meaning given that term by rule of the Bureau, and means, at a minimum, a report ( A ) that alleges an identity theft ; ( B ) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Bureau ; and ( C ) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false. ( 5 ) New credit plan. The term new credit plan means a new account under an open end credit plan ( as defined in section 1602 ( i )? 1 of this title ) or a new credit transaction not under an open end credit plan. ( r ) Credit and Debit Related Terms ( 1 ) Card issuer.The term card issuer means ( A ) a credit card issuer, in the case of a credit card ; and ( B ) a debit card issuer, in the case of a debit card. ( 2 ) Credit card. The term credit card has the same meaning as in section 1602 of this title. ( 3 ) Debit card. The term debit card means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services. ( 4 ) Account and electronic fund transfer. The terms account and electronic fund transfer have the same meanings as in section 1693a of this title. ( 5 ) Credit and creditor. The terms credit and creditor have the same meanings as in section 1691a of this title. ( s ) Federal Banking Agency. The term Federal banking agency has the same meaning as in section 1813 of title 12. ( t ) Financial Institution. The term financial institution means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section 461 ( b ) of title 12 ) belonging to a consumer. ( u ) Reseller.The term reseller means a consumer reporting agency that ( 1 ) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities ; and ( 2 ) does not maintain a database of the assembled or merged information from which new consumer reports are produced. ( v ) Commission. The term Commission means the Bureau. [ 3 ] ( w ) The term Bureau means the Bureau of Consumer Financial Protection. ( x ) XXXX XXXX XXXX XXXX XXXXThe term nationwide specialty consumer reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to ( 1 ) medical records or payments ; ( 2 ) residential or tenant history ; ( 3 ) check writing history ; ( 4 ) employment history; or ( 5 ) insurance claims. ( y ) Exclusion of Certain Communications for Employee Investigations. ( 1 ) Communications described in this subsection.A communication is described in this subsection if ( A ) but for subsection ( d ) ( 2 ) ( D ), the communication would be a consumer report ; ( B ) the communication is made to an employer in connection with an investigation of ( i ) suspected misconduct relating to employment ; or ( ii ) compliance with Federal, State, or local laws and regulations, the rules of a self-regulatory organization, or any preexisting written policies of the employer ; ( C ) the communication is not made for the purpose of investigating a consumers credit worthiness, credit standing, or credit capacity ; and ( D ) the communication is not provided to any person except ( i ) to the employer or an agent of the employer ; ( ii ) to any Federal or State officer , agency, or department, or any officer, agency, or department of a unit of general local government ; ( iii ) to any self-regulatory organization with regulatory authority over the activities of the employer or employee ; ( iv ) as otherwise required by law ; or ( v ) pursuant to section 1681f of this title. ( 2 ) Subsequent disclosure. After taking any adverse action based in whole or in part on a communication described in paragraph ( 1 ), the employer shall disclose to the consumer a summary containing the nature and substance of the communication upon which the adverse action is based, except that the sources of information acquired solely for use in preparing what would be but for subsection ( d ) ( 2 ) ( D ) an investigative consumer report need not be disclosed. ( 3 ) Self-regulatory organization defined. For purposes of this subsection, the term self-regulatory organization includes any self-regulatory organization ( as defined in section 78c ( a ) ( 26 ) of this title ), any entity established under title I of the Sarbanes-Oxley Act of 2002 [ 15 U.S.C. 7211 et seq. ], any board of trade designated by the Commodity Futures Trading Commission, and any futures association registered with such Commission. ( z ) Veteran. The term veteran has the meaning given the term in section 101 of title 38. ( aa ) Veterans Medical Debt.The term veterans medical debt ( 1 ) means a medical collection debt of a veteran owed to a non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the XXXX XXXX XXXXXXXX XXXX ; and ( XXXX ) includes medical collection debt that the XXXX XXXX XXXXXXXX XXXX has wrongfully charged a veteran. 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. ( c ) Attorneys fees : Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. ( d ) Clarification of willful noncompliance : For the purposes of this section, any person who printed an expiration date on any receipt provided to a consumer cardholder at a point of sale or transaction between XX/XX/XXXX, and XX/XX/XXXX, but otherwise complied with the requirements of section 1681c ( g ) of this title for such receipt shall not be in willful noncompliance with section 1681c ( g ) of this title by reason of printing such expiration date on the receipt.","date_sent_to_company":"2022-03-21T18:28:48.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"10459","tags":null,"has_narrative":true,"complaint_id":"5347895","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2022-03-21T18:28:42.000Z","state":"NY","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["the communication ; ( ii ) consents orally or in writing to the <em>making</em> of the communication to a prospective employer, before the <em>making</em> of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person <em>making</em> the communication, not later than XXXX  business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of <em>making</em> the communication"]},"sort":[5.242304,"5347895"]},{"_index":"complaint-public-v1","_id":"5347890","_score":5.242304,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I am XXXX XXXX, I am submitting this complaint for myself. No third party is involved. I am communicating with you directly as requested regarding concerns/ issues with my credit report. This letter represents my formal request to again dispute the aforementioned accounts as well as inquiries which are illegally being reported on my account. It was communicated to me to reach out to each individual agency to expedite the removal. As of the date of this letter, it has been over thirty days with no compliance to the Fair Credit Reporting Act ( FCRA 15 U.S.C. 1681 ) enacted by the United States Congress. By their findings, it is now my legal right to have these accounts and inquiries ( FCRA 15 U.S.C. 1681n ) removed. I understand the individual in receipt of this letter is most likely not an attorney. Therefore, I have attached the laws and definitions to educate any person of my legal rights in the United States of America. I appreciate you understanding how this adversely affects me and is in violation of my rights. Thank you for helping me take this federal matter seriously! 15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The 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. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 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. ( 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. 15 U.S. Code 1681a - Definitions ; rules of construction ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter. ( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. ( c ) The term consumer means an individual. ( d ) Consumer Report. ( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title. ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title ; or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] ( 3 ) Restriction on sharing of medical information.Except for information or any communication of information disclosed as provided in section 1681b ( g ) ( 3 ) of this title, the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services. ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. ( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. ( g ) The term file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. ( h ) The term employment purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee. ( i ) Medical Information.The term medical information ( 1 ) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to ( A ) the past, present, or future physical, mental, or behavioral health or condition of an individual ; ( B ) the provision of health care to an individual ; or ( C ) the payment for the provision of health care to an individual. [ 2 ] ( 2 ) does not include the age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy. ( j ) Definitions Relating to Child Support Obligations. ( 1 ) Overdue support. The term overdue support has the meaning given to such term in section 666 ( e ) of title 42. ( 2 ) State or local child support enforcement agency. The term State or local child support enforcement agency means a State or local agency which administers a State or local program for establishing and enforcing child support obligations. ( k ) Adverse Action. ( 1 ) Actions included.The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 1681b ( a ) ( 3 ) ( D ) of this title ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under section 1681b ( a ) ( 3 ) ( F ) ( ii ) of this title ; and ( II ) adverse to the interests of the consumer. ( 2 ) Applicable findings, decisions, commentary, and orders. For purposes of any determination of whether an action is an adverse action under paragraph ( 1 ) ( A ), all appropriate final findings, decisions, commentary, and orders issued under section 1691 ( d ) ( 6 ) of this title by the Bureau or any court shall apply. ( l ) Firm Offer of Credit or Insurance.The term firm offer of credit or insurance means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following : ( 1 ) The consumer being determined, based on information in the consumers application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established ( A ) before selection of the consumer for the offer; and ( B ) for the purpose of determining whether to extend credit or insurance pursuant to the offer. ( 2 ) Verification ( A ) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumers application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or ( B ) of the information in the consumers application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability. ( 3 ) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was ( A ) established before selection of the consumer for the offer of credit or insurance; and ( B ) disclosed to the consumer in the offer of credit or insurance. ( m ) Credit or Insurance Transaction That Is Not Initiated by the Consumer.The term credit or insurance transaction that is not initiated by the consumer does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of ( 1 ) reviewing the account or insurance policy ; or ( 2 ) collecting the account. ( XXXX ) State. The term State means any State, the XXXX of XXXX XXXX, the District of Columbia, and any territory or possession of the United States. ( XXXX ) Excluded Communications.A communication is described in this subsection if it is a communication ( 1 ) that, but for subsection ( d ) ( 2 ) ( D ), would be an investigative consumer report ; ( 2 ) that is made to a prospective employer for the purpose of ( A ) procuring an employee for the employer ; or ( B ) procuring an opportunity for a natural person to work for the employer ; ( 3 ) that is made by a person who regularly performs such procurement ; ( 4 ) that is not used by any person for any purpose other than a purpose described in subparagraph ( A ) or ( B ) of paragraph ( 2 ) ; and ( 5 ) with respect to which ( A ) the consumer who is the subject of the communication ( i ) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication ; ( ii ) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation ; and ( C ) the person who makes the communication ( i ) discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumers file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought ; and ( ii ) notifies the consumer who is the subject of the communication, in writing, of the consumers right to request the information described in clause ( i ). ( p ) Consumer Reporting Agency That Compiles and Maintains Files on Consumers on a Nationwide Basis.The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide : ( 1 ) Public record information. ( 2 ) Creditaccount information from persons who furnish that information regularly and in the ordinary course of business. ( q ) Definitions Relating to Fraud Alerts. ( 1 ) Active duty military consumer.The term active duty military consumer means a consumer in military service who ( A ) is on active duty ( as defined in section 101 ( d ) ( 1 ) of title 10 ) or is a reservist performing duty under a call or order to active duty under a provision of law referred to in section 101 ( a ) ( 13 ) of title 10 ; and ( B ) is assigned to service away from the usual duty station of the consumer. ( 2 ) Fraud alert ; active duty alert.The terms fraud alert and active duty alert mean a statement in the file of a consumer that ( A ) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft, or is an active duty military consumer, as applicable ; and ( B ) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph ( A ) by any person requesting such consumer report. ( 3 ) Identity theft. The term identity theft means a fraud committed using the identifying information of another person, subject to such further definition as the Bureau may prescribe, by regulation. ( 4 ) Identity theft report.The term identity theft report has the meaning given that term by rule of the Bureau, and means, at a minimum, a report ( A ) that alleges an identity theft ; ( B ) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Bureau ; and ( C ) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false. ( 5 ) New credit plan. The term new credit plan means a new account under an open end credit plan ( as defined in section 1602 ( i )? 