{"took":144,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":9,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"11362135","_score":23.757004,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"It was a data breach, and my information was leaked due to the major data breach, and I would like for you to fix and protect my credit due to the leakage of my personal information such as my name, my raise my gender, my sex, my Social Security number, and my date of birthIt has been leaked on a black web, and Im demanding my credit to be fixed due to the big credit companieswere leaking my information and now my credit and identity is in jeopardy and Ive seen my information come up on the Black web. Which led to me being a victim of identity, theft a many of times even with getting my state ID someone had my information and lived as me for about two years.\n\nThe amendments expand the definition of breach of security to include unauthorized access to personal information regardless of whether it can be shown that the bad actor acquired the information. Prior to the amendments, Pennsylvania law required notification if personal information was accessed and acquired. The new, broader definition of a breach of security ( similar to many other states ) requires organizations to notify affected individuals and authorities even when data is only accessed. This change acknowledges the pervasive threat of ransomware attacks and other cybersecurity threats : data can be compromised without being exfiltrated and threat actors have sophisticated means to conceal technical evidence of their actions. This change heightens compliance and liability considerations, emphasizing the need for organizations to adopt robust cybersecurity measures and a comprehensive incident response plan to address the complexities of unauthorized data access.","date_sent_to_company":"2025-01-03T10:57:21.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"19141","tags":null,"has_narrative":true,"complaint_id":"11362135","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2025-01-03T10:57:18.000Z","state":"PA","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":["This change heightens <em>compliance</em> and <em>liability</em> <em>considerations</em>, <em>emphasizing</em> the <em>need</em> for <em>organizations</em> to adopt robust cybersecurity measures and a comprehensive incident response plan to address the complexities of unauthorized data access."]},"sort":[23.757004,"11362135"]},{"_index":"complaint-public-v1","_id":"11377335","_score":23.754478,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"It was a data breach, and my information was leaked due to the major data breach, and I would like for you to fix and protect my credit due to the leakage of my personal information such as my name, my raise my gender, my sex, my Social Security number, and my date of birthIt has been leaked on a black web, and Im demanding my credit to be fixed due to the big credit companieswere leaking my information and now my credit and identity is in jeopardy and Ive seen my information come up on the Black web. Which led to me being a victim of identity, theft a many of times even with getting my state ID someone had my information and lived as me for about two years.\n\nThe amendments expand the definition of breach of security to include unauthorized access to personal information regardless of whether it can be shown that the bad actor acquired the information. Prior to the amendments, Pennsylvania law required notification if personal information was accessed and acquired. The new, broader definition of a breach of security ( similar to many other states ) requires organizations to notify affected individuals and authorities even when data is only accessed. This change acknowledges the pervasive threat of ransomware attacks and other cybersecurity threats : data can be compromised without being exfiltrated and threat actors have sophisticated means to conceal technical evidence of their actions. This change heightens compliance and liability considerations, emphasizing the need for organizations to adopt robust cybersecurity measures and a comprehensive incident response plan to address the complexities of unauthorized data access.","date_sent_to_company":"2025-01-03T10:57:09.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"19141","tags":null,"has_narrative":true,"complaint_id":"11377335","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2025-01-03T10:35:28.000Z","state":"PA","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":["This change heightens <em>compliance</em> and <em>liability</em> <em>considerations</em>, <em>emphasizing</em> the <em>need</em> for <em>organizations</em> to adopt robust cybersecurity measures and a comprehensive incident response plan to address the complexities of unauthorized data access."]},"sort":[23.754478,"11377335"]},{"_index":"complaint-public-v1","_id":"11375932","_score":23.730875,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"It was a data breach, and my information was leaked due to the major data breach, and I would like for you to fix and protect my credit due to the leakage of my personal information such as my name, my raise my gender, my XXXX, my Social Security number, and my date of birthIt has been leaked on a black web, and Im demanding my credit to be fixed due to the big credit companieswere leaking my information and now my credit and identity is in jeopardy and Ive seen my information come up on the Black web. Which led to me being a victim of identity, theft a many of times even with getting my state ID someone had my information and lived as me for about two years. \nThe amendments expand the definition of breach of security to include unauthorized access to personal information regardless of whether it can be shown that the bad actor acquired the information. Prior to the amendments, Pennsylvania law required notification if personal information was accessed and acquired. The new, broader definition of a breach of security ( similar to many other states ) requires organizations to notify affected individuals and authorities even when data is only accessed. This change acknowledges the pervasive threat of ransomware attacks and other cybersecurity threats : data can be compromised without being exfiltrated and threat actors have sophisticated means to conceal technical evidence of their actions. This change heightens compliance and liability considerations, emphasizing the need for organizations to adopt robust cybersecurity measures and a comprehensive incident response plan to address the complexities of unauthorized data access.","date_sent_to_company":"2025-01-03T10:57:21.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"19141","tags":null,"has_narrative":true,"complaint_id":"11375932","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2025-01-03T10:57:18.000Z","state":"PA","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["This change heightens <em>compliance</em> and <em>liability</em> <em>considerations</em>, <em>emphasizing</em> the <em>need</em> for <em>organizations</em> to adopt robust cybersecurity measures and a comprehensive incident response plan to address the complexities of unauthorized data access."]},"sort":[23.730875,"11375932"]},{"_index":"complaint-public-v1","_id":"6296648","_score":7.7777333,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"Consumer Protection Financial Bureau (CFPB)\n1700 G Street NW Washington, D.C. 20038 United States\nThis is to complain against the Truist Financial Corporation\nURGENCY: HIGH IMPORTANCE: HIGH\n[WITHOUT PREJUDICE]\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX  XXXX, XXXX   I wish to practice my right as a customer of Truist Financial Corporation to use your organisation's service, seeking a formal, impartial investigation to amicably settle my dispute XXXX XXXX XXXX  with Truist Financial Corporation.\nIn order to clear up the myriad of letters and correspondences I have hitherto sent to Truist Financial Corporation respecting my complaint, I believe it will substantially strengthen both my case and your understanding, by taking a deeper look at the happenings of my case and analysing the relevant facts in an objective and comprehensive fashion.\nIt is crucial to note that I have been manipulated, socially engineered, and coerced to engage these fraudulent criminals. Much to my embarrassment, I recognize that I am the victim of an investment scam.\nMy complaint to the CFPB has arisen as I do not consider, by any stretch of the imagination, the conduct of Truist Financial Corporation to be commensurate with their legal role and responsibility to their customers. They sell a service to look after their customers, protect their money, and are a financial institution that maintains a traditional relationship and way of working with its customers.\nDuring the complaints process with Truist Financial Corporation, I found their communication ineffective, which further hides their conduct from management and diminishes the service offered to their clients. They are struggling to adapt their business offering in the ever-changing world of IT development. The internet is presenting a real problem that they choose to manage in a way that is not in line with the rules and regulations of CFPB as well as their own internal policy and procedures sold to their clients.\n\nGeneral Obligation:\nCommencing on or around XXXX XXXX XXXX, I fell victim to a multi-layered scam operation run by XXXX  which involved me making deposits for a total amount of XXXX XXXX from my Truist Financial account to fraudulent investment firm.\nWhen determining whats reasonable and fair, we should focus on the issue of liability; common queries include, but are not limited to, the following (i) whether Truist Financial Corporation did not take notice of any rule, law, or regulation, and/or possibly missed any material elements of the relevant bylaws or codes of conduct, that may have prevented them from protecting my financial safety; (ii) whether by virtue of Truist Financial Corporations custodianship over my funds or by its control over them, they owed a fiduciary duty to the me and if so, whether that duty was breached; (iii) whether Truist Financial Corporation promoted the transaction(s) in question despite being aware of the nature of the transaction(s) in question (iv) whether Truist Financial Corporation was in compliance with its own policies and procedures; (v) whether Truist Financial Corporation owed duties to myself, what the scope of those duties was, and whether Truist Financial Corporation did not uphold those duties; (vi) whether Truist Financial Corporations conduct was unfair; and (vii) whether Truist Financial Corporation has within its power the ability to, and should, compensate me for the harm that has befallen me.\nUpon identification of such unusual or suspicious activity, it is crucial that the relevant staff member adequately describe the factors making an activity or transaction suspicious, thoroughly depict the extent and nature of this activity, and properly communicate to the customer that such activity meets the relevant criteria of fraud.\nIn providing its services to a customer, a financial institution is required by law to exercise the care and skill of a diligent, prudent banker. In this case, this means that the payment service provider should not turn a blind eye to known facts pointing to a real possibility that their customer is being scammed. In other words, Truist Financial Corporation must have had special knowledge of what was occurring or been alerted to a real possibility of fraud taking place. The financial institution must have known or reasonably ought to have known that I was dealing with a scammer.\nGranted, there is room for diversity of view insofar as reasonableness is concerned. Indeed, there is a sense in which the standard of care of the reasonable person involves in its application a subjective element.\nHowever, it must be remembered that the correct test is always reasonable care in all circumstances, not average care. The fact that most people behave in a certain way may be good evidence that the conduct is reasonable, but this is not necessarily the case. Although reasonableness is a very fluid concept, all of the evidence suggests that Truist Financial Corporation did not foresee the fraud and disregarded even the most obvious dangers in this respect.\nSituations do tend to repeat themselves and it is advisable to examine previous outcomes to see how the standard of the reasonable person should be applied, and that lessons can be learned from the errors of the past.\n \nTruist Financial Corporations Position:\nOn XXXX XXXX XXXX Truist Financial Corporation wrote in a letter: Based on our investigation, Truist denies your claim for reimbursement because our investigation reveals the activity/transaction(s) was authorized.\nOn XXXX XXXX XXXX, Truist Financial Corporation wrote in a letter: You have advised that you were a victim of fraud... The information was keyed according to the Outgoing Wire Transfer Request Agreement, which you confirmed and signed.\nRefuting Truist Financial Corporations arguments from a purely logical perspective:\nTruist Financial Corporations position is that the features of the situation at hand do not generate a genuine obligation to protect innocent and helpless victims; they are essentially arguing that common-sense-based approaches are doomed to fail, leaving their exclusively technical account of the subject matter as the only meaningful choice. For reasons which are unclear, this extremely serious situation barely gets the attention it deserves even though ample evidence has been offered in support of this complaint.\nIn Truist Financial Corporations view, it is implied that we should not home in (and consequently rely on) unwritten laws, practicality, good judgment, reasonableness, sharpness, sensibleness, past outcomes, and insight when taking appropriate precautions. To underscore, once again, such views are at odds with common sense and are wildly irresponsible.\nImagine a view according to which the one and only thing that can make Truist Financial Corporation morally obligated to do something is having it written down somewhere. Pursuant to this view, if Truist Financial Corporation encounters the suffering of totally naive victims, they are only obligated to intervene in or remedy the situation, to the degree required by written material. This is unbecoming for a reputable establishment such as Truist Financial Corporation.