1 of this title ) or a new credit transaction not under an open end credit plan. ( r ) Credit and Debit Related Terms ( 1 ) Card issuer.The term card issuer means ( A ) a credit card issuer, in the case of a credit card ; and ( B ) a debit card issuer, in the case of a debit card. ( 2 ) Credit card. The term credit card has the same meaning as in section 1602 of this title. ( 3 ) Debit card. The term debit card means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services. ( 4 ) Account and electronic fund transfer. The terms account and electronic fund transfer have the same meanings as in section 1693a of this title. ( 5 ) Credit and creditor. The terms credit and creditor have the same meanings as in section 1691a of this title. ( s ) Federal Banking Agency. The term Federal banking agency has the same meaning as in section 1813 of title 12. ( t ) Financial Institution. The term financial institution means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section 461 ( b ) of title 12 ) belonging to a consumer. ( u ) Reseller.The term reseller means a consumer reporting agency that ( 1 ) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities ; and ( 2 ) does not maintain a database of the assembled or merged information from which new consumer reports are produced. ( v ) Commission. The term Commission means the Bureau. [ 3 ] ( w ) The term Bureau means the Bureau of Consumer Financial Protection. ( x ) XXXX XXXX XXXX XXXX XXXXThe term nationwide specialty consumer reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to ( 1 ) medical records or payments ; ( 2 ) residential or tenant history ; ( 3 ) check writing history ; ( 4 ) employment history; or ( 5 ) insurance claims. ( y ) Exclusion of Certain Communications for Employee Investigations. ( 1 ) Communications described in this subsection.A communication is described in this subsection if ( A ) but for subsection ( d ) ( 2 ) ( D ), the communication would be a consumer report ; ( B ) the communication is made to an employer in connection with an investigation of ( i ) suspected misconduct relating to employment ; or ( ii ) compliance with Federal, State, or local laws and regulations, the rules of a self-regulatory organization, or any preexisting written policies of the employer ; ( C ) the communication is not made for the purpose of investigating a consumers credit worthiness, credit standing, or credit capacity ; and ( D ) the communication is not provided to any person except ( i ) to the employer or an agent of the employer ; ( ii ) to any Federal or State officer , agency, or department, or any officer, agency, or department of a unit of general local government ; ( iii ) to any self-regulatory organization with regulatory authority over the activities of the employer or employee ; ( iv ) as otherwise required by law ; or ( v ) pursuant to section 1681f of this title. ( 2 ) Subsequent disclosure. After taking any adverse action based in whole or in part on a communication described in paragraph ( 1 ), the employer shall disclose to the consumer a summary containing the nature and substance of the communication upon which the adverse action is based, except that the sources of information acquired solely for use in preparing what would be but for subsection ( d ) ( 2 ) ( D ) an investigative consumer report need not be disclosed. ( 3 ) Self-regulatory organization defined. For purposes of this subsection, the term self-regulatory organization includes any self-regulatory organization ( as defined in section 78c ( a ) ( 26 ) of this title ), any entity established under title I of the Sarbanes-Oxley Act of 2002 [ 15 U.S.C. 7211 et seq. ], any board of trade designated by the Commodity Futures Trading Commission, and any futures association registered with such Commission. ( z ) Veteran. The term veteran has the meaning given the term in section 101 of title 38. ( aa ) Veterans Medical Debt.The term veterans medical debt ( 1 ) means a medical collection debt of a veteran owed to a non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the Department of Veterans Affairs ; and ( 2 ) includes medical collection debt that the Department of Veterans Affairs has wrongfully charged a veteran. 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. ( c ) Attorneys fees : Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. ( d ) Clarification of willful noncompliance : For the purposes of this section, any person who printed an expiration date on any receipt provided to a consumer cardholder at a point of sale or transaction between XX/XX/XXXX, and XX/XX/XXXX, but otherwise complied with the requirements of section 1681c ( g ) of this title for such receipt shall not be in willful noncompliance with section 1681c ( g ) of this title by reason of printing such expiration date on the receipt.","date_sent_to_company":"2022-03-21T18:28:31.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"10459","tags":null,"has_narrative":true,"complaint_id":"5347890","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2022-03-21T18:15:45.000Z","state":"NY","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["the communication ; ( ii ) consents orally or in writing to the <em>making</em> of the communication to a prospective employer, before the <em>making</em> of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person <em>making</em> the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of <em>making</em> the communication"]},"sort":[5.242304,"5347890"]},{"_index":"complaint-public-v1","_id":"5342710","_score":5.242304,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I am XXXX XXXX, I am submitting this complaint for myself. No third party is involved. I am communicating with you directly as requested regarding concerns/ issues with my credit report. This letter represents my formal request to again dispute the aforementioned accounts as well as inquiries which are illegally being reported on my account. \n\nIt was communicated to me to reach out to each individual agency to expedite the removal. As of the date of this letter, it has been over thirty days with no compliance to the Fair Credit Reporting Act ( FCRA 15 U.S.C. 1681 ) enacted by the United States Congress. By their findings, it is now my legal right to have these accounts and inquiries ( FCRA 15 U.S.C. 1681n ) removed. \n\nI understand the individual in receipt of this letter is most likely not an attorney. Therefore, I have attached the laws and definitions to educate any person of my legal rights in the United States of America. \n\n\nI appreciate you understanding how this adversely affects me and is in violation of my rights. Thank you for helping me take this federal matter seriously! \n\n15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The 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\n\n15 U.S. Code 1681a - Definitions ; rules of construction ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter. \n\n( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. \n\n( c ) The term consumer means an individual. \n\n( d ) Consumer Report. \n\n( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title. \n\n( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title ; or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] ( 3 ) Restriction on sharing of medical information.Except for information or any communication of information disclosed as provided in section 1681b ( g ) ( 3 ) of this title, the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services. \n\n( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. \n\n( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. \n\n( g ) The term file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. \n\n( h ) The term employment purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee. \n\n( i ) Medical Information.The term medical information ( 1 ) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to ( A ) the past, present, or future physical, mental, or behavioral health or condition of an individual ; ( B ) the provision of health care to an individual ; or ( C ) the payment for the provision of health care to an individual. [ 2 ] ( 2 ) does not include the age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy. \n\n( j ) Definitions Relating to Child Support Obligations. \n\n( 1 ) Overdue support.\n\nThe term overdue support has the meaning given to such term in section 666 ( e ) of title 42.\n\n( 2 ) State or local child support enforcement agency.\n\nThe term State or local child support enforcement agency means a State or local agency which administers a State or local program for establishing and enforcing child support obligations. \n\n( k ) Adverse Action. \n\n( 1 ) Actions included.The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 1681b ( a ) ( 3 ) ( D ) of this title ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under section 1681b ( a ) ( 3 ) ( F ) ( ii ) of this title ; and ( II ) adverse to the interests of the consumer. \n\n( 2 ) Applicable findings, decisions, commentary, and orders.\n\nFor purposes of any determination of whether an action is an adverse action under paragraph ( 1 ) ( A ), all appropriate final findings, decisions, commentary, and orders issued under section 1691 ( d ) ( 6 ) of this title by the Bureau or any court shall apply. \n\n( l ) Firm Offer of Credit or Insurance.The term firm offer of credit or insurance means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following : ( 1 ) The consumer being determined, based on information in the consumers application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established ( A ) before selection of the consumer for the offer; and ( B ) for the purpose of determining whether to extend credit or insurance pursuant to the offer. \n\n( 2 ) Verification ( A ) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumers application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or ( B ) of the information in the consumers application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability. \n\n( 3 ) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was ( A ) established before selection of the consumer for the offer of credit or insurance; and ( B ) disclosed to the consumer in the offer of credit or insurance. \n\n( m ) Credit or Insurance Transaction That Is Not Initiated by the Consumer.The term credit or insurance transaction that is not initiated by the consumer does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of ( 1 ) reviewing the account or insurance policy ; or ( 2 ) collecting the account.\n\n( n ) State.\n\nThe term State means any State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States. \n\n( o ) Excluded Communications.A communication is described in this subsection if it is a communication ( 1 ) that, but for subsection ( d ) ( 2 ) ( D ), would be an investigative consumer report ; ( 2 ) that is made to a prospective employer for the purpose of ( A ) procuring an employee for the employer ; or ( B ) procuring an opportunity for a natural person to work for the employer ; ( 3 ) that is made by a person who regularly performs such procurement ; ( 4 ) that is not used by any person for any purpose other than a purpose described in subparagraph ( A ) or ( B ) of paragraph ( 2 ) ; and ( 5 ) with respect to which ( A ) the consumer who is the subject of the communication ( i ) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication ; ( ii ) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation ; and ( C ) the person who makes the communication ( i ) discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumers file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought ; and ( ii ) notifies the consumer who is the subject of the communication, in writing, of the consumers right to request the information described in clause ( i ). \n\n( p ) Consumer Reporting Agency That Compiles and Maintains Files on Consumers on a Nationwide Basis.The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide : ( 1 ) Public record information.\n\n( 2 ) Creditaccount information from persons who furnish that information regularly and in the ordinary course of business.\n\n( q ) Definitions Relating to Fraud Alerts. \n\n( 1 ) Active duty military consumer.The term active duty military consumer means a consumer in military service who ( A ) is on active duty ( as defined in section 101 ( d ) ( 1 ) of title 10 ) or is a reservist performing duty under a call or order to active duty under a provision of law referred to in section 101 ( a ) ( 13 ) of title 10 ; and ( B ) is assigned to service away from the usual duty station of the consumer.\n\n( 2 ) Fraud alert ; active duty alert.The terms fraud alert and active duty alert mean a statement in the file of a consumer that ( A ) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft, or is an active duty military consumer, as applicable ; and ( B ) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph ( A ) by any person requesting such consumer report. \n\n( XXXX ) Identity theft. \n\nThe term identity theft means a fraud committed using the identifying information of another person, subject to such further definition as the Bureau may prescribe, by regulation.\n\n( 4 ) Identity theft report.The term identity theft report has the meaning given that term by rule of the Bureau, and means, at a minimum, a report ( A ) that alleges an identity theft ; ( B ) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Bureau ; and ( C ) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false. \n\n( 5 ) New credit plan.\n\nThe term new credit plan means a new account under an open end credit plan ( as defined in section 1602 ( i )? 1 of this title ) or a new credit transaction not under an open end credit plan.\n\n( r ) Credit and Debit Related Terms ( 1 ) Card issuer.The term card issuer means ( A ) a credit card issuer, in the case of a credit card ; and ( B ) a debit card issuer, in the case of a debit card.\n\n( 2 ) Credit card.\n\nThe term credit card has the same meaning as in section 1602 of this title. \n\n( 3 ) Debit card.\n\nThe term debit card means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services.\n\n( 4 ) Account and electronic fund transfer.\n\nThe terms account and electronic fund transfer have the same meanings as in section 1693a of this title. \n\n( 5 ) Credit and creditor.\n\nThe terms credit and creditor have the same meanings as in section 1691a of this title.\n\n( s ) Federal Banking Agency.\n\nThe term Federal banking agency has the same meaning as in section 1813 of title 12.\n\n( t ) Financial Institution. \n\nThe term financial institution means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section 461 ( b ) of title 12 ) belonging to a consumer. \n\n( u ) Reseller.The term reseller means a consumer reporting agency that ( XXXX ) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities ; and ( XXXX ) does not maintain a database of the assembled or merged information from which new consumer reports are produced. \n\n( v XXXX Commission.\n\nThe term Commission means the Bureau. [ 3 ] ( w ) The term Bureau means the Bureau of Consumer Financial Protection.\n\n( x ) Nationwide Specialty Consumer Reporting Agency.The term nationwide specialty consumer reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to ( 1 ) medical records or payments ; ( 2 ) residential or tenant history ; ( 3 ) check writing history ; ( 4 ) employment history; or ( 5 ) insurance claims.\n\n( y ) Exclusion of Certain Communications for Employee Investigations.\n\n( 1 ) Communications described in this subsection.A communication is described in this subsection if ( A ) but for subsection ( d ) ( 2 ) ( D ), the communication would be a consumer report ; ( B ) the communication is made to an employer in connection with an investigation of ( i ) suspected misconduct relating to employment ; or ( ii ) compliance with Federal, State, or local laws and regulations, the rules of a self-regulatory organization, or any preexisting written policies of the employer ; ( C ) the communication is not made for the purpose of investigating a consumers credit worthiness, credit standing, or credit capacity ; and ( D ) the communication is not provided to any person except ( i ) to the employer or an agent of the employer ; ( ii ) to any Federal or State officer , agency, or department, or any officer, agency, or department of a unit of general local government ; ( iii ) to any self-regulatory organization with regulatory authority over the activities of the employer or employee ; ( iv ) as otherwise required by law ; or ( v ) pursuant to section 1681f of this title.\n\n( 2 ) Subsequent disclosure.\n\nAfter taking any adverse action based in whole or in part on a communication described in paragraph ( 1 ), the employer shall disclose to the consumer a summary containing the nature and substance of the communication upon which the adverse action is based, except that the sources of information acquired solely for use in preparing what would be but for subsection ( d ) ( 2 ) ( D ) an investigative consumer report need not be disclosed.\n\n( 3 ) Self-regulatory organization defined. \n\nFor purposes of this subsection, the term self-regulatory organization includes any self-regulatory organization ( as defined in section 78c ( a ) ( 26 ) of this title ), any entity established under title I of the Sarbanes-Oxley Act of 2002 [ 15 U.S.C. 7211 et seq. ], any board of trade designated by the Commodity Futures Trading Commission, and any futures association registered with such Commission. \n\n( z ) Veteran. \n\nThe term veteran has the meaning given the term in section 101 of title 38.\n\n( aa ) Veterans Medical Debt.The term veterans medical debt ( 1 ) means a medical collection debt of a veteran owed to a non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the Department of Veterans Affairs ; and ( 2 ) includes medical collection debt that the Department of Veterans Affairs has wrongfully charged a veteran.\n\n15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( XXXX ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. \n\n( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. \n\n( c ) Attorneys fees : Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. \n\n( d ) Clarification of willful noncompliance : For the purposes of this section, any person who printed an expiration date on any receipt provided to a consumer cardholder at a point of sale or transaction between XX/XX/XXXX, and XX/XX/XXXX, but otherwise complied with the requirements of section 1681c ( g ) of this title for such receipt shall not be in willful noncompliance with section 1681c ( g ) of this title by reason of printing such expiration date on the receipt.","date_sent_to_company":"2022-03-20T05:03:21.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"10940","tags":null,"has_narrative":true,"complaint_id":"5342710","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2022-03-20T01:03:14.000Z","state":"NY","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["the communication ; ( ii ) consents orally or in writing to the <em>making</em> of the communication to a prospective employer, before the <em>making</em> of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person <em>making</em> the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of <em>making</em> the communication"]},"sort":[5.242304,"5342710"]},{"_index":"complaint-public-v1","_id":"8191434","_score":5.236614,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am XXXX XXXX, I am submitting this complaint for myself. No third party is involved. I am communicating with you directly as requested regarding concerns/ issues with my credit report. This letter represents my formal request to again dispute the aforementioned accounts as well as inquiries which are illegally being reported on my account. It was communicated to me to reach out to each individual agency to expedite the removal. As of the date of this letter, it has been over thirty days with no compliance to the Fair Credit Reporting Act ( FCRA 15 U.S.C. 1681 ) enacted by the United States Congress. By their findings, it is now my legal right to have these accounts and inquiries ( FCRA 15 U.S.C. 1681n ) removed. I understand the individual in receipt of this letter is most likely not an attorney. Therefore, I have attached the laws and definitions to educate any person of my legal rights in the United States of America. I appreciate you understanding how this adversely affects me and is in violation of my rights. Thank you for helping me take this federal matter seriously! 15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The 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. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 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. ( 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. 15 U.S. Code 1681a - Definitions ; rules of construction ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter. ( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. ( c ) The term consumer means an individual. ( d ) Consumer Report. ( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title. ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title ; or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] ( 3 ) Restriction on sharing of medical information.Except for information or any communication of information disclosed as provided in section 1681b ( g ) ( 3 ) of this title, the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services. ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. ( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. ( g ) The term file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. ( h ) The term employment purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee. ( i ) Medical Information.The term medical information ( 1 ) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to ( A ) the past, present, or future physical, mental, or behavioral health or condition of an individual ; ( B ) the provision of health care to an individual ; or ( C ) the payment for the provision of health care to an individual. [ 2 ] ( 2 ) does not include the age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy. ( j ) Definitions Relating to Child Support Obligations. ( 1 ) Overdue support. The term overdue support has the meaning given to such term in section 666 ( e ) of title 42. ( 2 ) State or local child support enforcement agency. The term State or local child support enforcement agency means a State or local agency which administers a State or local program for establishing and enforcing child support obligations. ( k ) Adverse Action. ( 1 ) Actions included.The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 1681b ( a ) ( 3 ) ( D ) of this title ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under section 1681b ( a ) ( 3 ) ( F ) ( ii ) of this title ; and ( II ) adverse to the interests of the consumer. ( 2 ) Applicable findings, decisions, commentary, and orders. For purposes of any determination of whether an action is an adverse action under paragraph ( 1 ) ( A ), all appropriate final findings, decisions, commentary, and orders issued under section 1691 ( d ) ( 6 ) of this title by the Bureau or any court shall apply. ( l ) Firm Offer of Credit or Insurance.The term firm offer of credit or insurance means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following : ( 1 ) The consumer being determined, based on information in the consumers application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established ( A ) before selection of the consumer for the offer; and ( B ) for the purpose of determining whether to extend credit or insurance pursuant to the offer. ( 2 ) Verification ( A ) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumers application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or ( B ) of the information in the consumers application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability. ( 3 ) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was ( A ) established before selection of the consumer for the offer of credit or insurance; and ( B ) disclosed to the consumer in the offer of credit or insurance. ( m ) Credit or Insurance Transaction That Is Not Initiated by the Consumer.The term credit or insurance transaction that is not initiated by the consumer does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of ( 1 ) reviewing the account or insurance policy ; or ( 2 ) collecting the account. ( n ) State. The term State means any State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States. ( o ) Excluded Communications.A communication is described in this subsection if it is a communication ( 1 ) that, but for subsection ( d ) ( 2 ) ( D ), would be an investigative consumer report ; ( 2 ) that is made to a prospective employer for the purpose of ( A ) procuring an employee for the employer ; or ( B ) procuring an opportunity for a natural person to work for the employer ; ( 3 ) that is made by a person who regularly performs such procurement ; ( 4 ) that is not used by any person for any purpose other than a purpose described in subparagraph ( A ) or ( B ) of paragraph ( 2 ) ; and ( 5 ) with respect to which ( A ) the consumer who is the subject of the communication ( i ) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication ; ( ii ) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation ; and ( C ) the person who makes the communication ( i ) discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumers file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought ; and ( ii ) notifies the consumer who is the subject of the communication, in writing, of the consumers right to request the information described in clause ( i ). ( p ) Consumer Reporting Agency That Compiles and Maintains Files on Consumers on a Nationwide Basis.The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide : ( 1 ) Public record information. ( 2 ) Creditaccount information from persons who furnish that information regularly and in the ordinary course of business. ( q ) Definitions Relating to Fraud Alerts. ( 1 ) Active duty military consumer.The term active duty military consumer means a consumer in military service who ( A ) is on active duty ( as defined in section 101 ( d ) ( 1 ) of title 10 ) or is a reservist performing duty under a call or order to active duty under a provision of law referred to in section 101 ( a ) ( 13 ) of title 10 ; and ( B ) is assigned to service away from the usual duty station of the consumer. ( 2 ) Fraud alert ; active duty alert.The terms fraud alert and active duty alert mean a statement in the file of a consumer that ( A ) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft, or is an active duty military consumer, as applicable ; and ( B ) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph ( A ) by any person requesting such consumer report. ( 3 ) Identity theft. The term identity theft means a fraud committed using the identifying information of another person, subject to such further definition as the Bureau may prescribe, by regulation. ( 4 ) Identity theft report.The term identity theft report has the meaning given that term by rule of the Bureau, and means, at a minimum, a report ( A ) that alleges an identity theft ; ( B ) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Bureau ; and ( C ) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false. ( 5 ) New credit plan. The term new credit plan means a new account under an open end credit plan ( as defined in section 1602 ( i )? 1 of this title ) or a new credit transaction not under an open end credit plan. ( r ) Credit and Debit Related Terms ( 1 ) Card issuer.The term card issuer means ( A ) a credit card issuer, in the case of a credit card ; and ( B ) a debit card issuer, in the case of a debit card. ( 2 ) Credit card. The term credit card has the same meaning as in section 1602 of this title. ( 3 ) Debit card. The term debit card means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services. ( 4 ) Account and electronic fund transfer. The terms account and electronic fund transfer have the same meanings as in section 1693a of this title. ( 5 ) Credit and creditor. The terms credit and creditor have the same meanings as in section 1691a of this title. ( s ) Federal Banking Agency. The term Federal banking agency has the same meaning as in section 1813 of title 12. ( t ) Financial Institution. The term financial institution means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section 461 ( b ) of title 12 ) belonging to a consumer. ( u ) Reseller.The term reseller means a consumer reporting agency that ( 1 ) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities ; and ( 2 ) does not maintain a database of the assembled or merged information from which new consumer reports are produced. ( v ) Commission. The term Commission means the Bureau. [ 3 ] ( w ) The term Bureau means the Bureau of Consumer Financial Protection. ( x ) Nationwide Specialty Consumer Reporting Agency.The term nationwide specialty consumer reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to ( 1 ) medical records or payments ; ( 2 ) residential or tenant history ; ( 3 ) check writing history ; ( 4 ) employment history; or ( 5 ) insurance claims. ( y ) Exclusion of Certain Communications for Employee Investigations. ( 1 ) Communications described in this subsection.A communication is described in this subsection if ( A ) but for subsection ( d ) ( 2 ) ( D ), the communication would be a consumer report ; ( B ) the communication is made to an employer in connection with an investigation of ( i ) suspected misconduct relating to employment ; or ( ii ) compliance with Federal, State, or local laws and regulations, the rules of a self-regulatory organization, or any preexisting written policies of the employer ; ( C ) the communication is not made for the purpose of investigating a consumers credit worthiness, credit standing, or credit capacity ; and ( D ) the communication is not provided to any person except ( i ) to the employer or an agent of the employer ; ( ii ) to any Federal or State officer , agency, or department, or any officer, agency, or department of a unit of general local government ; ( iii ) to any self-regulatory organization with regulatory authority over the activities of the employer or employee ; ( iv ) as otherwise required by law ; or ( v ) pursuant to section 1681f of this title. ( 2 ) Subsequent disclosure. After taking any adverse action based in whole or in part on a communication described in paragraph ( 1 ), the employer shall disclose to the consumer a summary containing the nature and substance of the communication upon which the adverse action is based, except that the sources of information acquired solely for use in preparing what would be but for subsection ( d ) ( 2 ) ( D ) an investigative consumer report need not be disclosed. ( 3 ) Self-regulatory organization defined. For purposes of this subsection, the term self-regulatory organization includes any self-regulatory organization ( as defined in section 78c ( a ) ( 26 ) of this title ), any entity established under title I of the Sarbanes-Oxley Act of 2002 [ 15 U.S.C. 7211 et seq. ], any board of trade designated by the Commodity Futures Trading Commission, and any futures association registered with such Commission. ( z ) Veteran. The term veteran has the meaning given the term in section 101 of title 38. ( aa ) Veterans Medical Debt.The term veterans medical debt ( 1 ) means a medical collection debt of a veteran owed to a non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the Department of Veterans Affairs ; and ( 2 ) includes medical collection debt that the Department of Veterans Affairs has wrongfully charged a veteran. 