\nI have reviewed the material hereto sent by Truist Financial Corporation carefully, and it, unfortunately, provides no response to my fundamental argument concerning the degree of care. Given its size, influence, and the resources at its disposal, this establishment clearly had a far greater capacity than an individual such as myself had, to determine the level and likelihood of risk that a client such as myself is subjected to and had a duty to intervene as they now do to query in particular out-of-pattern transactions of this kind.\nIt is perfectly obvious that Truist Financial Corporation, inadvertently, employs a subtle approach in addressing some of the key questions in a manner that neither provides me with adequate support nor protects anything other than its own interests.\nIt is Truist Financial Corporation here, who has the burden of proof, to show that it has exercised the duty of care, that is to say, that Truist Financial Corporation adhered to a standard of reasonable care in relation to the matter at issue given its extensive experience compared to mine. It is Truist Financial Corporation that claims that the damages which I have suffered in connection to this matter have not been reasonably foreseeable and that my proposed degree of care is not, and has not been, commensurate with Truist Financial Corporations capacity, experience, expertise, or scope of services in any way. To re-emphasize, Truist Financial Corporations indisputable overriding purpose is by no means to purely execute transactions in a blind and blank fashion, but rather to strike a balance between executing those transactions\n  \nand capitalizing on its undeniably vast capabilities to protect consumers thereby enhancing market integrity.\nApropos of the fluidity of the concept of reasonableness, all Truist Financial Corporation has done in this regard is set up a dichotomy of having or not having the legal obligation under consideration, however, that does not go one-inch toward explaining why various regulatory authorities, has maintained that financial institutions can, and should, protect consumers using their systems, advanced technologies, and rich experience.\nTruist Financial Corporation is obliged to take some action if it is sufficiently aware of a real possibility that fraud may be being perpetuated. If you don't question its customers instructions or raise the possibility of a scam with the customer in these circumstances, it may be liable if the red flags indicate the customer is:\n particularly vulnerable, or\n if the possibility of fraud was serious or real, not just suspected.\nThere are some recommendations to organizations for protecting customers from financial harm that might occur as a result of fraud or financial abuse; and gives guidance on how to recognize customers who might be at risk, how to assess the potential risks to the individual and how to take the necessary actions to prevent or minimize financial harm.\nThese recommendations are established as a general principle, the organization should deliver a service that:\n1) Takes a proactive approach to minimizing risks, impact, and incidences of financial harm and it sets out systems and tools for the prevention and detection of fraud and financial abuse. As a general point, it says organizations should ensure that all systems are developed using technologies and methodologies that are effective in the prevention of fraud and financial abuse, through authorized and unauthorized payments, thereby minimizing the risk of financial harm to customers. Regarding the detection of fraud and financial abuse, it says the organization:\nA) should have measures in place across all payment channels and products to detect suspicious transactions or activities that might indicate fraud or financial abuse. It then lists the following examples of suspicious activity on customer accounts:\na. multiple chequebooks;\nb. sudden increased spending;\nc. transfers to other accounts;\nd. multiple password attempts;\ne. logins from new devices, multiple geographical locations;\nf. sudden changes to the operation of the account; Unusual transactions are transactions whose amount, characteristics and frequency bear no relation\n  \nto the economic activity of the customer, exceed normal market parameters or have no apparent legal justification.\ng. a withdrawal or payment for a large amount;\nh. a payment or series of payments to a new payee;\ni. financial activity that matches a known method of fraud or financial abuse.\nB) organizations should have a process in place to ensure that staff makes contact with the customer to verify the financial activity, challenge its authenticity, explain the nature of the suspected or detected fraud, and discuss an appropriate plan of action.\nTruist Financial Corporation is yet to show, or otherwise provide me with, a compelling argument that their wide-ranging experience and wealth of specialist knowledge in detecting transactional anomalies were not sufficient to avert the fraud at issue. By contrast, I have provided a multitude of sound and powerful reasons by which requiring their involvement has not only been pressingly relevant but also eminently reasonable and well-justified.\nRather than empathizing with and undertaking substantial efforts to convey their knowledge of the existence of such regulations abroad and thereafter use it to protect and proactively relieve the plight of consumers who have been cheated out of their money and whose role in society is properly fulfilled, positively contributing to local economic growth, development, and sustainability  Truist Financial Corporation adopts a rather insouciant attitude toward my financial predicament portrayed herein.\nI am deeply convinced that the disastrous results that I have previously elaborated upon will continue to ensue if no responsibility is adopted by Truist Financial Corporation in relation to this matter. I have also thoroughly detailed why they cannot simply dismiss this problem by strictly adhering to legal technicalities which, after careful reflection, struck me as being nothing more than self-interest. Indeed, it seems to me utterly unfair to disregard fragile, sensitive, and vulnerable consumers who are afflicted by such allegedly malevolent acts, thereby keeping an unjust status quo that is corrupting our society at its core.\nConclusion:\nBased on my analysis, and as confirmed by various authorities concerned with such matters, there is abundant evidence that forward-thinking financial institutions ought to take reasonable steps to forestall fraud, or at least mitigate its risk by using an effective risk management system, demonstrating their undisputed ability to responsibly and pre-emptively respond to questionable transactions in the digital arena. The use of such systems, largely based on newly adopted technologies aimed at effectively navigating the evolving threat landscape, is only one of a number of possible endeavors undertaken in this connection, alongside the application of past knowledge and experience related to popular fraudulent practices.\nAstonishingly, I am pondering how it is that, despite being shown that Truist Financial Corporations business conduct was insufficient insofar as background checks are concerned, they keep refuting their indisputable role and responsibility in connection with the matter herein discussed. The points that I have hitherto made are too crucial to be taken lightly. Truist Financial Corporations non-observance of the fundamental principles of justice  that is, to completely overlook and not even remotely try to mitigate the suffering of vulnerable\n \nconsumers is inexcusable given the size of the establishment and the vast resources at its disposal as the direct result of the patronage of clients like myself.\nIf it was, indeed, solely my responsibility, we must then believe at least one of the following clauses: a) financial institutions have absolutely no role whatsoever in preventing and detecting fraud, b) the fraud in question was not reasonably foreseeable, or c) the transactions in question were not sufficiently alarming. It is extremely unfortunate that Truist Financial Corporation pushes quite hard for me to believe all three of these thingsdespite evidence to the contrary.\nIn summary, I respectfully ask your organization to consider my points, given your personal and companywide obligation to provide a fair and reasonable investigation into the complaint.\nI look forward to your input and would gladly cooperate to reach a fair and reasonable outcome. Thank you.\nXXXX  XXXX  THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK\n \nPage 1 of 9\nXXXX XXXX XXXX\nTruist Financial XXXX XXXX XXXX XXXX XXXX, NC\nRe: Demand Letter\nAttn: Claims/Fraud Dept. Dear Sir/Madam,\nFor negotiation purposes only, without effect as to any and all rights\n  The goal of this letter is twofold: first, it aims to establish that a duty of care has been breached, inasmuch as you have failed to perform adequate due diligence and/or have not acted in a reasonable and prudent manner to prevent foreseeable substantial damages that I have suffered as a result of a fraud [1]. Second, it shall serve as a formal written demand for reimbursement based on the aforementioned grounds, among others.\nA comprehensive analysis of fraud prevention suggests that by processing atypical, non-routine transactions, and/or by being aware of other fraudulent schemes similar to the one alleged herein and/or ignorance of obvious warning signs of fraud, you have engaged in, is a pattern or a practice of wrongful and negligent conduct which has enabled the commission of a fraud that resulted in my financial and psychological damages. The facts and details concerning the actions in question are set forth hereunder.\nOVERVIEW\n Commencing on or about XXXX XXXX XXXX, I fell victim to a multilayered scam operation orchestrated by XXXX  (the Company), with the design, development, manufacture, promoting, marketing, distribution, labeling, and/or sale of illegal and outright fraudulent investment services,\" all of which aim at contributing to the goal of robbing and defrauding clients, through a predetermined cycle of client losses to gains.\n Money was transferred from my account via bank wire, credit card, debit card and through intermediaries named \"XXXX XXXX in the total amount of XXXX XXXX utilizing your services.\n1 FCA: A more effective approach to combatting financial crime (XXXX XXXX XXXX) 1\n    \nPage 2 of XXXX XXXX XXXX XXXX\n Additionally, it is vital that you will immediately take all actions within your power to remedy the situation, whether by raising chargeback and recall in respect of the transactions in question or reimburse me and credit my account, for the full amount of these payments, in the total amount of XXXXusd!\n This letter shall thrust into the spotlight, inter alia, the increasingly important role financial institutions play in the fight against financial crime and fraud, and the pressing need for higher levels of supervision and vigilance within your organization.\n Had you looked at the wider circumstances surrounding the above-referenced transactions, this illicit transfer of wealth could have been prevented.\n Executing transactions without proper authority is not only a severe regulatory offense but also an irresponsible and reckless disregard of the customers financial safety.\n Against this background, and without derogating any of my rights, I hereby hold you liable for financial and emotional harm, and insist that you reimburse my account in full within 14 days from the date of this letter.\nINTRODUCTION\nFinancial crimes and fraud investigations often involve a high degree of sophistication, complexity, and sensitiveness to detail. Accordingly, this letter aims to address the issue at hand as profoundly and fairly as possible, by taking into consideration contextual regulations, laws, and bylaws, as well as guidance, standards and rules promoted by supervisory authorities, relevant codes of practice and (where suitable) what was good industry practice (GIP) at all times relevant hereto. The allegations contained herein are predicated either upon knowledge with respect to myself and my own experience, or upon facts obtained through investigations conducted by qualified third parties. I strongly believe that substantive evidence in support of the allegations set forth herein will be found after an appropriate opportunity for discovery. Key facts supporting the allegations contained herein are known only to the Company and/or are exclusively within their control.\nThe Company cleverly orchestrated a prevalent scheme of deception to lead people to invest significant sums while knowing that those would-be investors would ultimately lose the money that they had entrusted to it. The overall purpose of the scheme, in other words, was to target and defraud people who are often inexperienced and naive, in pursuit of illicit wealth through various fraudulent representations.\nI did not know, and through the exercise of reasonable diligence could not have discovered the fraud that was being perpetrated upon me by the Company. Fraud is commonly conceptualized as\n 2\n\nPage 3 of 9 XXXX XXXX XXXX\nwithholding from the weaker party in a financial transaction (e.g., an investor) information which is necessary to make an informed, rational or autonomous decision.\nIn this regard, even access to adequate information is insufficient to achieve complete autonomy. A complication here is that the weaker party, amateur/unseasoned investors in particular, might have trouble analyzing the data at hand sufficiently well to identify fraudulent schemes. Unfortunately, because financial products are often abstract and complex, theres no easy solution to this problem. Therefore, full autonomy of investors might not only require access to sufficient information, but also access to relevant technologies, know-how, processing capabilities, and resources to analyze the information. A reasonable solution is that financial institutions would be required to promote transparent communication in which they track the understanding of their customers.\nThe false representations and omissions made by the Company have a tendency or capacity to deceive consumers, such as myself, into unwittingly providing funds that fueled the Companys fraudulent scheme and therefore by their nature are jointly  immoral, unethical, oppressive, unscrupulous, and substantially injurious to consumers.\nAs a result of the Companys deceptive trade practices, I was deceived into transferring my funds for investment returns that were never delivered. I will certainly never receive any monetary value for the investments considering the way the Company had their scheme rigged thus causing significant economic damage to me. The false statements of material facts and omissions; and the fraudulent transactions the Company perpetrated were unfair, unconscionable, and deceptive practices perpetrated which would have likely deceived any reasonable person under the circumstances.\nMERCHANTS FRAUD SCHEME  ALLEGATIONS\nThe Company hired, managed and trained personnel, and collaborated with others as accomplices to their crimes to induce fraud that resulted in my financial and psychological damages. These include, but are not limited to, the following allegations, all of which involve criminal, non-regulated, and malicious activities:\n1. The Company directed and instructed others to work from shell companies that were operating from various unassociated locations across the globe.\n2. The Company opened bank accounts and crypto currency wallets in multiple countries and used them through their accomplices from around the world to conceal and disguise the identity of illegally obtained proceeds so that they appear to have originated through\n 3\n\nPage 4 of 9 XXXX XXXX XXXX\nlegitimate sources.\n3. The Company intentionally committed fraudulent misrepresentation, and falsified its agent\nnames, credentials, competencies, qualifications and location. The Companys name is merely a brand name, officially owned by shell corporations located offshore. In reality, the entire operation is being conducted from elsewhere (supposed location is evidently fictitious), and furthermore, the call center, marketing, and decision making, are all being performed by completely anonymous and hidden entities. Concealing true identities and utilizing front companies as a vehicle for a wide spectrum of financial maneuvers, is a notorious practice of criminal organizations.\n4. The Company has blatantly violated international laws, as it has been practicing without a license and funneling enormous sums of money, through countries and jurisdictions that require registration to operate.\n5. The Company provided direct investment advice - not utilizing 3rd party recommendations (e.g., according to XXXX XXXX)\n6. The Company offered investment services/advice not related to real market/exchange data (e.g.: the manufacture of false charts). The trading platform was purposely manipulated, in a way that each client would ineluctably and unknowingly lose money, as the existence of the trades was fabricated. Instead, the Companys staff and its accomplices simply pocketed the money, using it to purchase various luxurious, non- essential items.\n7. The Company prohibited my ability to withdraw my funds.\n8. The Company was guaranteeing unrealistic returns/yields.\n9. The Company furnished me with bonuses - which are not allowed to be given.\n10. The Company was trading on my behalf (use of remote control of my computer).\n11. My money was not held in a segregated account.\n12. The Company did not advertise/disclose/was not transparent regarding the statistical data\nrepresenting the percentage of total client losses at the company.\n13. The Company did not mention the commission and overnight swaps.\n14. The Company did not read me the risk disclosure prior to my deposit(s).\n15. The Company used high pressure tactics and outbursts, which took a severe toll on my\nhealth.\n4\n\nPage 5 of 9 XXXX XXXX XXXX\nArmed with my personal details, the Companys staff seduced me, until I transferred all my savings to them. They utilized their knowledge of my cultural context, which stressed square and honorable business dealings along with honesty, to maliciously take advantage of my trusting nature.\nPlease take notice that my funds were transferred through means of coercion and under false pretenses.\nAttached, please find supportive statements, screenshots and further evidence.\nEXPOSING YOUR ORGANIZATIONS MISCONDUCT\nI hereby allege that your organization has breached the duty of care that is owed by a financial institution to its clients in circumstances where there are reasonable grounds to suspect that the sole purpose of a payment instruction is to defraud the client. Under such circumstances, you are obliged to refrain from executing the payment instruction until you have been able to conclude that there is a legitimate basis for the instruction. Once the duty is engaged, the duty takes priority over the usual obligation of a financial institution to execute customer instructions promptly. The duty in question is often referred to as the XXXX XXXX  well established in the case of XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX).\nThe XXXX XXXX  requires financial institutions to take reasonable care and skill when executing the instructions of a client. It is recognized as authoritative by leading academic texts [2]. The duty arises in cases where it can be argued that an ordinary prudent staff member of a financial institution would have a reasonable basis for suspicion that a particular payment instruction would result in the misappropriation of the funds of the client.\"\nWhen the duty does arise, it can be discharged simply by refraining from executing the instruction unless and until such time as the financial institution is able to establish that the instruction relates to a lawful obligation. The financial institution should seek further information and/or documentation from the client in order to help establish this.\nBased on the above, and after conducting a comprehensive review of our communication/interactions, it has become glaringly obvious to me that at best, no adequate\n2 (XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX)\n    5\n\nPage 6 of 9 JXXXX XXXX XXXX\ninformation and/or documentation were sought by your organization, and at worst, no appropriate safeguards were implemented.\nIf a financial institution executed a customers order to transfer money knowing it to be dishonestly given, shutting its eyes to the obvious fact of the dishonesty or acting recklessly in failing to make such inquiries as an honest and reasonable individual would make,\" it would be in breach of its duty of care, even if the payment instruction is made in accordance with the terms of the mandate and the bank is liable for negligence resulting in damages.\nCompliance departments should ensure that staff members understand the legal requirements and that where there are suspicions, these suspicions must be communicated to all relevant personnel whilst being investigated.\nFor the avoidance of doubt, reasonable grounds should not necessarily be interpreted as proof. On the basis of various signs, you should have assumed that something suspicious was going on and suspended transactions until reasonable enquiries could be made to verify that the transactions were properly executed. In other words, I am a victim of your negligence for facilitating the misappropriation of funds, and doing little to safeguard public financial interests. Any reasonable banker would have realized that there were many obvious, even glaring, signs that I am a fraud victim. (XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX [3].\nA financial institution would never be as reckless with its own assets as has been the case with my assets, and if you had treated my assets as though they were your own, this would not have been made possible. The debits made from my account should be reversed as a result of your failure to take proactive measures to protect it, just as you would do if your own assets were in a similar state of peril. It is also libelous/defamatory to make false statements about an individual that adversely affects their credit rating.\nWhen discussing the responsibilities that a bank might incur, it is crucial not to forget the fact that a legitimate complaint by, or cause of action on the part of a client might generate/give rise to further statutory cause of action and/or additional liabilities beholden by a financial institution to the relevant regulatory authority. Obligations/duties beholden by a bank to a regulator are distinct from those beholden to the customer. Moreover, you may be liable to more than one regulatoXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  More often than not, such legal duties spring from the very facts that gave rise to the liabilities to your clients in the first place. Similarly, to the foregoing, I may also have a cause of action against you for breach of mandate as you have negligently transferred my funds without proper enquiry.\nInstead, you should have been working hard with Artificial Intelligence [4] / Big data technologies to discover automated and effective ways not only to detect fraud but also to prevent it. Furthermore, the tremendous amount of data you possess is by no means self-evident let alone to be overlooked, hence by not utilizing it systematically and effectively to pinpoint irregular and suspicious activities you are misleading your customers, who have taken the leap of faith and placed trust and confidence in your honesty, authority, and competence. A plausible assumption here would be that the pattern of the above-mentioned transactions was sufficiently suspicious that it should have been flagged and blocked by your staff, even if you have never encountered similar situations.\nPractically speaking, effective steps to prevent bad actors from taking advantage of future victims (or at least to minimize this possibility) are abundant:\n The use of automated and human review of","date_sent_to_company":"2022-12-20T18:39:13.000Z","issue":"Fraud or scam","sub_product":"Virtual currency","zip_code":"29681","tags":null,"has_narrative":true,"complaint_id":"6296648","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRUIST FINANCIAL CORPORATION","date_received":"2022-12-08T23:55:35.000Z","state":"SC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["This letter shall thrust into the spotlight, inter alia, the increasingly important role financial institutions play in the fight against financial crime and fraud, and the pressing <em>need</em> for higher levels of supervision and vigilance within your <em>organization</em>.\n Had you looked at the wider circumstances surrounding the above-referenced transactions, this illicit transfer of wealth could have been prevented."]},"sort":[7.7777333,"6296648"]},{"_index":"complaint-public-v1","_id":"10981005","_score":6.8010397,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX XXXX\nConsumer Financial Protection Bureau (CFPB)\nXXXX XXXX XXXX XXXX XXXX, DC XXXX\nThis is to complain against RIA XXXX: HIGH\nIMPORTANCE: HIGH\n[WITHOUT PREJUDICE]\nI wish to practice my right as a customer of RIA to use your organisation's service, seeking a formal,\nimpartial investigation to amicably settle my dispute with RIA.\nIn order to clear up the myriad of letters and correspondences I have hitherto sent to RIA respecting my\ncomplaint, I believe it will substantially strengthen both my case and your understanding, by taking a\ndeeper look at the happenings of my case, and analysing the relevant facts in an objective and\ncomprehensive fashion.\nIt is crucial to note that I have been manipulated, socially-engineered and coerced to engage these\nfraudulent criminals. Much to my embarrassment, I recognise that I am the victim of an investment scam.\nMy complaint to the CFPB has arisen as I do not consider, by any stretch of the imagination, the conduct\nof RIA to be commensurate with their legal role and responsibility to their customers. They sell a service\nto look after their customers, protect their money and are a financial institution that maintains a traditional\nrelationship and way of working with its customers.\nDuring the complaints process with RIA, I found their communication ineffective, which further hides\ntheir conduct to management and diminishes the service offering to their clients. They are struggling to\nadapt their business offering in the ever-changing world of IT development. The internet is presenting a\nreal problem which they choose to manage in a way which is not in line with rules and regulations of\nCFPB as well as their own internal policy and procedures sold to their clients.\nGeneral Obligation:\nCommencing on XXXX XXXX, I fell victim to a multilayered scam operation orchestrated by XXXX XXXX (the Fraudsters or Company).\nMoney was transferred from my account in the total amount of XXXX XXXX.\nWhen determining whats reasonable and fair, we should focus on the issue of liability; common queries\ninclude, but are not limited to, the following (i)\nwhether RIA did not take notice of any rule, law, or regulation, and/or possibly missed any material\nelements of the relevant bylaws or codes of conduct, that may have prevented them from protecting my\nfinancial safety; (ii) whether by virtue of RIAs custodianship over my funds or by its control over them,\nthey owed a fiduciary duty to the me and if so, whether that duty was breached; (iii) whether RIA\npromoted the transaction(s) in question despite being aware of the nature of the transaction(s) in question\n(iv) whether RIA was in compliance with its own policies and procedures; (v) whether RIA owed duties\nto myself, what the scope of those duties was, and whether RIA did not uphold those duties; (vi) whether\nRIAs conduct was unfair; and (vii) whether RIA has within its power the ability to, and should,\ncompensate me for the harm that has befallen me.\nUpon identification of such unusual or suspicious activity, it is crucial that the relevant staff member\nadequately describe the factors making an activity or transaction suspicious, thoroughly depict the extent\nand nature of this activity and properly communicate to the customer that such activity meets the relevant\ncriteria of fraud.\nIn providing its services to a customer, a financial institution is required by law to exercise the care and\nskill of a diligent, prudent banker. In this case, this means that the payment service provider should not\nturn a blind eye to known facts pointing to a real possibility that their customer is being scammed. In\nother words, RIA must have had special knowledge of what was occurring or been alerted to a real\npossibility of fraud taking place. The financial institution must have known or reasonably ought to have\nknown that I was dealing with a scammer.\nGranted, there is room for diversity of view insofar as reasonableness is concerned. Indeed, there is a\nsense in which the standard of care of the reasonable person involves in its application a subjective\nelement.