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. ( c ) Attorneys fees : Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. ( d ) Clarification of willful noncompliance : For the purposes of this section, any person who printed an expiration date on any receipt provided to a consumer cardholder at a point of sale or transaction between XX/XX/XXXX, and XX/XX/XXXX, but otherwise complied with the requirements of section 1681c ( g ) of this title for such receipt shall not be in willful noncompliance with section 1681c ( g ) of this title by reason of printing such expiration date on the receipt.","date_sent_to_company":"2024-01-21T04:49:22.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"106XX","tags":null,"has_narrative":true,"complaint_id":"8191434","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-01-21T04:49:17.000Z","state":"NY","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Credit inquiries on your report that you don't recognize"},"highlight":{"complaint_what_happened":["the communication ; ( ii ) consents orally or in writing to the <em>making</em> of the communication to a prospective employer, before the <em>making</em> of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person <em>making</em> the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of <em>making</em> the communication"]},"sort":[5.236614,"8191434"]},{"_index":"complaint-public-v1","_id":"5347894","_score":5.236614,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I am XXXX XXXX, I am submitting this complaint for myself. No third party is involved. I am communicating with you directly as requested regarding concerns/ issues with my credit report. This letter represents my formal request to again dispute the aforementioned accounts as well as inquiries which are illegally being reported on my account. It was communicated to me to reach out to each individual agency to expedite the removal. As of the date of this letter, it has been over thirty days with no compliance to the Fair Credit Reporting Act ( FCRA 15 U.S.C. 1681 ) enacted by the United States Congress. By their findings, it is now my legal right to have these accounts and inquiries ( FCRA 15 U.S.C. 1681n ) removed. I understand the individual in receipt of this letter is most likely not an attorney. Therefore, I have attached the laws and definitions to educate any person of my legal rights in the United States of America. I appreciate you understanding how this adversely affects me and is in violation of my rights. Thank you for helping me take this federal matter seriously! 15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The 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. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 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. ( 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. 15 U.S. Code 1681a - Definitions ; rules of construction ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter. ( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. ( c ) The term consumer means an individual. ( d ) Consumer Report. ( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title. ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title ; or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] ( 3 ) Restriction on sharing of medical information.Except for information or any communication of information disclosed as provided in section 1681b ( g ) ( 3 ) of this title, the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services. ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. ( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. ( g ) The term file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. ( h ) The term employment purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee. ( i ) Medical Information.The term medical information ( 1 ) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to ( A ) the past, present, or future physical, mental, or behavioral health or condition of an individual ; ( B ) the provision of health care to an individual ; or ( C ) the payment for the provision of health care to an individual. [ 2 ] ( 2 ) does not include the age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy. ( j ) Definitions Relating to Child Support Obligations. ( 1 ) Overdue support. The term overdue support has the meaning given to such term in section 666 ( e ) of title 42. ( 2 ) State or local child support enforcement agency. The term State or local child support enforcement agency means a State or local agency which administers a State or local program for establishing and enforcing child support obligations. ( k ) Adverse Action. ( 1 ) Actions included.The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 1681b ( a ) ( 3 ) ( D ) of this title ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under section 1681b ( a ) ( 3 ) ( F ) ( ii ) of this title ; and ( II ) adverse to the interests of the consumer. ( 2 ) Applicable findings, decisions, commentary, and orders. For purposes of any determination of whether an action is an adverse action under paragraph ( 1 ) ( A ), all appropriate final findings, decisions, commentary, and orders issued under section 1691 ( d ) ( 6 ) of this title by the Bureau or any court shall apply. ( l ) Firm Offer of Credit or Insurance.The term firm offer of credit or insurance means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following : ( 1 ) The consumer being determined, based on information in the consumers application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established ( A ) before selection of the consumer for the offer; and ( B ) for the purpose of determining whether to extend credit or insurance pursuant to the offer. ( 2 ) Verification ( A ) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumers application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or ( B ) of the information in the consumers application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability. ( 3 ) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was ( A ) established before selection of the consumer for the offer of credit or insurance; and ( B ) disclosed to the consumer in the offer of credit or insurance. ( m ) Credit or Insurance Transaction That Is Not Initiated by the Consumer.The term credit or insurance transaction that is not initiated by the consumer does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of ( 1 ) reviewing the account or insurance policy ; or ( 2 ) collecting the account. ( n ) State. The term State means any State, the XXXX of XXXX XXXX, the District of Columbia, and any territory or possession of the United States. ( o ) Excluded Communications.A communication is described in this subsection if it is a communication ( 1 ) that, but for subsection ( d ) ( 2 ) ( D ), would be an investigative consumer report ; ( 2 ) that is made to a prospective employer for the purpose of ( A ) procuring an employee for the employer ; or ( B ) procuring an opportunity for a natural person to work for the employer ; ( 3 ) that is made by a person who regularly performs such procurement ; ( 4 ) that is not used by any person for any purpose other than a purpose described in subparagraph ( A ) or ( B ) of paragraph ( 2 ) ; and ( 5 ) with respect to which ( A ) the consumer who is the subject of the communication ( i ) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication ; ( ii ) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation ; and ( C ) the person who makes the communication ( i ) discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumers file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought ; and ( ii ) notifies the consumer who is the subject of the communication, in writing, of the consumers right to request the information described in clause ( i ). ( p ) Consumer Reporting Agency That Compiles and Maintains Files on Consumers on a Nationwide Basis.The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide : ( 1 ) Public record information. ( 2 ) Creditaccount information from persons who furnish that information regularly and in the ordinary course of business. ( q ) Definitions Relating to Fraud Alerts. ( 1 ) Active duty military consumer.The term active duty military consumer means a consumer in military service who ( A ) is on active duty ( as defined in section 101 ( d ) ( 1 ) of title 10 ) or is a reservist performing duty under a call or order to active duty under a provision of law referred to in section 101 ( a ) ( 13 ) of title 10 ; and ( B ) is assigned to service away from the usual duty station of the consumer. ( 2 ) Fraud alert ; active duty alert.The terms fraud alert and active duty alert mean a statement in the file of a consumer that ( A ) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft, or is an active duty military consumer, as applicable ; and ( B ) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph ( A ) by any person requesting such consumer report. ( 3 ) Identity theft. The term identity theft means a fraud committed using the identifying information of another person, subject to such further definition as the Bureau may prescribe, by regulation. ( 4 ) Identity theft report.The term identity theft report has the meaning given that term by rule of the Bureau, and means, at a minimum, a report ( A ) that alleges an identity theft ; ( B ) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Bureau ; and ( C ) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false. ( 5 ) New credit plan. The term new credit plan means a new account under an open end credit plan ( as defined in section 1602 ( i )? 1 of this title ) or a new credit transaction not under an open end credit plan. ( r ) Credit and Debit Related Terms ( 1 ) Card issuer.The term card issuer means ( A ) a credit card issuer, in the case of a credit card ; and ( B ) a debit card issuer, in the case of a debit card. ( 2 ) Credit card. The term credit card has the same meaning as in section 1602 of this title. ( 3 ) Debit card. The term debit card means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services. ( 4 ) Account and electronic fund transfer. The terms account and electronic fund transfer have the same meanings as in section 1693a of this title. ( 5 ) Credit and creditor. The terms credit and creditor have the same meanings as in section 1691a of this title. ( s ) Federal Banking Agency. The term Federal banking agency has the same meaning as in section 1813 of title 12. ( t ) Financial Institution. The term financial institution means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section 461 ( b ) of title 12 ) belonging to a consumer. ( u ) Reseller.The term reseller means a consumer reporting agency that ( 1 ) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities ; and ( 2 ) does not maintain a database of the assembled or merged information from which new consumer reports are produced. ( v ) Commission. The term Commission means the Bureau. [ 3 ] ( w ) The term Bureau means the Bureau of Consumer Financial Protection. ( x ) XXXX XXXX XXXX XXXX XXXXThe term nationwide specialty consumer reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to ( 1 ) medical records or payments ; ( 2 ) residential or tenant history ; ( 3 ) check writing history ; ( 4 ) employment history; or ( 5 ) insurance claims. ( y ) Exclusion of Certain Communications for Employee Investigations. ( 1 ) Communications described in this subsection.A communication is described in this subsection if ( A ) but for subsection ( d ) ( 2 ) ( D ), the communication would be a consumer report ; ( B ) the communication is made to an employer in connection with an investigation of ( i ) suspected misconduct relating to employment ; or ( ii ) compliance with Federal, State, or local laws and regulations, the rules of a self-regulatory organization, or any preexisting written policies of the employer ; ( C ) the communication is not made for the purpose of investigating a consumers credit worthiness, credit standing, or credit capacity ; and ( D ) the communication is not provided to any person except ( i ) to the employer or an agent of the employer ; ( ii ) to any Federal or State officer , agency, or department, or any officer, agency, or department of a unit of general local government ; ( iii ) to any self-regulatory organization with regulatory authority over the activities of the employer or employee ; ( iv ) as otherwise required by law ; or ( v ) pursuant to section 1681f of this title. ( 2 ) Subsequent disclosure. After taking any adverse action based in whole or in part on a communication described in paragraph ( 1 ), the employer shall disclose to the consumer a summary containing the nature and substance of the communication upon which the adverse action is based, except that the sources of information acquired solely for use in preparing what would be but for subsection ( d ) ( 2 ) ( D ) an investigative consumer report need not be disclosed. ( 3 ) Self-regulatory organization defined. For purposes of this subsection, the term self-regulatory organization includes any self-regulatory organization ( as defined in section 78c ( a ) ( 26 ) of this title ), any entity established under title I of the Sarbanes-Oxley Act of 2002 [ 15 U.S.C. 7211 et seq. ], any board of trade designated by the Commodity Futures Trading Commission, and any futures association registered with such Commission. ( z ) Veteran. The term veteran has the meaning given the term in section 101 of title 38. ( aa ) Veterans Medical Debt.The term veterans medical debt ( 1 ) means a medical collection debt of a veteran owed to a non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the XXXX XXXX XXXX XXXXXXXX ; and ( XXXX ) includes medical collection debt that the XXXX XXXX XXXXXXXX XXXX has wrongfully charged a veteran. 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. ( c ) Attorneys fees : Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. ( d ) Clarification of willful noncompliance : For the purposes of this section, any person who printed an expiration date on any receipt provided to a consumer cardholder at a point of sale or transaction between XX/XX/XXXX, and XX/XX/XXXX, but otherwise complied with the requirements of section 1681c ( g ) of this title for such receipt shall not be in willful noncompliance with section 1681c ( g ) of this title by reason of printing such expiration date on the receipt.","date_sent_to_company":"2022-03-21T18:28:48.