\nHowever, it must be remembered that the correct test is always reasonable care in all circumstances, not\naverage care. The fact that most people behave in a certain way may be good evidence that the conduct is\nreasonable, but this is not necessarily the case. Although reasonableness is a very fluid concept, all of\nthe evidence suggests that RIA did not foresee the fraud and disregarded even the most obvious dangers\nin this respect.\nSituations do tend to repeat themselves and it is advisable to examine previous outcomes to see how the\nstandard of the reasonable person should be applied, and that lessons can be learnt from the errors of the\npast.\nRIAs Position:\nPlease find attached all relevant evidence below.\nRIA conspicuously touts their security as a reason to use their service. Specifically, RIA writes on\ntheir website:\nWe work hard to protect you from fraud. That's why we:\n Apply best-in-class security technologies expertise to protect you 24/7, all year round.\n Secure every method of banking we offer including online, mobile, ATM and telephone\nbanking.\n Offer free security software from our trusted tech partners to download on to your devices.\n Frequently train our employees on the latest practices in cyber and physical security.\n Give you the security tips and resources you need to protect yourself from potential threats.\nRefuting RIAs arguments from a purely logical perspective:\nRIAs position is that the features of the situation at hand do not generate a genuine obligation to protect\ninnocent and helpless victims; they are essentially arguing that common-sense-based approaches are\ndoomed to fail, leaving their exclusively technical account of the subject matter as the only meaningful\nchoice. For reasons which are unclear, this extremely serious situation barely gets the attention it deserves\neven though ample evidence has been offered in support of this complaint.\nIn RIAs view, it is implied that we should not home in (and consequently rely) on unwritten laws,\npracticality, good judgement, reasonableness, sharpness, sensibleness, past outcomes, and insight, when\ntaking appropriate precautions. To underscore, once again, such views are at odds with common sense\nand are wildly irresponsible.\nImagine a view according to which the one and only thing that can make RIA morally obligated to do\nsomething is having it written down somewhere. Pursuant to this view, if RIA encounter the suffering of\ntotally naive victims, they are only obligated to intervene in or remedy the situation, to the degree\nrequired by written material. This is unbecoming for a reputable establishment such as RIA.\nI have reviewed the material hereto sent by RIA carefully, and it unfortunately provides no response to\nmy fundamental argument concerning the degree of care. Given its size, influence, and the resources at its\ndisposal, this establishment clearly had a far greater capacity than an individual such as myself had, to\ndetermine the level and likelihood of risk that a client such as myself is subjected to and had a duty to\nintervene as they now do to query in particular out-of-pattern transactions of this kind.\nIt is perfectly obvious that RIA, inadvertently, employs a subtle approach in addressing some of the key\nquestions in a manner which neither provides me with adequate support nor protects anything other than\nits own interests.\nIt is RIA here, who has the burden of proof, to show that it has exercised the duty of care, that is to say,\nthat RIA adhered to a standard of reasonable care in relation to the matter at issue given its extensive\nexperience compared to mine. It is RIA that claims that the damages which I have suffered in connection\nto this matter have not been reasonably foreseeable, and that my proposed degree of care is not, and has\nnot been, commensurate with RIAs capacity, experience, expertise, or scope of services in any way. To\nreemphasize, RIAs indisputable overriding purpose is by no means to purely execute transactions in a\nblind and blank fashion, but rather to strike a balance between executing those transactions and\ncapitalising on its undeniably vast capabilities to protect consumers thereby enhancing market integrity.\nApropos of the fluidity of the concept of reasonableness, all RIA has done in this regard is set up a\ndichotomy of having or not having the legal obligation under consideration, however, that does not go\none-inch toward explaining why various regulatory authorities, has maintained that financial institutions\ncan, and should, protect consumers using their systems, advanced technologies, and rich experience.\nRIA is obliged to take some action if it is sufficiently aware of a real possibility that a fraud may be being\nperpetuated. If you don't question its customers instructions or raise the possibility of a scam with the\ncustomer in these circumstances, it may be liable if the red flags indicate the customer is:\n particularly vulnerable, or\n if the possibility of fraud was serious or real, not just suspected.\nThere are some recommendations to organisations for protecting customers from financial harm that\nmight occur as a result of fraud or financial abuse; and gives guidance on how to recognise customers\nwho might be at risk, how to assess the potential risks to the individual and how to take the necessary\nactions to prevent or minimise financial harm.\nThese recommendations are established as a general principle, the organisation should deliver a\nservice that:\n1) Takes a proactive approach to minimising risks, impact and incidences of financial harm and it\nsets out systems and tools for the prevention and detection of fraud and financial abuse. As a general\npoint, it says organisations should ensure that all systems are developed using technologies and\nmethodologies that are effective in the prevention of fraud and financial abuse, through authorised\nand unauthorised payments, thereby minimising the risk of financial harm to customers. As regards to\nthe detection of fraud and financial abuse, it says the organisation:\nA) should have measures in place across all payment channels and products to detect suspicious\ntransactions or activities that might indicate fraud or financial abuse. It then lists the following\nexamples of suspicious activity on customer accounts:\na. multiple cheque books;\nb. sudden increased spending;\nc. transfers to other accounts;\nd. multiple password attempts;\ne. logins from new devices, multiple geographical locations;\nf. sudden changes to the operation of the account; Unusual transactions are\ntransactions whose amount, characteristics and frequency bear no relation to the\neconomic activity of the customer, exceed normal market parameters or have no\napparent legal justification.\ng. a withdrawal or payment for a large amount;\nh. a payment or series of payments to a new payee;\ni. financial activity that matches a known method of fraud or financial abuse.\nB) organisations should have a process in place to ensure that staff make contact with the\ncustomer to verify the financial activity, challenge its authenticity, explain the nature of the\nsuspected or detected fraud and discuss an appropriate plan of action.\nRIA are yet to show, or otherwise provide me with, a compelling argument that their wide-ranging\nexperience and wealth of specialist knowledge in detecting transactional anomalies were not sufficient to\navert the fraud at issue. By contrast, I have provided a multitude of sound and powerful reasons by which\nrequiring their involvement has not only been pressingly relevant but also eminently reasonable and welljustified.\nRather than empathising with and undertaking substantial efforts to convey their knowledge of the\nexistence of such regulations abroad and thereafter use it to protect and proactively relieve the plight of\nconsumers who have been cheated out of their money and whose role in society is properly fulfilled,\npositively contributing to local economic growth, development and sustainability  RIA adopts a rather\ninsouciant attitude toward my financial predicament portrayed herein.\nI am deeply convinced that the disastrous results that I have previously elaborated upon will continue to\nensue if no responsibility is adopted by RIA in relation to this matter. I have also thoroughly detailed why\nthey cannot simply dismiss this problem by strictly adhering to legal technicalities which, after careful\nreflection, struck me as being nothing more than self-interest. Indeed, it seems to me utterly unfair to\ndisregard fragile, sensitive, and vulnerable consumers who are afflicted by such allegedly malevolent acts,\nthereby keeping an unjust status-quo that is corrupting our society at its core.\nConclusion:\nBased on my analysis, and as confirmed by various authorities concerned with such matters, there is\nabundant evidence that forward-thinking financial institutions ought to take reasonable steps to forestall\nfraud, or at least mitigate its risk by using an effective risk management system, demonstrating their\nundisputed ability to responsibly and pre-emptively respond to questionable transactions in the digital\narena. The use of such systems, largely based on newly adopted technologies aimed at effectively\nnavigating the evolving threat landscape, is only one of a number of possible endeavours undertaken in\nthis connection, alongside the application of past knowledge and experience related to popular fraudulent\npractices.\nAstonishingly, I am pondering how it is that, despite being shown that RIAs business conduct was\ninsufficient insofar as background checks are concerned, they keep refuting their indisputable role and\nresponsibility in connection with the matter herein discussed. The points that I have hitherto made are too\ncrucial to be taken lightly. RIAs non-observance of the fundamental principles of justice  that is, to\ncompletely overlook and not even remotely try to mitigate the suffering of vulnerable consumers is\ninexcusable given the size of the establishment and the vast resources at its disposal as the direct result of\nthe patronage of clients like myself.\nIf it was, indeed, solely my responsibility, we must then believe at least one of the following clauses: a)\nfinancial institutions have absolutely no role whatsoever in preventing and detecting fraud, b) the fraud in\nquestion was not reasonably foreseeable, or c) the transactions in question were not sufficiently alarming.\nIt is extremely unfortunate that RIA pushes quite hard for me to believe all three of these thingsdespite\nevidence to the contrary.\nIn summary, I respectively ask your organisation to consider my points, given your personal and\ncompanywide obligation to provide a fair and reasonable investigation into the complaint.\nI look forward to your input and would gladly cooperate to reach a fair and reasonable outcome.\nThank you. XXXX XXXX XXXX\nXXXX  THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK\nXXXX XXXX XXXX\nTo: RIA\nXXXX XXXX, California , United States\nVia Email\n[Without Prejudice]\nAttn: Complaints/Fraud Dept.\nDear Sir or Madam,\nRe: Demand Letter  Fraud\nI hope this letter has correctly found itself within your complaints/fraud department as it is essential to me that\nyou become aware of the ordeal I have had to go through.\nCommencing on XXXX XXXX I fell victim to a multilayered scam operation orchestrated by XXXX XXXX (the Fraudsters or Company) with the design, development, manufacturing, promoting,\nmarketing, distributing, labeling, and/or sale of illegal and outright fraudulent investment services, all of\nwhich aim at contributing to the goal of robbing and defrauding clients through a predetermined cycle of the\nclient losses to gains.\nMoney was transferred from my account in the total amount of XXXX XXXX utilizing your services.\nOVERVIEW\n This letter shall thrust into the spotlight, inter alia, the increasingly important role those financial\ninstitutions play in the fight against financial crime and fraud, and the pressing need for enhanced\nsupervision and vigilance within your organization.\n Heres an indisputable fact: had you looked at the wider circumstances surrounding the abovereferenced\ntransaction(s), this illicit transfer of wealth could have been prevented.\n Obviously, there is no consensus with respect to the degree and scope to which regulated and licensed\nfinancial institutions must intervene and block suspicious transactions, and indeed, in so doing,\nfinancial institutions may often cause payments to be slowed down unnecessarily or even some\nlegitimate payments may be rejected, however, please be noted that additional frictions such as slower\npayments (such as delaying payments or freezing funds to investigate) is beneficial to and welcomed\nby vulnerable customers and is widely considered to be a positive practice that is necessary in order to\nmaintain their financial safety, particularly for large-value and/or out of pattern.\n Executing transactions without proper authority is not only a severe regulatory offense but also an\nirresponsible and reckless disregard of the customers financial safety.\n Against this background, and without derogating any of my rights, I hereby hold you liable for\nfinancial and emotional harm as well as medical problems relating to this victimization and insist that\nyou reimburse my account in full within 14 days from the date of this letter.\nINTRODUCTION\nFinancial crimes and fraud investigations often involve a high degree of sophistication, complexity, and\nsensitiveness to detail. Accordingly, this letter aims to address the issue at hand as profoundly and fairly as\npossible, by taking into consideration contextual regulations, laws, and bylaws, as well as guidance, standards\nand rules promoted by supervisory authorities, relevant codes of practice and (where suitable) what was good\nindustry practice (GIP) at all times relevant hereto. The allegations contained herein are predicated either\nupon knowledge with respect to myself and my own experience, or upon facts obtained through investigations\nconducted by qualified third parties. I strongly believe that substantive evidence in support of the allegations\nset forth herein will be found after an appropriate opportunity for discovery. Key facts supporting the\nallegations contained herein are known only to the Company and/or are exclusively within their control.\nThe Company cleverly orchestrated a prevalent scheme of deception to lead people to invest significant sums\nwhile knowing that those would-be investors would ultimately lose the money, they had entrusted to it. The\noverall purpose of the scheme, in other words, was to target and defraud people who are often inexperienced\nand naive, in pursuance of illicit wealth through various fraudulent representations.\nI did not know, and through the exercise of reasonable diligence could not have discovered, the fraud\nthat was being perpetrated upon me by the Company. Fraud is commonly conceptualized as withholding\nfrom the weaker party in a financial transaction (e.g., an investor) information which is necessary to make an\ninformed, rational or autonomous decision.\nIn this regard, even access to adequate information is insufficient to achieve complete autonomy. A\ncomplication here is that the weaker party, amateur/unseasoned investors in particular, might have trouble\nanalyzing the data at hand sufficiently well to identify fraudulent schemes. Unfortunately, because financial\nproducts are often abstract and complex, there is no easy solution to this problem. Therefore, full autonomy of\ninvestors might not only require access to sufficient information, but also access to relevant technologies,\nknow-how, processing capabilities, and resources to analyze the information. A reasonable solution is that\nfinancial institutions would be required to promote transparent communication in which they track the\nunderstanding of its customers.\nAccording to the Federal Trade Commissions interpretations of certain terms (like the words deceptive and\nunfair), the FTC has found that a deceptive act or practice encompasses a representation, omission or\npractice that is likely to mislead the consumer acting reasonably in the circumstances, to the consumers\ndetriment.\nThe federal courts have defined a deceptive trade practice [i] as any act or practice that has the tendency or\ncapacity to deceive consumers and have defined an unfair trade practice as any act or practice that offends\npublic policy and is immoral, unethical, oppressive, unscrupulous, or substantially injurious to consumers.\nThe false representations and omissions made by the Company have a tendency or capacity to deceive\nconsumers, such as myself, into unwittingly providing funds that fueled the Companys fraudulent scheme\nand are therefore, by their very nature, jointly immoral, unethical, oppressive, unscrupulous, and\nsubstantially injurious to consumers.\nAs a result of the Companys deceptive trade practices, I was deceived into transferring my funds for\ninvestment returns that were never delivered. I will certainly never receive any monetary value for the\ninvestments considering the way the Company had their scheme rigged, thus causing significant economic\ndamage to me. The false statements of material facts and omissions as described above; and the fraudulent\ntransaction(s) the Company perpetrated upon me; were unfair, unconscionable, and deceptive practices which\nwould have likely deceived any reasonable person under the circumstances.\nMERCHANTS FRAUD SCHEME  ALLEGATIONS\nThe Company hired, managed, and trained personnel, and collaborated with others as accomplices to\ntheir crimes to induce fraud that resulted in my financial and psychological damages. These include,\nbut are not limited to, the following allegations, all of which involve criminal, non-regulated, and\nmalicious activities:\n1. The Company directed and instructed others to work from shell companies that were operating\nfrom various unassociated locations across the globe.\n2. The Company opened bank accounts in multiple countries and used them through their\naccomplices and strawmen from around the world to conceal and disguise the identity of\nillegally obtained proceeds so that they appear to have originated from legitimate sources.\n3. The Company intentionally committed fraudulent misrepresentation, and falsified its agent names,\ncredentials, competencies, qualifications and location. The Companys name is merely a brand name,\nofficially owned by shell corporations located offshore. In reality, the entire operation is being\nconducted from elsewhere (supposed location is evidently fictitious), and on top of that the call center,\nmarketing, and decision making, are all being performed by completely anonymous and hidden\nentities. Concealing true identities and utilizing front companies as a vehicle for a wide spectrum\nof financial maneuvers is a notorious practice of criminal organizations.\n4. The Company has blatantly violated international laws, as it has been practicing without a\nlicense and funneling enormous sums of money, through countries and jurisdictions that require\nregistration to operate.\n5. The Company provided direct investment advice - not utilizing 3rd party recommendations (e.g.,\naccording to Bloomberg TV/Investing.com)\n6. The Company offered investment services/advice not related to real market/exchange data\n(manufacturing false charts etc.). The trading platform was purposely manipulated, in a way that\neach client would ineluctably and unknowingly lose money, as the trades were simply\nconcocted. Instead, the Companys staff and its accomplices simply pocketed the money, using\nit to purchase various luxurious, non-essential items.\n7. The Company prohibited my ability to withdraw my funds.\n8. The Company was guaranteeing returns/yields (unrealistic ones).\n9. The Company furnished me with bonuses - which are not allowed to be given.\n10. My money was not held in a segregated account.\n11. The Company did not advertise/disclose/was not transparent regarding the statistical data representing\nthe percentage of total client losses at the company.\n12. The Company did not mention the commission and overnight swaps.\n13. The Company did not read the risk disclosure prior to my deposit(s).\n14. The Company used high pressure tactics and outbursts, which took a severe toll on my health.\n15. Armed with my personal details, the Companys staff seduced me into transferring all of my\nsavings to them. They utilized their knowledge of my cultural context, which stressed square\nand honorable business dealings along with honesty, in order to maliciously take advantage of\nmy trusting nature.\nPlease take notice that my funds were transferred through means of coercion and under false pretenses.\nAttached, please find supportive statements, screenshots, and further evidence.\nEXPOSING YOUR ORGANIZATIONS MISCONDUCT\nI hereby allege that your organization has completely failed to adequately investigate the circumstances\nsurrounding the transaction(s) in question and willfully blinded itself to obvious red flags.\nMany suspicions should have arisen at your organization as an issue of great concern, with respect to the\nunusual activity taking place in my account. Despite the regulatory and statutory requirements your\norganization should abide by as a licensed and regulated financial institution  and instead of detecting\npatterns, drawing certain conclusions, and taking actions accordingly you at best, merely and insufficiently\nperformed some hasty and haphazard reviews of the transaction(s) or possibly asked only minimal generic\nquestions regarding the suspicious activities, and at worst, shut your eyes completely rather than being careful,\nmethodical, and vigilant. Had you bothered, you would probably have realized that the funds were associated\nwith fraud and financial crime, rather than some other legitimate revenue/activity.\nIn light of the above, and after conducting a comprehensive review of our communication/interactions,\nit has become glaringly obvious to me that no adequate information and/or documentation were sought\nby your organization, at best, and at worst no appropriate safeguards were implemented.\nIf a financial institution executes a customer order to transfer money knowing it to be dishonestly given,\nshutting its eyes to the obvious fact of the dishonesty, or acting recklessly in failing to make such inquiries as\nan honest and reasonable individual would undergo, it would be in breach of its duty of care, even if the\npayment was made in accordance with the terms of the mandate, and the financial institution should still be\nliable for negligence resulting in damages.\nCompliance departments should ensure that staff members understand the legal requirements and where there\nare suspicions, these suspicions be communicated to all relevant personnel whilst being investigated.\nFor the avoidance of doubt, reasonable grounds should not necessarily be interpreted as proof. On the basis of\nvarious signs, you should have assumed that something suspicious was going on therefore should have\nsuspended transaction(s) until reasonable enquiries could be made to verify that the transaction(s)\nwas/were properly executed. In other words, I am a victim of your negligence for facilitating the\nmisappropriation of funds, and doing little to safeguard public financial interests. Any reasonable staff\nmember would have realized that there were many obvious, even glaring, signs that I was being defrauded.\n(XXXX XXXX XXXX (in liquidation) v XXXX XXXX XXXX XXXX XXXX [XXXX] XXXX XXXX) [ii]\nYou knew or should have known that the funds being transferred through your services did not rightfully\nbelong to the recipient fraudsters. Similarly, you knew or should have known that the funds being transferred\nthrough your services serve no legitimate or lawful purpose. You turned a blind eye to the crimes that you\nhave facilitated and thus provided an array of essential money transfer services, acting as a vehicle, with the\nawareness that it was enabling the fraudsters to commit crimes and enrich themselves with the funds of their\nvictims.\nYour services undoubtedly served as a crucial element in the fraudulent scheme detailed herein, and you were\neither unaware of your complicity in the fraud, or, more worryingly, completely aware and silent. Had you\nconducted an adequate account analysis, you would have discovered the nature of the recipient, and\nsubsequently, disclosed and reported the fraudsters activities to law enforcement authorities/agencies and\nregulators. Instead, to satisfy your financial interests, you conveniently closed your eyes, even though you\nundeniably had, at all material times, the necessary controls and resources to influence, whether directly or\nindirectly, those particular transactions.\nYou also had the duty to stop those crimes, yet you refused to do so because you were more interested in\nenriching yourself, even if it meant furthering those crimes and allowing them to cause massive financial\nlosses to plenty of victims  many of whom are probably your customers. Therefore, it is clear that you did\nnot have in place adequate security measures to properly safeguard my assets  hence, you have\nirreparably harmed me and, if not enjoined, will continue to irreparably harm other victims as well as\ntheir loved\nones and associates. You have irreparably harmed me and, if not enjoined, will continue to irreparably\nharm the general public, and our society deserves better.\nA financial institution which wrongly pays money away when it has no authority to do so will usually be\ntreated as if it had paid using its own funds, not those of its customer.\nWhen discussing the responsibilities that a financial institution might incur, it is crucial not to forget the fact\nthat a legitimate complaint by, or cause of action on the part of, a client might generate/give rise to further\nstatutory cause of action and/or additional liabilities beholden by a financial institution to the relevant\nregulatory authority. Obligations/duties beholden by a financial institution to a regulator are distinct from\nthose beholden to the customer. Moreover, you may be held liable to more than one regulator.\nAs a regulated and licensed financial institution, you have strict statutory and regulatory obligations to\nmonitor transactions and report any suspicious activities to law enforcement authorities. The importance of\nimplementing robust internal systems to detect and report money laundering and other suspicious activities\nhas been continuously emphasized in the industry in addition to having the appropriate policies, procedures\nand internal controls in place to ensure ongoing compliance in respect to the aforementioned systems. You\nshould have analysed and distinguished thereafter between that which may be normal activity and that which\ncould suggest an illegal activity. This is a well-known standard industry practice which plays a substantial role\nin preventing criminals from liquidating and laundering funds.\nFRAUD\nActual fraud can be described, inter alia, as suppression of that which is true, by one having knowledge or\nbelief of the fact. Therefore, due to your actual knowledge that such scams are so prevalent, you are liable for\ndamages. Similarly, due to the fact that you knew or were grossly negligent in not kn","date_sent_to_company":"2024-11-30T09:15:06.000Z","issue":"Fraud or scam","sub_product":"International money transfer","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"10981005","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Ria Envia, LLC","date_received":"2024-11-30T08:54:09.000Z","state":null,"company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["The importance of\nimplementing robust internal systems to detect and report money laundering and other suspicious activities\nhas been continuously <em>emphasized</em> in the industry in addition to having the appropriate policies, procedures\nand internal controls in place to ensure ongoing <em>compliance</em> in respect to the aforementioned systems. You\nshould have analysed and distinguished thereafter between that which may be normal activity and that which\ncould suggest an illegal activity."]},"sort":[6.8010397,"10981005"]},{"_index":"complaint-public-v1","_id":"9865024","_score":5.713996,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"AFFIDAVIT OF TRUTH XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Attention : XXXX XXXX XXXX XXXX XXXX ( XXXX ) Experian XXXX XXXX XXXX XXXX XXXX XXXX XXXX Subject : NOTICE OF DISPUTE and Pre-Arbitration DEMAND FOR IMMEDIATE REMEDY RE : XXXX is in direct violation of the below laws and has not been accurate or fair therefore undermining public confidence and endangering our banking system. \nI, XXXX XXXX, hereby authorize this complaint. It is important to note that this complaint was not sent by an unauthorized third party or \" credit clinic. '' I trust this letter finds you well. However, I must bring to your immediate attention the flagrant violations of the UNITED STATES CODE Fair Credit Reporting Act ( FCRA ) by XXXX, and the resulting credit profile violations which have caused damage to my FINANCIAL REPUTATION. As you may be aware, ignorance of the law is not an excuse, and it is evident that XXXX is in violation of the consumer protection provisions mandated by the UNITED STATE\n\nS CODE FCRA. Credit Reporting Agencies and Financial Institutions have an obligation to protect the consumer from harm and inconvenience. 