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"10459","tags":null,"has_narrative":true,"complaint_id":"5347894","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2022-03-21T18:28:42.000Z","state":"NY","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["the communication ; ( ii ) consents orally or in writing to the <em>making</em> of the communication to a prospective employer, before the <em>making</em> of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person <em>making</em> the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of <em>making</em> the communication"]},"sort":[5.236614,"5347894"]},{"_index":"complaint-public-v1","_id":"5342879","_score":5.236614,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I am XXXX XXXX, I am submitting this complaint for myself. No third party is involved. I am communicating with you directly as requested regarding concerns/ issues with my credit report. This letter represents my formal request to again dispute the aforementioned accounts as well as inquiries which are illegally being reported on my account. It was communicated to me to reach out to each individual agency to expedite the removal. As of the date of this letter, it has been over thirty days with no compliance to the Fair Credit Reporting Act ( FCRA 15 U.S.C. 1681 ) enacted by the United States Congress. By their findings, it is now my legal right to have these accounts and inquiries ( FCRA 15 U.S.C. 1681n ) removed. I understand the individual in receipt of this letter is most likely not an attorney. Therefore, I have attached the laws and definitions to educate any person of my legal rights in the United States of America. I appreciate you understanding how this adversely affects me and is in violation of my rights. Thank you for helping me take this federal matter seriously! 15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The 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. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 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. ( 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. 15 U.S. Code 1681a - Definitions ; rules of construction ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter. ( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. ( c ) The term consumer means an individual. ( d ) Consumer Report. ( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title. ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title ; or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] ( 3 ) Restriction on sharing of medical information.Except for information or any communication of information disclosed as provided in section 1681b ( g ) ( 3 ) of this title, the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services. ( XXXX ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. ( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. ( g ) The term file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. ( h ) The term employment purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee. ( i ) Medical Information.The term medical information ( 1 ) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to ( A ) the past, present, or future physical, mental, or behavioral health or condition of an individual ; ( B ) the provision of health care to an individual ; or ( C ) the payment for the provision of health care to an individual. [ 2 ] ( 2 ) does not include the age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy. ( j ) Definitions Relating to Child Support Obligations. ( 1 ) Overdue support. The term overdue support has the meaning given to such term in section 666 ( e ) of title 42. ( 2 ) State or local child support enforcement agency. The term State or local child support enforcement agency means a State or local agency which administers a State or local program for establishing and enforcing child support obligations. ( k ) Adverse Action. ( 1 ) Actions included.The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 1681b ( a ) ( 3 ) ( D ) of this title ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under section 1681b ( a ) ( 3 ) ( F ) ( ii ) of this title ; and ( II ) adverse to the interests of the consumer. ( 2 ) Applicable findings, decisions, commentary, and orders. For purposes of any determination of whether an action is an adverse action under paragraph ( 1 ) ( A ), all appropriate final findings, decisions, commentary, and orders issued under section 1691 ( d ) ( 6 ) of this title by the Bureau or any court shall apply. ( l ) Firm Offer of Credit or Insurance.The term firm offer of credit or insurance means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following : ( 1 ) The consumer being determined, based on information in the consumers application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established ( A ) before selection of the consumer for the offer; and ( B ) for the purpose of determining whether to extend credit or insurance pursuant to the offer. ( 2 ) Verification ( A ) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumers application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or ( B ) of the information in the consumers application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability. ( 3 ) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was ( A ) established before selection of the consumer for the offer of credit or insurance; and ( B ) disclosed to the consumer in the offer of credit or insurance. ( m ) Credit or Insurance Transaction That Is Not Initiated by the Consumer.The term credit or insurance transaction that is not initiated by the consumer does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of ( 1 ) reviewing the account or insurance policy ; or ( 2 ) collecting the account. ( n ) State. The term State means any State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States. ( o ) Excluded Communications.A communication is described in this subsection if it is a communication ( 1 ) that, but for subsection ( d ) ( 2 ) ( D ), would be an investigative consumer report ; ( 2 ) that is made to a prospective employer for the purpose of ( A ) procuring an employee for the employer ; or ( B ) procuring an opportunity for a natural person to work for the employer ; ( 3 ) that is made by a person who regularly performs such procurement ; ( 4 ) that is not used by any person for any purpose other than a purpose described in subparagraph ( A ) or ( B ) of paragraph ( 2 ) ; and ( 5 ) with respect to which ( A ) the consumer who is the subject of the communication ( i ) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication ; ( ii ) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation ; and ( C ) the person who makes the communication ( i ) discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumers file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought ; and ( ii ) notifies the consumer who is the subject of the communication, in writing, of the consumers right to request the information described in clause ( i ). ( p ) Consumer Reporting Agency That Compiles and Maintains Files on Consumers on a Nationwide Basis.The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide : ( 1 ) Public record information. ( 2 ) Creditaccount information from persons who furnish that information regularly and in the ordinary course of business. ( q ) Definitions Relating to Fraud Alerts. ( XXXX ) XXXX XXXX XXXX consumer.The term XXXX XXXX XXXX consumer means a consumer in military service who ( A ) is on XXXX XXXX ( as defined in section 101 ( d ) ( 1 ) of title 10 ) or is a reservist performing duty under a call or order to XXXX XXXX under a provision of law referred to in section 101 ( a ) ( 13 ) of title 10 ; and ( B ) is assigned to service away from the usual duty station of the consumer. ( 2 ) Fraud alert ; XXXX XXXX alert.The terms fraud alert and XXXX XXXX alert mean a statement in the file of a consumer that ( A ) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft, or is an XXXX XXXX military consumer, as applicable ; and ( B ) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph ( A ) by any person requesting such consumer report. ( 3 ) Identity theft. The term identity theft means a fraud committed using the identifying information of another person, subject to such further definition as the Bureau may prescribe, by regulation. ( 4 ) Identity theft report.The term identity theft report has the meaning given that term by rule of the Bureau, and means, at a minimum, a report ( A ) that alleges an identity theft ; ( B ) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Bureau ; and ( C ) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false. ( 5 ) New credit plan. The term new credit plan means a new account under an open end credit plan ( as defined in section 1602 ( i )? 1 of this title ) or a new credit transaction not under an open end credit plan. ( r ) Credit and Debit Related Terms ( 1 ) Card issuer.The term card issuer means ( A ) a credit card issuer, in the case of a credit card ; and ( B ) a debit card issuer, in the case of a debit card. ( 2 ) Credit card. The term credit card has the same meaning as in section 1602 of this title. ( 3 ) Debit card. The term debit card means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services. ( 4 ) Account and electronic fund transfer. The terms account and electronic fund transfer have the same meanings as in section 1693a of this title. ( 5 ) Credit and creditor. The terms credit and creditor have the same meanings as in section 1691a of this title. ( s ) Federal Banking Agency. The term Federal banking agency has the same meaning as in section 1813 of title 12. ( t ) Financial Institution. The term financial institution means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section 461 ( b ) of title 12 ) belonging to a consumer. ( u ) Reseller.The term reseller means a consumer reporting agency that ( 1 ) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities ; and ( 2 ) does not maintain a database of the assembled or merged information from which new consumer reports are produced. ( v ) Commission. The term Commission means the Bureau. [ 3 ] ( w ) The term Bureau means the Bureau of Consumer Financial Protection. ( x ) Nationwide Specialty Consumer Reporting Agency.The term nationwide specialty consumer reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to ( 1 ) medical records or payments ; ( 2 ) residential or tenant history ; ( 3 ) check writing history ; ( 4 ) employment history; or ( 5 ) insurance claims. ( y ) Exclusion of Certain Communications for Employee Investigations. ( 1 ) Communications described in this subsection.A communication is described in this subsection if ( A ) but for subsection ( d ) ( 2 ) ( D ), the communication would be a consumer report ; ( B ) the communication is made to an employer in connection with an investigation of ( i ) suspected misconduct relating to employment ; or ( ii ) compliance with Federal, State, or local laws and regulations, the rules of a self-regulatory organization, or any preexisting written policies of the employer ; ( C ) the communication is not made for the purpose of investigating a consumers credit worthiness, credit standing, or credit capacity ; and ( D ) the communication is not provided to any person except ( i ) to the employer or an agent of the employer ; ( ii ) to any Federal or State officer , agency, or department, or any officer, agency, or department of a unit of general local government ; ( iii ) to any self-regulatory organization with regulatory authority over the activities of the employer or employee ; ( iv ) as otherwise required by law ; or ( v ) pursuant to section 1681f of this title. ( 2 ) Subsequent disclosure. After taking any adverse action based in whole or in part on a communication described in paragraph ( 1 ), the employer shall disclose to the consumer a summary containing the nature and substance of the communication upon which the adverse action is based, except that the sources of information acquired solely for use in preparing what would be but for subsection ( d ) ( 2 ) ( D ) an investigative consumer report need not be disclosed. ( 3 ) Self-regulatory organization defined. For purposes of this subsection, the term self-regulatory organization includes any self-regulatory organization ( as defined in section 78c ( a ) ( 26 ) of this title ), any entity established under title I of the Sarbanes-Oxley Act of XXXX  [ 15 U.S.C. 7211 et seq. ], any board of trade designated by the Commodity Futures Trading Commission, and any futures association registered with such Commission. ( z ) Veteran. The term veteran has the meaning given the term in section 101 of title 38. ( aa ) Veterans Medical Debt.The term veterans medical debt ( 1 ) means a medical collection debt of a veteran owed to a non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the Department of Veterans Affairs ; and ( 2 ) includes medical collection debt that the Department of Veterans Affairs has wrongfully charged a veteran. 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court. ( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. ( c ) Attorneys fees : Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. ( d ) Clarification of willful noncompliance : For the purposes of this section, any person who printed an expiration date on any receipt provided to a consumer cardholder at a point of sale or transaction between XX/XX/XXXX, and XX/XX/XXXX, but otherwise complied with the requirements of section 1681c ( g ) of this title for such receipt shall not be in willful noncompliance with section 1681c ( g ) of this title by reason of printing such expiration date on the receipt.","date_sent_to_company":"2022-03-20T05:08:14.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"10940","tags":null,"has_narrative":true,"complaint_id":"5342879","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2022-03-20T01:04:38.000Z","state":"NY","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["the communication ; ( ii ) consents orally or in writing to the <em>making</em> of the communication to a prospective employer, before the <em>making</em> of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person <em>making</em> the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of <em>making</em> the communication"]},"sort":[5.236614,"5342879"]},{"_index":"complaint-public-v1","_id":"5342636","_score":5.236614,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"I am XXXX XXXX, I am submitting this complaint for myself. No third party is involved. I am communicating with you directly as requested regarding concerns/ issues with my credit report. This letter represents my formal request to again dispute the aforementioned accounts as well as inquiries which are illegally being reported on my account. \n\nIt was communicated to me to reach out to each individual agency to expedite the removal. As of the date of this letter, it has been over thirty days with no compliance to the Fair Credit Reporting Act ( FCRA 15 U.S.C. 1681 ) enacted by the United States Congress. By their findings, it is now my legal right to have these accounts and inquiries ( FCRA 15 U.S.C. 1681n ) removed. \n\nI understand the individual in receipt of this letter is most likely not an attorney. Therefore, I have attached the laws and definitions to educate any person of my legal rights in the United States of America. \n\n\nI appreciate you understanding how this adversely affects me and is in violation of my rights. Thank you for helping me take this federal matter seriously!