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 ( LIKE A FISH NEEDS WATER AND A HUMAN NEEDS AIR ) 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 ( LIFE OR DEATH ) role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) There is a need to insure ( AND I WILL 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\naccordance with the requirements of this subchapter. \nXXXX vital role has been jeopardized by their own actions, XXXX is in direct violation of the below laws and has not been accurate or fair therefore undermining public confidence and endangering our banking system. \nIt has come to my attention that XXXX has unlawfully added data furnished by multiple financial institutions to my credit report without those financial institutions providing me, the consumer, with the mandatory disclosures required under 15 U.S. Code 6802. Pursuant to this statute, a financial institution is legally obligated to furnish consumers with three essential disclosures before any nonpublic personal information can be disclosed to nonaffiliated third parties. Yet, I have received no such documentation from the financial institutions whose data XXXX has unlawfully added to my consumer report. \nMoreover, XXXXXXXX XXXX failure to comply with the FCRA extends to its noncompliance with the provisions outl\n\nined in 15 U.S. Code 6802 ( b ), which unequivocally states that a financial institution must afford the consumer the opportunity to opt-out of having their nonpublic personal information disclosed to third parties. This requirement includes providing a clear and conspicuous written or electronic notice, explaining how the consumer can exercise the nondisclosure option. Regrettably, I have not been afforded this opportunity by any of the financial institutions involved. 15 U.S. Code 6802 ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( b ) Opt out ( 1 ) In general ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( Clear and conspicuous disclosure was never received ) VIOLATION1 Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this. ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( Because clear and conspicous disclosure was never received I never had the opportunity to direct information to not be disclosed ) VIOLATION 2 Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this. ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( I never received an explanation of how to exercise a nondisclosure option ) Violation number 3 Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this. None of these opportunities have been allotted to me, the consumer by any of the involved financial institutions. Furthermore 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies, states 7 ) Negative information ( A ) Notice to consumer required ( i ) In general If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 1681a ( p ) of this title furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer.\nNotice has not been provided to me, the consumer and XXXX never confirmed this with me which is unfair therefore participating in a double violation of fairness and privacy VIOLA\n\nTION 4 Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this. VIOLATION 5 privacy a Thorough Initial investigation before placing on my consumer report would have prevented this. ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers ' nonpublic personal information. [ FCRA Section 607 ( a ) ( 4 ) - Consumer Right to Privacy : I have the sole authority to determine what information should be considered private. I insist that my negative account information not be shared from my credit profile ] Violation 6 Consumer Right to Privacy The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 1681a ( p ) of this title. Again notice has not been provided to me, the consumer. C ) Coordination with other disclosures The notice required under subparagraph ( A ) ( i ) may be included on or with any notice of default, any billing statement, or any other materials provided to the customer ; and ( ii ) MUST BE CLEAR AND CONSPICUOUS. Again notice has not been provided to me, the consumer. Therefore being clear and conspicuous was not possible. VIOLATION 7 Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this. 15 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 ; ( 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 ; I did not authorize nor was i given the opportunity to authorize or to direct that such information not be communicated Violation 8 NON Authorization/privacy Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this Violation 9 Transactio\nnal Reporting : Late Payments/Privacy XXXX does not have lawful permission to furnish any information to my credit profile unless it has been clearly and conspicuously disclosed to me by the data furnisher along with the opportunity to opt out and direct that such information not be communicated.\n\nI, the consumer, have not received any clear and conspicuous disclosures nor have I been provided the opportunity to opt out or to direct my private information from being shared from any of the below financial institutions listed as accounts with account numbers. \nI hereby demand that XXXX immediately and unconditionally remove all unlawfully reported negative data from my consumer report. ( late payments, collections, hard inquiries, charge offs ) XXXX actions have caused me immense stress, duress, and agony, demonstrating a complete lack of consideration for the consumer protection laws that underpin our society. This letter serves as a final Demand before reporting XXXX to the multiple oversight bureaus, committees and boards, the next step before litigation, providing XXXX with one last opportunity to rectify the situation and amicably resolve this matter. \nThe gravity of XXXXXXXX XXXX negligent noncompliance with the United State\n\ns Code FCRA is further underscored by the inclusion of unlawfully reported items on my credit report, despite the protections enshrined in the Act. I am requesting that the below factors be removed due to violations with regard to the confidentiality, accuracy, relevancy, consent, and proper utilization of such information. Also compensation is sought for the violations and infringements against\nmy consumer rights.\n\nAccounts and Numbers : XXXX XXXX XXXX XXXX XXXX XXXX XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments Instruction : Please delete due to violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments PLEASE REMOVE 2 LATE PAYMENTS from my credit profile and Update to PAANL ( paid as agreed never late and also update payment history to ok Late payment Dates : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments Instruction : Please delete due to violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments PLEASE REMOVE 1 LATE PAYMENTS from my credit profile and Update to PAANL ( paid as agreed never late and also update payment history to ok Late payment Dates : XXXX XXXX  9 VIOLATIONS XXXX {$1000.00} X 2 INSTANCES = {$18000.00} MINIMUM IN DAMAGES XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments Instruction : Please delete due to violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments PLEASE REMOVE 5 Charge offs from my credit profile and Update to PAANL ( paid as agreed never late and also update payment history to ok Charge off Dates : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX VIOLATIONS X {$1000.00} X 6 INSTANCES = {$54000.00} MINIMUM IN DAMAGES Failure to adhere to my above demands will leave me with no choice but to pursue litigation against XXXX i\n\nn accordance with the UNITED STATES CODE FCRA to seek relief and recover all monetary damages to which I am entitled under Section 616 and Section 617. 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] 617. Civil liability for negligent noncompliance [ 15 U.S.C. 1681o ] ( a ) In general. Any person who is negligent in failing to comply with any requirement imposed under this title 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 attorney 's fees as determined by the court. ( b ) Attorney 's fees. On 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 attorney 's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. It is vital to comprehend the legal consequences of such noncompliance, as outlined in 15 U.S. Code 1681n and 15 U.S. Code 1681o, which impose civil liability for willful and negligent noncompliance, respectively. XXXXXXXX XXXX actions are in direct violation of the United States Code FCRA, and is legally obligated to remove any and all unlawfully reported data without further delay. To be unequivocally clear, the FCRA permits consumers, such as myself, to recover actual damages sustained as a result of these willful violations, which includes a minimum of {$100.00} and a maximum of {$1000.00} per violation, as well as punitive damages determined by the court and reasonable attorney 's fees. I am prepared to seek a minimum of {$200000.00} in damages ( {$99000.00} for violations, {$100000.00} for pain, suffering and punitive damages ) should XXXX fail to comply within 30 days from the receipt of this certified letter. \nI must also emphasize that my resolve is firm, and I am a litigious consumer who will tenaciously enforce my rights under the UNITED STATES CODE FCRA. Be forewarned that any lack of satisfactory actions by XXXX will result in litigation. Furthermore, I intend to make known the transgressions of XXXX through an online public press release, which will highlight your company 's blatant disregard for consumer rights and legal obligations.\n\nA copy of this letter, along with evidence, will also be submitted as a formal complaint to the Federal Trade Commission and the Bureau of Consumer Financial Protection. Please understand that all pertinent evidence contained herein will serve as a compelling basis for my potential litigation should XXXX fail to comply with this demand for immediate action.\n\nCompliance with the UNITED STATES CODE FCRA is not optional ; it is a legal requirement. The damage to my credit score and financial reputation caused by XXXX XXXX egregious misconduct can not be underestimated. Failure to respond within 30 days of receipt of this letter will leave me no choice but to proceed with the litigation. \nXXXX May Also be liable to the Federal Trade Commission in the amount of 11 violations x the maximum civil penalty of {$50000.00} for each violation = {$550000.00} in penalties and Liable to the Consumer Finance Protection Bureau in the amount of {>= $1,000,000} in penalties XXXX has been in violation XXXX days since the first violation on my consumer report on XX/XX/XXXX CFPB Tier 2 Penalty Second tier Notwithstanding paragraph ( A ), for any person that recklessly engages in a violation of a Federal consumer financial law, a civil penalty may not exceed {$25000.00} for each day during which such violation continues XXXX days x {$25000.00} each day = {>= $1,000,000} in penalties Please consider this letter a formal notice of potential future litigation and a demand for immediate compliance. I will keep a record of all correspondence for future reference.\n\nI am also including a copy of my complaint to the organizations below : CC : XXXX XXXX Assistant Director of Enforcement Consumer Financial Protection BureauXXXX XXXX XXXX XXXX XXXX XXXX XXXX CC : Consumer Financial Protection Bureau, CC : Attorney Generals Office CC : XXXX XXXX XXXX, CC : UNITED STATES CONGRESS CC : Federal Deposit Insurance Corporation, CC : Comptroller Of The Currency CC : Federal Reserve System, CC : Credit and insurance CC : Federal Trade COMMISSION Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX All Rights Reserved","date_sent_to_company":"2024-08-20T10:08:22.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"333XX","tags":null,"has_narrative":true,"complaint_id":"9865024","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-08-20T09:31:56.000Z","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":["Civil <em>liability</em> for willful noncompliance [ 15 U.S.C. 1681n ] 617. Civil <em>liability</em> for negligent noncompliance [ 15 U.S.C. 1681o ] ( a ) In general."]},"sort":[5.713996,"9865024"]},{"_index":"complaint-public-v1","_id":"9857147","_score":5.184692,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX, XXXX  XXXX SSN : XXXX XXXX : XXXX Equifax XXXX XXXX XXXX XXXX XXXX GA XXXX RE : Equifax is in direct violation of the below laws and has not been accurate or fair therefore undermining public confidence and endangering our banking system. \n\nI, XXXX XXXX, hereby authorize this complaint. It is important to note that this complaint was not sent by an unauthorized third party or \" credit clinic. '' DEMAND FOR IMMEDIATE REMEDY I trust this letter finds you well. However, I must bring to your immediate attention the flagrant violations of the UNITED STATES CODE Fair Credit Reporting Act ( FCRA ) by Equifax, and the resulting credit profile violations which have caused damage to my FINANCIAL REPUTATION. As you may be aware, ignorance of the law is not an excuse, and it is evident that Equifax is in violation of the consumer protection provisions mandated by the UNITED STATES CODE FCRA. Credit Reporting Agencies and Financial Institutions have an obligation to protect the consumer from harm and inconvenience.\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 : ( XXXX  ) The banking system is dependent ( LIKE A FISH NEEDS WATER AND A HUMAN NEEDS AIR ) 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( 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\n( XXXX ) Consumer reporting agencies have assumed a vital ( LIFE OR DEATH ) role in assembling and evaluating consumer credit and other information on consumers. \n\n( XXXX ) There is a need to insure ( AND I WILL 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\nXXXX vital role has been jeopardized by their own actions, Equifax is in direct violation of the below laws and has not been accurate or fair therefore undermining public confidence and endangering our banking system. \n\nIt has come to my attention that Equifax has unlawfully added data furnished by multiple financial institutions to my credit report without those financial institutions providing me, the consumer, with the mandatory disclosures required under 15 U.S. Code 6802. Pursuant to this statute, a financial institution is legally obligated to furnish consumers with XXXX essential disclosures before any nonpublic personal information can be disclosed to nonaffiliated third parties. Yet, I have received no such documentation from the financial institutions whose data Equifax has unlawfully added to my consumer report. \n\nMoreover, Equifax 's failure to comply with the FCRA extends to its noncompliance with the provisions outlined in 15 U.S. Code 6802 ( b ), which unequivocally states that a financial institution must afford the consumer the opportunity to opt-out of having their nonpublic personal information disclosed to third parties. This requirement includes providing a clear and conspicuous written or electronic notice, explaining how the consumer can exercise the nondisclosure option. Regrettably, I have not been afforded this opportunity by any of the financial institutions involved.\n\n15 U.S. Code 6802 ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. \n\n( b ) Opt out ( XXXX ) In general ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( Clear and conspicuous disclosure was never received ) VIOLATION1 Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this. \n\n( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( Because clear and conspicous disclosure was never received I never had the opportunity to direct information to not be disclosed ) VIOLATION XXXX Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this. \n\n( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. \n\n( I never received an explanation of how to exercise a nondisclosure option ) Violation number XXXX Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this. \n\nNone of these opportunities have been allotted to me, the consumer by any of the involved financial institutions. \n\nFurthermore 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies, states XXXX ) Negative information ( A ) Notice to consumer required ( i ) In general If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 1681a ( p ) of this title furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer. \n\nNotice has not been provided to me, the consumer and Equifax never confirmed this with me which is unfair therefore participating in a double violation of fairness and privacy VIOLATION XXXX Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this. \n\nVIOLATION XXXX privacy a Thorough Initial investigation before placing on my consumer report would have prevented this. \n\n( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers ' nonpublic personal information.\n\n[ FCRA Section 607 ( a ) ( 4 ) - Consumer RighXXXX to Privacy : I have the sole authority to determine what information should be considered private. I insist that my negative account information not be shared from my credit profile ] Violation XXXX Consumer Right to Privacy The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 1681a ( p ) of this title. \n\nAgain notice has not been provided to me, the consumer. \n\nC ) Coordination with other disclosures The notice required under subparagraph ( A ) ( i ) may be included on or with any notice of default, any billing statement, or any other materials provided to the customer ; and ( ii ) MUST BE CLEAR AND CONSPICUOUS. \n\nAgain notice has not been provided to me, the consumer. Therefore being clear and conspicuous was not possible. \n\nVIOLATION XXXX Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this. \n\n15 U.S. Code 1681a - Definitions ; rules of construction XXXX ) Exclusions.Except as provided in paragraph ( XXXX ), 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 ; I did not authorize nor was i given the opportunity to authorize or to direct that such information not be communicated Violation XXXX NON Authorization/privacy Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this Violation XXXX Transactional Reporting : Late Payments/Privacy Equifax does not have lawful permission to furnish any information to my credit profile unless it has been clearly and conspicuously disclosed to me by the data furnisher along with the opportunity to opt out and direct that such information not be communicated. \n\nI, the consumer, have not received any clear and conspicuous disclosures nor have I been provided the opportunity to opt out or to direct my private information from being shared from any of the below financial institutions listed as accounts with account numbers. \n\nI hereby demand that Equifax immediately and unconditionally remove all unlawfully reported negative data from my consumer report. ( late payments, collections, hard inquiries, charge offs ) XXXX actions have caused me immense stress, duress, and agony, demonstrating a complete lack of consideration for the consumer protection laws that underpin our society. This letter serves as a final Demand before reporting Equifax to the multiple oversight bureaus, committees and boards, the next step before litigation, providing Equifax with XXXX last opportunity to rectify the situation and amicably resolve this matter. \n\nThe gravity of Equifax 's negligent noncompliance with the United States Code FCRA is further underscored by the inclusion of unlawfully reported items on my credit report, despite the protections enshrined in the Act. \n\nI am requesting that the below factors be removed due to violations with regard to the confidentiality, accuracy, relevancy, consent, and proper utilization of such information. Also compensation is sought for the violations and infringements against my consumer rights. \n\nAccounts : XXXX  XXXX Account Number : XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy Instruction : Please delete due to a violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy. \n\nXXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$9000.00} MINIMUM IN DAMAGES BRCLYSBANKDE Account Number : XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy Instruction : Please delete due to a violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy. \n\nXXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$9000.00} MINIMUM IN DAMAGES XXXX Account Number : XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy Instruction : Please delete due to a violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy. \n\nXXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$9000.00} MINIMUM IN DAMAGES XXXX Account Number : XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy Instruction : Please delete due to a violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy.\n\nXXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$9000.00} MINIMUM IN DAMAGES XXXX Account Number : XXXX PLEASE REMOVE Account Completely from my credit report and XXXX LATE PAYMENTS Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy Instruction : Please delete due to a violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy . \n\nXXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$27000.00} MINIMUM IN DAMAGES POLICE & amp ; XXXX  Account Number : XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments Instruction : Please delete due to violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments PLEASE REMOVE XXXX  LATE PAYMENTS from my credit profile and Update to XXXX ( paid as agreed never late and also update payment history to ok Late payment Dates : XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX XX/XX/XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$99000.00} MINIMUM IN DAMAGES XXXX XXXX  Account Number : XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments Instruction : Please delete due to violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments PLEASE REMOVE XXXX LATE PAYMENTS from my credit profile and Update to XXXX ( paid as agreed never late and also update payment history to ok. \n\nLate payment Dates : XX/XX/XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XX/XX/XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XX/XX/XXXX XXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$130000.00} MINIMUM IN DAMAGES XXXX XXXX  XXXX Account Number : XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments Instruction : Please delete due to violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments PLEASE REMOVE XXXX LATE PAYMENTS from my credit profile and Update account to XXXX ( paid as agreed never late ) and also update payment history to ok Late payment Dates : XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX XXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$90000.00} MINIMUM IN DAMAGES XXXX OF XXXX Account Number : XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments Instruction : Please delete due to violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments Late payment Dates : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$45000.00} MINIMUM IN DAMAGES Failure to adhere to my above demands will leave me with no choice but to pursue litigation against Equifax in accordance with the UNITED STATES CODE FCRA to seek relief and recover all monetary damages to which I am entitled under Section 616 and Section 617.\n\n616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] 617. Civil liability for negligent noncompliance [ 15 U.S.C. 1681o ] ( a ) In general. Any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the sum of ( XXXX ) any actual damages sustained by the consumer as a result of the failure; and ( XXXX ) in the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney 's fees as determined by the court. \n\n\n\n( b ) Attorney 's fees. On 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 attorney 's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper.\n\nIt is vital to comprehend the legal consequences of such noncompliance, as outlined in 15 U.S. Code 1681n and 15 U.S. Code 1681o, which impose civil liability for willful and negligent noncompliance, respectively. XXXX 's actions are in direct violation of the United States Code FCRA, and is legally obligated to remove any and all unlawfully reported data without further delay. To be unequivocally clear, the FCRA permits consumers, such as myself, to recover actual damages sustained as a result of these willful violations, which includes a minimum of {$100.00} and a maximum of {$1000.00} per violation, as well as punitive damages determined by the court and reasonable attorney 's fees. I am prepared to seek a minimum of {>= $1,000,000} in damages ( {$430000.00} for violations, {$560000.00} for pain, suffering and punitive damages ) should Equifax fail to comply within 30 days from the receipt of this certified letter. \n\nI must also emphasize that my resolve is firm, and I am a litigious consumer who will tenaciously enforce my rights under the UNITED STATES CODE FCRA. Be forewarned that any lack of satisfactory actions by Equifax will result in litigation. Furthermore, I intend to make known the transgressions of Equifax through an online public press release, which will highlight your company 's blatant disregard for consumer rights and legal obligations. \n\nA copy of this letter, along with evidence, will also be submitted as a formal complaint to the Federal Trade Commission and the XXXX XXXX XXXX XXXX XXXX. Please understand that all pertinent evidence contained herein will serve as a compelling basis for my potential litigation should Equifax fail to comply with this demand for immediate action. \n\nCompliance with the UNITED STATES CODE FCRA is not optional ; it is a legal requirement. The damage to my credit score and financial reputation caused by Equifax 's egregious misconduct can not be underestimated. Failure to respond within 30 days of receipt of this letter will leave me no choice but to proceed with the litigation. \n\nEquifax May Also be liable to the Federal Trade Commission in the amount of XXXX violations x the maximum civil penalty of {$50000.00} for each violation = {>= $1,000,000} in penalties and Liable to the XXXX XXXX XXXX XXXX in the amount of {>= $1,000,000} in penalties Equifax has been in violation 1717 days since the first violation on my consumer report on XX/XX/XXXX2019 CFPB Tier XXXX Penalty Second tier Notwithstanding paragraph ( A ), for any person that recklessly engages in a violation of a Federal consumer financial law, a civil penalty may not exceed {$25000.00} for each day during which such violation continues XXXX days x {$25000.00} each day = {>= $1,000,000} in penalties Please consider this letter a formal notice of potential future litigation and a demand for immediate compliance. I will keep a record of all correspondence for future reference. \n\nI am also including a copy of my complaint to the organizations below : CC : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Washington, XXXX XXXX CC : Consumer Financial Protection Bureau, CC : Attorney Generals Office CC : Better Business Bureau, CC : UNITED STATES XXXX XXXX : XXXX XXXX XXXX XXXX, CC : Comptroller Of The Currency CC : Federal Reserve XXXX, CC : XXXX XXXX XXXX CC : Federal Trade COMMISSION Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX All Rights Reserved","date_sent_to_company":"2024-08-20T18:21:33.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"19144","tags":null,"has_narrative":true,"complaint_id":"9857147","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-08-20T18:13:35.000Z","state":"PA","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Civil <em>liability</em> for willful noncompliance [ 15 U.S.C. 1681n ] 617. Civil <em>liability</em> for negligent noncompliance [ 15 U.S.C. 1681o ] ( a ) In general."]},"sort":[5.184692,"9857147"]},{"_index":"complaint-public-v1","_id":"9862192","_score":4.754048,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX, XXXX  XXXX SSN : XXXX XXXX : XXXX Experian XXXX XXXX XXXX XXXX XXXX XXXX  XXXX RE : Experian is in direct violation of the below laws and has not been accurate or fair therefore undermining public confidence and endangering our banking system. \n\nI, XXXX XXXX, hereby authorize this complaint. It is important to note that this complaint was not sent by an unauthorized third party or \" credit clinic. '' DEMAND FOR IMMEDIATE REMEDY I trust this letter finds you well. However, I must bring to your immediate attention the flagrant violations of the UNITED STATES CODE Fair Credit Reporting Act ( FCRA ) by Experian, and the resulting credit profile violations which have caused damage to my FINANCIAL REPUTATION. As you may be aware, ignorance of the law is not an excuse, and it is evident that Experian is in violation of the consumer protection provisions mandated by the UNITED STATES CODE FCRA. Credit Reporting Agencies and Financial Institutions have an obligation to protect the consumer from harm and inconvenience.