\n\n15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The 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 U.S. Code 1681a - Definitions ; rules of construction ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter.\n\n( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.\n\n( c ) The term consumer means an i\nndividual.\n\n( d ) Consumer Report.\n\n( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.\n\n( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title ; or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] ( 3 ) Restriction on sharing of medical information.Except for information or any communication of information disclosed as provided in section 1681b ( g ) ( 3 ) of this title, the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services. \n\n( XXXX ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. \n\n( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. \n\n( g ) The term file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. \n\n( h ) The term employment purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee. \n\n( i ) Medical Information.The term medical information ( 1 ) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to ( A ) the past, present, or future physical, mental, or behavioral health or condition of an individual ; ( B ) the provision of health care to an individual ; or ( C ) the payment for the provision of health care to an individual. [ 2 ] ( 2 ) does not include the age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy. \n\n( j ) Definitions Relating to Child Support Obligations.\n\n( 1 ) Overdue support.\n\nThe term overdue support has the meaning given to such term in section 666 ( e ) of title 42.\n\n( 2 ) State or local child support enforcement agency.\n\nThe term State or local child support enforcement agency means a State or local agency which administers a State or local program for establishing and enforcing child support obligations.\n\n( k ) Adverse Action.\n\n( 1 ) Actions included.The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 1681b ( a ) ( 3 ) ( D ) of this title ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under section 1681b ( a ) ( 3 ) ( F ) ( ii ) of this title ; and ( II ) adverse to the interests of the consumer.\n\n( 2 ) Applicable findings, decisions, commentary, and orders.\n\nFor purposes of any determination of whether an action is an adverse action under paragraph ( 1 ) ( A ), all appropriate final findings, decisions, commentary, and orders issued under section 1691 ( d ) ( 6 ) of this title by the Bureau or any court shall apply. \n\n( l ) Firm Offer of Credit or Insurance.The term firm offer of credit or insurance means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following : ( 1 ) The consumer being determined, based on information in the consumers application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established ( A ) before selection of the consumer for the offer; and ( B ) for the purpose of determining whether to extend credit or insurance pursuant to the offer.\n\n( 2 ) Verification ( A ) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumers application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or ( B ) of the information in the consumers application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability.\n\n( 3 ) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was ( A ) established before selection of the consumer for the offer of credit or insurance; and ( B ) disclosed to the consumer in the offer of credit or insurance.\n\n( m ) Credit or Insurance Transaction That Is Not Initiated by the Consumer.The term credit or insurance transaction that is not initiated by the consumer does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of ( 1 ) rev\niewing the account or insurance policy ; or ( 2 ) collecting the account.\n\n( n ) State.\n\nThe term State means any State, the XXXXXXXX XXXX XXXXXXXX XXXX, the XXXX XXXX XXXX, and any territory or possession of the United States.\n\n( o ) Excluded Communications.A communication is described in this subsection if it is a communication ( 1 ) that, but for subsection ( d ) ( 2 ) ( D ), would be an investigative consumer report ; ( 2 ) that is made to a prospective employer for the purpose of ( A ) procuring an employee for the employer ; or ( B ) procuring an opportunity for a natural person to work for the employer ; ( 3 ) that is made by a person who regularly performs such procurement ; ( 4 ) that is not used by any person for any purpose other than a purpose described in subparagraph ( A ) or ( B ) of paragraph ( 2 ) ; and ( 5 ) with respect to which ( A ) the consumer who is the subject of the communication ( i ) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication ; ( ii ) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation ; and ( C ) the person who makes the communication ( i ) discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumers file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought ; and ( ii ) notifies the consumer who is the subject of the communication, in writing, of the consumers right to request the information described in clause ( i ). \n\n( p ) Consumer Reporting Agency That Compiles and Maintains Files on Consumers on a Nationwide Basis.The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide : ( 1 ) Public record information.\n\n( 2 ) Creditaccount information from persons who furnish that information regularly and in the ordinary course of business.\n\n( q ) Definitions Relating to Fraud Alerts. \n\n( 1 ) XXXX XXXX military consumer.The term XXXX XXXX military consumer means a consumer in military service who ( A ) is on XXXX XXXX ( as defined in section 101 ( d ) ( 1 ) of title 10 ) or is a XXXX performing XXXX  under a XXXX XXXX XXXX XXXX XXXXXXXX XXXX under a provision of law referred to in section 101 ( a ) ( 13 ) of title 10 ; and ( B ) is assigned to service away from the usual duty station of the consumer.\n\n( 2 ) Fraud alert ; XXXX XXXX alert.The terms fraud alert and XXXX XXXX alert mean a statement in the file of a consumer that ( A ) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft, or is an XXXX XXXX military consumer, as applicable ; and ( B ) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph ( A ) by any person requesting such consumer report.\n\n( 3 ) Identity theft.\n\nThe term identity theft means a fraud committed using the identifying information of another person, subject to such further definition as the Bureau may prescribe, by regulation.\n\n( 4 ) Identity theft report.The term identity theft report has the meaning given that term by rule of the Bureau, and means, at a minimum, a report ( A ) that alleges an identity theft ; ( B ) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Bureau ; and ( C ) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false.\n\n( 5 ) New credit plan.\n\nThe term new credit plan means a new account under an open end credit plan ( as defined in section 1602 ( i )? 1 of this title ) or a new credit transaction not under an open end credit plan.\n\n( r ) Credit and Debit Related Terms ( 1 ) Card issuer.The term card issuer means ( A ) a credit card issuer, in the case of a credit card ; and ( B ) a debit card issuer, in the case of a debit card. \n\n( XXXX ) Credit card. \n\nThe term credit card has the same meaning as in section 1602 of this title.\n\n( 3 ) Debit card.\n\nThe term debit card means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services.\n\n( 4 ) Account and electronic fund transfer.\n\nThe terms account and electronic fund transfer have the same meanings as in section 1693a of this title.\n\n( 5 ) Credit and creditor.\n\nThe terms credit and creditor have the same meanings as in section 1691a of this title.\n\n( s ) Federal Banking Agency.\nThe term Federal banking agency has the same meaning as in section 1813 of title 12.\n\n( t ) Financial Institution.\n\nThe term financial institution mean\ns a State or XXXX bank, a State or Federal savings and loan association, a XXXX XXXX XXXX a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section 461 ( b ) of title 12 ) belonging to a consumer.\n\n( u ) Reseller.The term reseller means\na consumer reporting agency that ( 1 ) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities ; and ( 2 ) does not maintain a database of the assembled or merged information from which new consumer reports are produced.\n\n( v ) Commission.\n\nThe term Commission means the Bureau. [ 3 ] ( w ) The term Bureau means the Bureau of Consumer Financial Protection.\n\n( x ) Nationwide Specialty Consumer Reporting Agency.The term nationwide specialty consumer reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to ( 1 ) medical records or payments ; ( 2 ) residential or tenant history ; ( 3 ) check writing history ; ( 4 ) employment history; or ( 5 ) insurance claims.\n\n( y ) Exclusion of Certain Communications for Employee Investigations.\n\n( 1 ) Communications described in this subsection.A communication is described in this subsection if ( A ) but for subsection ( d ) ( 2 ) ( D ), the communication would be a consumer report ; ( B ) the communication is made to an employer in connection with an investigation of ( i ) suspected misconduct relating to employment ; or ( ii ) compliance with Federal, State, or local laws and regulations, the rules of a self-regulatory organization, or any preexisting written policies of the employer ; ( C ) the communication is not made for the purpose of investigating a consumers credit worthiness, credit standing, or credit capacity ; and ( D ) the communication is not provided to any person except ( i ) to the employer or an agent of the employer ; ( ii ) to any Federal or State officer , agency, or department, or any officer, agency, or department of a unit of general local government ; ( iii ) to any self-regulatory organization with regulatory authority over the activities of the employer or employee ; ( iv ) as otherwise required by law ; or ( v ) pursuant to section 1681f of this title.\n\n( 2 ) Subsequent disclosure.\n\nAfter taking any adverse action based in whole or in part on a communication described in paragraph ( 1 ), the employer shall disclose to the consumer a summary containing the nature and substance of the communication upon which the adverse action is based, except that the sources of information acquired solely for use in preparing what would be but for subsection ( d ) ( XXXX ) ( D ) an investigative consumer report need not be disclosed.\n\n( 3 ) Self-regulatory organization defined.\n\nFor purposes of this subsection, the term self-regulatory organization includes any self-regulatory organization ( as defined in section 78c ( a ) ( 26 ) of this title ), any entity established under title I of the Sarbanes-Oxley Act of 2002 [ 15 U.S.C. 7211 et seq. ], any board of trade designated by the Commodity Futures Trading Commission, and any futures association registered with such Commission.\n\n( z ) Veteran.\n\nThe term veteran has the meaning given the term in section 101 of title 38.\n\n( aa ) Veterans Medical Debt.The term veterans medical debt ( 1 ) means a medical collection debt of a veteran owed to a non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the Department of Veterans Affairs ; and ( 2 ) includes medical collection debt that the Department of Veterans Affairs has wrongfully charged a veteran.\n\n15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than {$100.00} and not more than {$1000.00} ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or {$1000.00}, whichever is greater ; ( 2 ) such amount of punitive damages as the court may allow ; and ( 3 ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorneys fees as determined by the court.\n\n( b ) Civil liability for knowing noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. \n\n( c ) Attorneys fees : Upon a finding by the court that an unsuccessful pleading, motion, or other paper filed in connection with an action under this section was filed in bad faith or for purposes of harassment, the court shall award to the prevailing party attorneys fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.\n\n( d ) Clarification of willful noncompliance : For the purposes of this section, any person who printed an expiration date on any receipt provided to a consumer cardholder at a point of sale or transaction between XX/XX/XXXX, and XX/XX/XXXX, but otherwise complied with the requirements of section 1681c ( g ) of this title for such receipt shall not be in willful noncompliance with section 1681c ( g ) of this title by reason of printing such expiration date on the receipt.","date_sent_to_company":"2022-03-20T05:03:06.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"10940","tags":null,"has_narrative":true,"complaint_id":"5342636","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2022-03-20T00:14:33.000Z","state":"NY","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["the communication ; ( ii ) consents orally or in writing to the <em>making</em> of the communication to a prospective employer, before the <em>making</em> of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person <em>making</em> the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of <em>making</em> the communication"]},"sort":[5.236614,"5342636"]},{"_index":"complaint-public-v1","_id":"8863809","_score":5.07847,"_source":{"product":"Debt collection","complaint_what_happened":"I do not know what this account is and do not owe this money 601. Short title This title may be cited as the Fair Credit Reporting Act.\n\n602. Congressional findings and statement of purpose [ 15 U.S.C. 1681 ] ( a ) Accuracy and fairness of credit reporting. The 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 title 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 title.\n\n603. Definitions ; rules of construction [ 15 U.S.C. 1681a ] ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this title.\n\n( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.\n\n( c ) The term consumer means an individual.\n\n( d ) Consumer Report ( 1 ) In general. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, 2 603 - 15 U.S.C. 1681a credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 604 [ 1681b ].\n\n( 2 ) Exclusions. Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 624, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 615 [ 1681m ] ; or ( D ) a communication described in subsection ( o ) or ( x ) .1 1 Should be read as ( o ) or ( y ) because section 603 ( x ) was re-designated as 603 ( y ) in 2010 by the CFPA.\n\n603 - 15 U.S.C. 1681a 3 ( 3 ) Restriction on sharing of medical information. Except for information or any communication of information disclosed as provided in section 604 ( g ) ( 3 ), the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services.\n\n( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer.\n\n( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.\n\n( g ) The term file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored.\n\n( h ) The term employment purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee.\n\n( i ) The term medical information ( 1 ) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to 4 603 - 15 U.S.C. 1681a ( A ) the past, present, or future physical, mental, or behavioral health or condition of an individual ; ( B ) the provision of health care to an individual ; or ( C ) the payment for the provision of health care to an individual.\n\n( 2 ) does not include the age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy.\n\n( j ) Definitions Relating to Child Support Obligations ( 1 ) The overdue support has the meaning given to such term in section 666 ( e ) of title 42 [ Social Security Act, 42 U.S.C. 666 ( e ) ].\n\n( 2 ) The term State or local child support enforcement agency means a State or local agency which administers a State or local program for establishing and enforcing child support obligations.\n\n( k ) Adverse Action ( 1 ) Actions included. The term adverse action ( A ) has the same meaning as in section 701 ( d ) ( 6 ) of the Equal Credit Opportunity Act ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 604 ( a ) ( 3 ) ( D ) [ 1681b ] ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any 603 - 15 U.S.C. 1681a 5 consumer, or in connection with a review of an account under section 604 ( a ) ( 3 ) ( F ) ( ii ) [ 1681b ] ; and ( II ) adverse to the interests of the consumer.\n\n( 2 ) Applicable findings, decisions, commentary, and orders. For purposes of any determination of whether an action is an adverse action under paragraph ( 1 ) ( A ), all appropriate final findings, decisions, commentary, and orders issued under section 701 ( d ) ( 6 ) of the Equal Credit Opportunity Act by the Bureau or any court shall apply.\n\n( l ) The term firm offer of credit or insurance means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following : ( 1 ) The consumer being determined, based on information in the consumers application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established ( A ) before selection of the consumer for the offer; and ( B ) for the purpose of determining whether to extend credit or insurance pursuant to the offer.\n\n( 2 ) Verification ( A ) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumers application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or ( B ) of the information in the consumers application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability.\n\n( 3 ) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was ( A ) established before selection of the consumer for the offer of credit or insurance; and ( B ) disclosed to the consumer in the offer of credit or insurance.\n\n6 603 - 15 U.S.C. 1681a ( m ) The term credit or insurance transaction that is not initiated by the consumer does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of ( 1 ) reviewing the account or insurance policy ; or ( 2 ) collecting the account.\n\n( n ) The term State means any State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States.\n\n( o ) Excluded communications. A communication is described in this subsection if it is a communication ( 1 ) that, but for subsection ( d ) ( 2 ) ( D ), would be an investigative consumer report ; ( 2 ) that is made to a prospective employer for the purpose of ( A ) procuring an employee for the employer ; or ( B ) procuring an opportunity for a natural person to work for the employer ; ( 3 ) that is made by a person who regularly performs such procurement ; ( 4 ) that is not used by any person for any purpose other than a purpose described in subparagraph ( A ) or ( B ) of paragraph ( 2 ) ; and ( 5 ) with respect to which ( A ) the consumer who is the subject of the communication ( i ) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication ; ( ii ) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation ; and 603 - 15 U.S.C. 1681a 7 ( C ) the person who makes the communication ( i ) discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumers file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought ; and ( ii ) notifies the consumer who is the subject of the communication, in writing, of the consumers right to request the information described in clause ( i ).\n\n( p ) The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide : ( 1 ) Public record information.\n\n( 2 ) Credit account information from persons who furnish that information regularly and in the ordinary course of business.\n\n( q ) Definitions relating to fraud alerts.\n\n( 1 ) The term active duty military consumer means a consumer in military service who ( A ) is on active duty ( as defined in section 101 ( d ) ( 1 ) of title 10, United States Code ) or is a reservist performing duty under a call or order to active duty under a provision of law referred to in section 101 ( a ) ( 13 ) of title 10, United States Code ; and ( B ) is assigned to service away from the usual duty station of the consumer.\n\n( 2 ) The terms fraud alert and active duty alert mean a statement in the file of a consumer that ( A ) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft, or is an active duty military consumer, as applicable ; and 8 603 - 15 U.S.C. 1681a ( B ) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph ( A ) by any person requesting such consumer report.\n\n( 3 ) The term identity theft means a fraud committed using the identifying information of another person, subject to such further definition as the Bureau may prescribe, by regulation.\n\nSee also 16 CFR Part 603.2 69 Fed. Reg. 63922 ( 11/03/04 ) ( 4 ) The term identity theft report has the meaning given that term by rule of the Bureau, and means, at a minimum, a report See also 16 CFR Part 603.3 69 Fed. Reg. 63922 ( 11/03/04 ) ( A ) that alleges an identity theft ; ( B ) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Bureau ; and ( C ) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false.\n\n( 5 ) The term new credit plan means a new account under an open end credit plan ( as defined in section 103 ( i ) of the Truth in Lending Act ) or a new credit transaction not under an open end credit plan.\n\n( r ) Credit and Debit Related Terms ( 1 ) The term card issuer means ( A ) a credit card issuer, in the case of a credit card ; and ( B ) a debit card issuer, in the case of a debit card.\n\n( 2 ) The term credit card has the same meaning as in section 103 of the Truth in Lending Act.\n\n( 3 ) The term debit card means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services.\n\n( 4 ) The terms account and electronic fund transfer have the same meanings as in section 903 of the Electronic Fund Transfer Act.\n\n603 - 15 U.S.C. 1681a 9 ( 5 ) The terms credit and creditor have the same meanings as in section 702 of the Equal Credit Opportunity Act.\n\n( s ) The term Federal banking agency has the same meaning as in section 3 of the Federal Deposit Insurance Act.\n\n( t ) The term financial institution means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section 19 ( b ) of the Federal Reserve Act ) belonging to a consumer.\n\n( u ) The term reseller means a consumer reporting agency that ( 1 ) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities ; and ( 2 ) does not maintain a database of the assembled or merged information from which new consumer reports are produced.\n\n( v ) The term Commission means the Federal Trade Commission.\n\n( w ) The term Bureau means the Bureau of Consumer Financial Protection.\n\n( x ) The term nationwide specialty consumer reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to ( 1 ) medical records or payments ; ( 2 ) residential or tenant history ; ( 3 ) check writing history ; ( 4 ) employment history; or ( 5 ) insurance claims.\n\n( y ) Exclusion of Certain Communications for Employee Investigations ( 1 ) A communication is described in this subsection if ( A ) but for subsection ( d ) ( 2 ) ( D ), the communication would be a consumer report ; ( B ) the communication is made to an employer in connection with an investigation of ( i ) suspected misconduct relating to employment ; or 10 603 - 15 U.S.C. 1681a ( ii ) compliance with Federal, State, or local laws and regulations, the rules of a self-regulatory organization, or any preexisting written policies of the employer ; ( C ) the communication is not made for the purpose of investigating a consumers credit worthiness, credit standing, or credit capacity ; and ( D ) the communication is not provided to any person except ( i ) to the employer or an agent of the employer ; ( ii ) to any Federal or State officer , agency, or department, or any officer, agency, or department of a unit of general local government ; ( iii ) to any self-regulatory organization with regulatory authority over the activities of the employer or employee ; ( iv ) as otherwise required by law ; or ( v ) pursuant to section 608.\n\n( 2 ) Subsequent disclosure. After taking any adverse action based in whole or in part on a communication described in paragraph ( 1 ), the employer shall disclose to the consumer a summary containing the nature and substance of the communication upon which the adverse action is based, except that the sources of information acquired solely for use in preparing what would be but for subsection ( d ) ( 2 ) ( D ) an investigative consumer report need not be disclosed.\n\n( 3 ) For purposes of this subsection, the term self-regulatory organization includes any self-regulatory organization ( as defined in section 3 ( a ) ( 26 ) of the Securities Exchange Act of 1934 ), any entity established under title I of the Sarbanes-Oxley Act of 2002, any board of trade designated by the Commodity Futures Trading Commission, and any futures association registered with such Commission .\n\n( z ) Veteran. The term veteran has the meaning given the term in section 101 of title 38, United States Code.\n\n( aa ) Veterans medical debt. The term veterans medical debt ( 1 ) means a medical collection debt of a veteran owed to a non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the Department of Veterans Affairs ; and ( 2 ) includes medical collection debt that the Department of Veterans Affairs has wrongfully charged a veteran.\n\n604 - 15 U.S.C. 1681b 11 604. Permissible purposes of consumer reports [ 15 U.S.C. 1681b ] ( 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, or a subpoena issued in connection with proceedings before a Federal grand jury.\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.2 ( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards. 2 2 As written in the 2007 amendment that added section 604 ( a ) ( 3 ) ( G ). Subsection F ( ii ) should end with ; or instead of a period, and the text of subsection ( g ) should conform to the style of the rest of section 605 ( a ) ( 3 ).\n\n12 604 - 15 U.S.C. 1681b ( 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( D ) Redesignated ( C ) ( 5 ) To an agency administering a State plan under Section 454 of the Social Security Act ( 42 U.S.C. 654 ) 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 or the Federal Credit Union Act, 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.\n\n( 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 604 - 15 U.S.C. 1681b 13 ( 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 title, as prescribed by the Bureau under section 609 ( c ) ( 3 ) [ 1681g ].\n\n( 2 ) Disclosure to Consumer.\n\n( 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 615 ( a ) ( 3 ) ; 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 14 604 - 15 U.S.C. 1681b ( 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.\n\n( 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 title, as prescribed by the Bureau under section 609 ( c ) ( 3 ) .3 ( B ) Application by mail, telephone, computer, or other similar means.\n\n( 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 615 ( a ), 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 ; 3 The references in Sections 604 ( b ) ( 3 ) ( A ) and 604 ( b ) ( 3 ) ( B ) should be to Section 609 ( c ) ( 1 ), not ( c ) ( 3 ) that no longer exists as the result of Congress re-organization of Section 609 ( c ) in 2003 ( FACT Act ).\n\n604 - 15 U.S.C. 1681b 15 ( 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 609 ( c ) ( 3 ) .3 ( 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.\n\n( A ) In general. In the case of an agency or department of the United States Government which seeks to obtain and use a 16 604 - 15 U.S.C. 1681b consumer report for employment purposes","date_sent_to_company":"2024-04-26T14:48:05.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"77498","tags":null,"has_narrative":true,"complaint_id":"8863809","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Sequium Asset Solutions, LLC","date_received":"2024-04-26T14:44:40.000Z","state":"TX","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["the communication ; ( ii ) consents orally or in writing to the <em>making</em> of the communication to a prospective employer, before the <em>making</em> of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person <em>making</em> the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of <em>making</em> the communication"]},"sort":[5.07847,"8863809"]},{"_index":"complaint-public-v1","_id":"8864589","_score":5.059804,"_source":{"product":"Debt collection","complaint_what_happened":"I never had Insurance with XXXX I requested a quote and now i see they saying I owe money. \n601. Short title This title may be cited as the Fair Credit Reporting Act.\n\n602. Congressional findings and statement of purpose [ 15 U.S.C. 1681 ] ( a ) Accuracy and fairness of credit reporting. The 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( XXXX ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. \n( XXXX ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. \n( XXXX ) 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( b ) Reasonable procedures. It is the purpose of this title 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 title.\n\n603. Definitions ; rules of construction [ 15 U.S.C. 1681a ] ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this title.\n\n( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. \n( c ) The term consumer means an individual.\n\n( d ) Consumer Report ( 1 ) In general. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, 2 603 - 15 U.S.C. 1681a credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 604 [ 1681b ].\n\n( 2 ) Exclusions. Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 624, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 615 [ 1681m ] ; or ( D ) a communication described in subsection ( o ) or ( x ) .1 1 Should be read as ( o ) or ( y ) because section 603 ( x ) was re-designated as 603 ( y ) in 2010 by the CFPA.\n\n603 - 15 U.S.C. 1681a 3 ( 3 ) Restriction on sharing of medical information. Except for information or any communication of information disclosed as provided in section 604 ( g ) ( 3 ), the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services. \n( XXXX ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who XXXX have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. \n( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. \n( g ) The term file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. \n( h ) The term employment purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee. \n( i ) The term medical information ( XXXX ) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to 4 603 - 15 U.S.C. 1681a ( A ) the past, present, or future physical, XXXX, or behavioral health or condition of an individual ; ( B ) the provision of health care to an individual ; or ( C ) the payment for the provision of health care to an individual.\n\n( 2 ) does not include the age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy.\n\n( j ) Definitions Relating to Child Support Obligations ( 1 ) The overdue support has the meaning given to such term in section 666 ( e ) of title 42 [ Social Security Act, 42 U.S.C. 666 ( e ) ].\n\n( 2 ) The term State or local child support enforcement agency means a State or local agency which administers a State or local program for establishing and enforcing child support obligations.\n\n( k ) Adverse Action ( 1 ) Actions included. The term adverse action ( A ) has the same meaning as in section 701 ( d ) ( 6 ) of the Equal Credit Opportunity Act ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 604 ( a ) ( 3 ) ( D ) [ 1681b ] ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any 603 - 15 U.S.C. 1681a 5 consumer, or in connection with a review of an account under section 604 ( a ) ( 3 ) ( F ) ( ii ) [ 1681b ] ; and ( II ) adverse to the interests of the consumer.\n\n( 2 ) Applicable findings, decisions, commentary, and orders. For purposes of any determination of whether an action is an adverse action under paragraph ( 1 ) ( A ), all appropriate final findings, decisions, commentary, and orders issued under section 701 ( d ) ( 6 ) of the Equal Credit Opportunity Act by the Bureau or any court shall apply.\n\n( l ) The term firm offer of credit or insurance means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following : ( 1 ) The consumer being determined, based on information in the consumers application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established ( A ) before selection of the consumer for the offer; and ( B ) for the purpose of determining whether to extend credit or insurance pursuant to the offer.\n\n( 2 ) Verification ( A ) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumers application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or ( B ) of the information in the consumers application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability.\n\n( 3 ) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was ( A ) established before selection of the consumer for the offer of credit or insurance; and ( B ) disclosed to the consumer in the offer of credit or insurance.\n\n6 603 - 15 U.S.C. 1681a ( m ) The term credit or insurance transaction that is not initiated by the consumer does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of ( 1 ) reviewing the account or insurance policy ; or ( 2 ) collecting the account.\n\n( n ) The term State means any State, XXXX XXXX XXXX XXXX  XXXX, the District of Columbia, and any territory or possession of the United States. \n( o ) Excluded communications. A communication is described in this subsection if it is a communication ( 1 ) that, but for subsection ( d ) ( 2 ) ( D ), would be an investigative consumer report ; ( 2 ) that is made to a prospective employer for the purpose of ( A ) procuring an employee for the employer ; or ( B ) procuring an opportunity for a natural person to work for the employer ; ( 3 ) that is made by a person who regularly performs such procurement ; ( 4 ) that is not used by any person for any purpose other than a purpose described in subparagraph ( A ) or ( B ) of paragraph ( 2 ) ; and ( 5 ) with respect to which ( A ) the consumer who is the subject of the communication ( i ) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication ; ( ii ) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person making the communication, not later than XXXX business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation ; and 603 - 15 U.S.C. 1681a 7 ( C ) the person who makes the communication ( i ) discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumers file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought ; and ( ii ) notifies the consumer who is the subject of the communication, in writing, of the consumers right to request the information described in clause ( i ). \n( p ) The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide : ( XXXX ) Public record information. \n( XXXX ) Credit account information from persons who furnish that information regularly and in the ordinary course of business. \n( q ) Definitions relating to fraud alerts. \n( XXXX ) The term XXXX XXXX XXXX  consumer means a consumer in military service who ( A ) is on XXXX XXXX ( as defined in section 101 ( d ) ( 1 ) of title 10, United States Code ) or is a XXXX performing duty under a call or order to XXXX XXXX under a provision of law referred to in section 101 ( a ) ( 13 ) of title 10, United States Code ; and ( B ) is assigned to service away from the usual duty station of the consumer. \n( XXXX ) The terms fraud alert and XXXX XXXX alert mean a statement in the file of a consumer that ( A ) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft, or is an active duty military consumer, as applicable ; and 8 603 - 15 U.S.C. 1681a ( B ) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph ( A ) by any person requesting such consumer report. \n( XXXX ) The term identity theft means a fraud committed using the identifying information of another person, subject to such further definition as the Bureau may prescribe, by regulation.\n\nSee also 16 CFR Part 603.2 69 Fed. Reg. 63922 ( XXXX XXXX XXXX  4 ) The term identity theft report has the meaning given that term by rule of the Bureau, and means, at a minimum, a report See also 16 CFR Part 603.3 69 Fed. Reg. 63922 ( XXXX  ) ( A ) that alleges an identity theft ; ( B ) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Bureau ; and ( C ) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false. \n( XXXX ) The term new credit plan means a new account under an open end credit plan ( as defined in section XXXX ( i ) of the Truth in Lending Act ) or a new credit transaction not under an open end credit plan. \n( r ) Credit and Debit Related Terms ( XXXX ) The term card issuer means ( A ) a credit card issuer, in the case of a credit card ; and ( B ) a debit card issuer, in the case of a debit card. \n( XXXX ) The term credit card has the same meaning as in section XXXX of the Truth in Lending Act. \n( XXXX ) The term debit card means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services.\n\n( 4 ) The terms account and electronic fund transfer have the same meanings as in section 903 of the Electronic Fund Transfer Act.\n\n603 - 15 U.S.C. 1681a 9 ( 5 ) The terms credit and creditor have the same meanings as in section 702 of the Equal Credit Opportunity Act.\n\n( s ) The term Federal banking agency has the same meaning as in section 3 of the Federal Deposit Insurance Act.\n\n( t ) The term financial institution means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section 19 ( b ) of the Federal Reserve AcXXXX ) belonging to a consumer. \n( u ) The term reseller means a consumer reporting agency that ( XXXX ) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities ; and ( XXXX ) does not maintain a database of the assembled or merged information from which new consumer reports are produced. \n( v ) The term XXXX means the Federal Trade Commission. \n( XXXX ) The term XXXX means the XXXX XXXX XXXX XXXX XXXX. \n( x ) The term nationwide specialty consumer reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to ( XXXX ) medical records or payments ; ( XXXX ) residential or tenant history ; ( XXXX ) check writing history ; ( XXXX ) employment history; or ( XXXX ) insurance claims. \n( y ) Exclusion of Certain Communications for Employee Investigations ( XXXX ) A communication is described in this subsection if ( A ) but for subsection ( d ) ( XXXX ) ( D ), the communication would be a consumer report ; ( B ) the communication is made to an employer in connection with an investigation of ( i ) suspected misconduct relating to employment ; or XXXX XXXX - XXXX XXXX. XXXX ( ii ) compliance with XXXX, XXXX, or local laws and regulations, the rules of a self-regulatory organization, or any preexisting written policies of the employer ; ( C ) the communication is not made for the purpose of investigating a consumers credit worthiness, credit standing, or credit capacity ; and ( D ) the communication is not provided to any person except ( i ) to the employer or an agent of the employer ; ( ii ) to any XXXX or XXXX XXXX XXXX agency, or department, or any XXXX, agency, or department of a unit of general local government ; ( iii ) to any self-regulatory organization with regulatory authority over the activities of the employer or employee ; ( iv ) as otherwise required by law ; or ( v ) pursuant to section 608.\n\n( 2 ) Subsequent disclosure. After taking any adverse action based in whole or in part on a communication described in paragraph ( 1 ), the employer shall disclose to the consumer a summary containing the nature and substance of the communication upon which the adverse action is based, except that the sources of information acquired solely for use in preparing what would be but for subsection ( d ) ( 2 ) ( D ) an investigative consumer report need not be disclosed.\n\n( 3 ) For purposes of this subsection, the term self-regulatory organization includes any self-regulatory organization ( as defined in section 3 ( a ) ( 26 ) of the Securities Exchange Act of 1934 ), any entity established under title I of the Sarbanes-Oxley Act of XXXX, any board of trade designated by the Commodity Futures Trading Commission, and XXXX XXXX XXXX XXXX with such Commission XXXX \n( z ) Veteran. The term veteran has the meaning given the term in section XXXX of title XXXX, United States XXXX. \n( aa ) XXXX medical debt. The term XXXX XXXX XXXX ( XXXX ) means a medical collection debt of a veteran owed to a non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the Department XXXX XXXX XXXX ; and ( XXXX ) includes medical collection debt that the Department XXXX XXXX XXXX has wrongfully charged a veteran. \nXXXX - XXXX U.S.C. XXXX XXXX XXXX. Permissible purposes of consumer reports [ XXXX XXXX. XXXX ] ( a ) In general. Subject to subsection ( c ), any consumer reporting agency XXXX furnish a consumer report under the following circumstances and no other : ( XXXX ) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a XXXX grand jury. \n( XXXX ) In accordance with the written instructions of the consumer to whom it relates. \n( XXXX ) 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 ( XXXX ) 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 XXXX ( G ) XXXX departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards. XXXX XXXX As written in the XXXX amendment that added section XXXX ( a ) ( XXXX ) ( G ). XXXX XXXX ( ii ) should end with ; or instead of a period, and the text of subsection ( g ) should conform to the style of the rest of section XXXX ( a ) ( XXXX ). \nXXXX XXXX - XXXX U.S.C. XXXX ( XXXX ) In response to a request by the head of a XXXX 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( D ) Redesignated ( C ) ( 5 ) To an agency administering a State plan under Section 454 of the Social Security Act ( 42 U.S.C. 654 ) 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 or the Federal Credit Union Act, 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.\n\n( 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 ( XXXX ) with respect to the consumer report, and the person will comply with paragraph ( XXXX ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and 604 - 15 U.S.C. 1681b 13 ( 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 title, as prescribed by the Bureau under section 609 ( c ) ( 3 ) [ 1681g ].\n\n( 2 ) Disclosure to Consumer.\n\n( 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 615 ( a ) ( 3 ) ; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person. \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 XXXX XXXX - XXXX XXXX. XXXX ( i ) the consumer is applying for a position over which the XXXX of XXXX has the power to establish qualifications and maximum hours of service pursuant to the provisions of section XXXX of title XXXX, or a position subject to safety regulation by a XXXX 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( XXXX ) Conditions on use for adverse actions. \n( 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 title, as prescribed by the Bureau under section 609 ( c ) ( 3 ) .3 ( B ) Application by mail, telephone, computer, or other similar means. \n( 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 615 ( a ), 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 ; 3 The references in Sections 604 ( b ) ( 3 ) ( A ) and 604 ( b ) ( 3 ) ( B ) should be to Section 609 ( c ) ( 1 ), not ( c ) ( 3 ) that no longer exists as the result of Congress re-organization of Section 609 ( c ) in 2003 ( FACT Act ).\n\n604 - 15 U.S.C. 1681b 15 ( 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 XXXX, upon providing proper identification, request a free copy of a report and XXXX dispute with the consumer reporting agency the accuracy or completeness of any information in a report. \n( XXXX ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within XXXX 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 XXXX under section XXXX ( c ) ( XXXX ) XXXX ( 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.\n\n( A ) In general. In the case of an agency or department of the United States Government which seeks to obtain and use a 16 604 - 15 U.S.C. 1681b cons","date_sent_to_company":"2024-04-26T14:53:56.000Z","issue":"Attempts to collect debt not owed","sub_product":"I do not know","zip_code":"77498","tags":null,"has_narrative":true,"complaint_id":"8864589","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"CCS Financial Services, Inc.","date_received":"2024-04-26T14:49:33.000Z","state":"TX","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["the communication ; ( ii ) consents orally or in writing to the <em>making</em> of the communication to a prospective employer, before the <em>making</em> of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that 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