\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 ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) 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 XXXX XXXX XXXX XXXX ) role in assembling and evaluating consumer credit and other information on consumers. \n\n( 4 ) There is a need to insure ( AND I WILL 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\nExperianss vital role has been jeopardized by their own actions, Experian is in direct violation of the below laws and has not been accurate or fair therefore undermining public confidence and endangering our banking system. \n\nIt has come to my attention that Experian has unlawfully added data furnished by multiple financial institutions to my credit report without those financial institutions providing me, the consumer, with the mandatory disclosures required under 15 U.S. Code 6802. Pursuant to this statute, a financial institution is legally obligated to furnish consumers with XXXX essential disclosures before any nonpublic personal information can be disclosed to nonaffiliated third parties. Yet, I have received no such documentation from the financial institutions whose data Experian has unlawfully added to my consumer report. \n\nMoreover, Experian 's failure to comply with the FCRA extends to its noncompliance with the provisions outlined in 15 U.S. Code 6802 ( b ), which unequivocally states that a financial institution must afford the consumer the opportunity to opt-out of having their nonpublic personal information disclosed to third parties. This requirement includes providing a clear and conspicuous written or electronic notice, explaining how the consumer can exercise the nondisclosure option. Regrettably, I have not been afforded this opportunity by any of the financial institutions involved. \n\n15 U.S. Code 6802 ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. \n\n( b ) Opt out ( 1 ) In general ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( Clear and conspicuous disclosure was never received ) VIOLATION1 Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this. \n\n( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( Because clear and conspicous disclosure was never received I never had the opportunity to direct information to not be disclosed ) VIOLATION 2 Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this. \n\n( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. \n\n( I never received an explanation of how to exercise a nondisclosure option ) Violation number 3 Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this. \n\nNone of these opportunities have been allotted to me, the consumer by any of the involved financial institutions. \n\nFurthermore 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies, states 7 ) Negative information ( A ) Notice to consumer required ( i ) In general If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 1681a ( p ) of this title furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer. \n\nNotice has not been provided to me, the consumer and Experian never confirmed this with me which is unfair therefore participating in a double violation of fairness and privacy VIOLATION 4 Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this. \n\nVIOLATION 5 privacy a Thorough Initial investigation before placing on my consumer report would have prevented this. \n\n( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers ' nonpublic personal information. \n\n[ FCRA Section 607 ( a ) ( 4 ) - Consumer Right to Privacy : I have the sole authority to determine what information should be considered private. I insist that my negative account information not be shared from my credit profile ] Violation 6 Consumer Right to Privacy The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than XXXX  days after, furnishing the negative information to a consumer reporting agency described in section 1681a ( p ) of this title. \n\nAgain notice has not been provided to me, the consumer. \n\nC ) Coordination with other disclosures The notice required under subparagraph ( A ) ( i ) may be included on or with any notice of default, any billing statement, or any other materials provided to the customer ; and ( ii ) MUST BE CLEAR AND CONSPICUOUS. \n\nAgain notice has not been provided to me, the consumer. Therefore being clear and conspicuous was not possible. \n\nVIOLATION 7 Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this. \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 ; ( 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 ; I did not authorize nor was i given the opportunity to authorize or to direct that such information not be communicated Violation 8 NON Authorization/privacy Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this Violation 9 Transactional Reporting : Late Payments/Privacy Experian does not have lawful permission to furnish any information to my credit profile unless it has been clearly and conspicuously disclosed to me by the data furnisher along with the opportunity to opt out and direct that such information not be communicated. \n\nI, the consumer, have not received any clear and conspicuous disclosures nor have I been provided the opportunity to opt out or to direct my private information from being shared from any of the below financial institutions listed as accounts with account numbers. \n\nI hereby demand that Experian immediately and unconditionally remove all unlawfully reported negative data from my consumer report. ( late payments, collections, hard inquiries, charge offs ) Experians actions have caused me immense stress, XXXX, and XXXX, demonstrating a complete lack of consideration for the consumer protection laws that underpin our society. This letter serves as a final Demand before reporting Experian to the multiple oversight bureaus, committees and boards, the next step before litigation, providing Experian with one last opportunity to rectify the situation and amicably resolve this matter. \n\nThe gravity of Experian 's negligent noncompliance with the United States Code FCRA is further underscored by the inclusion of unlawfully reported items on my credit report, despite the protections enshrined in the Act. \n\nI am requesting that the below factors be removed due to violations with regard to the confidentiality, accuracy, relevancy, consent, and proper utilization of such information. Also compensation is sought for the violations and infringements against my consumer rights. \n\nAccounts : XXXX  XXXX Account Number : XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy Instruction : Please delete due to a violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy. \n\nXXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$9000.00} MINIMUM IN DAMAGES XXXX  XXXX Account Number : XXXX Reason : Under XXXX5 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy Instruction : Please delete due to a violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy. \n\nLate payment Dates : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$27000.00} MINIMUM IN DAMAGES XXXX  Account Number : XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy Instruction : Please delete due to a violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy. \n\nXXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$9000.00} MINIMUM IN DAMAGES XXXX Account Number : XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy Instruction : Please delete due to a violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy. \n\nXXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$9000.00} MINIMUM IN DAMAGES XXXX Account Number : XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy Instruction : Please delete due to a violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy. \n\nXXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$9000.00} MINIMUM IN DAMAGES XXXX/XXXX Account Number : XXXX PLEASE REMOVE Account Completely from my credit report and XXXX LATE PAYMENTS Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy Instruction : Please delete due to a violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy . \n\nXXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$27000.00} MINIMUM IN DAMAGES XXXX XXXX XXXX XXXX XXXX  Account Number : XXXX Reason : Under XXXX5 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments Instruction : Please delete due to violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments PLEASE REMOVE XXXX LATE PAYMENTS from my credit profile and Update to XXXX ( paid as agreed never late and also update payment history to ok Late payment Dates : XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX XX/XX/XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$99000.00} MINIMUM IN DAMAGES XXXX XXXX Account Number : XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments Instruction : Please delete due to violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments PLEASE REMOVE XXXX LATE PAYMENTS from my credit profile and Update to XXXX ( paid as agreed never late and also update payment history to ok. \n\nLate payment Dates : XX/XX/XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XX/XX/XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XX/XX/XXXX XXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$130000.00} MINIMUM IN DAMAGES XXXX XXXX XXXX Account Number : XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments Instruction : Please delete due to violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments PLEASE REMOVE XXXX LATE PAYMENTS from my credit profile and Update account to XXXX ( paid as agreed never late ) and also update payment history to ok Late payment Dates : XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX XXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$90000.00} MINIMUM IN DAMAGES XXXX XXXX XXXX Account Number : XXXX Reason : Under XXXX5 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments Instruction : Please delete due to violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments Late payment Dates : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$45000.00} MINIMUM IN DAMAGES Failure to adhere to my above demands will leave me with no choice but to pursue litigation against Experian in accordance with the UNITED STATES CODE FCRA to seek relief and recover all monetary damages to which I am entitled under Section 616 and Section 617.\n\n616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] 617. Civil liability for negligent noncompliance [ 15 U.S.C. 1681o ] ( a ) In general. Any person who is negligent in failing to comply with any requirement imposed under this title 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 attorney 's fees as determined by the court. \n\n\n\n( b ) Attorney 's fees. On 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 attorney 's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. \n\nIt is vital to comprehend the legal consequences of such noncompliance, as outlined in 15 U.S. Code 1681n and 15 U.S. Code 1681o, which impose civil liability for willful and negligent noncompliance, respectively. XXXX 's actions are in direct violation of the United States Code FCRA, and is legally obligated to remove any and all unlawfully reported data without further delay. To be unequivocally clear, the FCRA permits consumers, such as myself, to recover actual damages sustained as a result of these willful violations, which includes a minimum of {$100.00} and a maximum of {$1000.00} per violation, as well as punitive damages determined by the court and reasonable attorney 's fees. I am prepared to seek a minimum of {>= $1,000,000} in damages ( {$450000.00} for violations, {$550000.00} for pain, suffering and punitive damages ) should Experian fail to comply within XXXX  days from the receipt of this certified letter. \n\nI must also emphasize that my resolve is firm, and I am a litigious consumer who will tenaciously enforce my rights under the UNITED STATES CODE FCRA. Be forewarned that any lack of satisfactory actions by Experian will result in litigation. Furthermore, I intend to make known the transgressions of Experian through an online public press release, which will highlight your company 's blatant disregard for consumer rights and legal obligations. \n\nA copy of this letter, along with evidence, will also be submitted as a formal complaint to the Federal Trade Commission and the Bureau of Consumer Financial Protection. Please understand that all pertinent evidence contained herein will serve as a compelling basis for my potential litigation should Experian fail to comply with this demand for immediate action. \n\nCompliance with the UNITED STATES CODE FCRA is not optional ; it is a legal requirement. The damage to my credit score and financial reputation caused by Experian 's egregious misconduct can not be underestimated. Failure to respond within XXXX  days of receipt of this letter will leave me no choice but to proceed with the litigation. \n\nExperian May Also be liable to the Federal Trade Commission in the amount of XXXX violations x the maximum civil penalty of {$50000.00} for each violation = {>= $1,000,000} in penalties and Liable to the Consumer Finance Protection Bureau in the amount of {>= $1,000,000} in penalties Experian has been in violation XXXX days since the first violation on my consumer report on XX/XX/XXXX CFPB Tier 2 Penalty Second tier Notwithstanding paragraph ( A ), for any person that recklessly engages in a violation of a Federal consumer financial law, a civil penalty may not exceed {$25000.00} for each day during which such violation continues 1717 days x {$25000.00} each day = {>= $1,000,000} in penalties Please consider this letter a formal notice of potential future litigation and a demand for immediate compliance. I will keep a record of all correspondence for future reference. \n\nI am also including a copy of my complaint to the organizations below : CC : XXXX XXXX XXXX XXXX XXXX XXXX Consumer Financial Protection XXXX XXXX XXXX XXXX XXXX, XXXX XXXX CC : Consumer Financial Protection Bureau, CC : Attorney Generals Office CC : XXXX XXXX XXXX, CC : UNITED STATES CONGRESS CC : Federal Deposit Insurance Corporation, CC : Comptroller Of The Currency CC : Federal Reserve System, CC : XXXX XXXX XXXX CC : Federal Trade COMMISSION Sincerely, XXXX XXXX XXXX XXXX UCC 1-308 All Rights Reserved","date_sent_to_company":"2024-08-20T17:49:58.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"19144","tags":null,"has_narrative":true,"complaint_id":"9862192","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-08-20T17:35:38.000Z","state":"PA","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":["Civil <em>liability</em> for willful noncompliance [ 15 U.S.C. 1681n ] 617. Civil <em>liability</em> for negligent noncompliance [ 15 U.S.C. 1681o ] ( a ) In general."]},"sort":[4.754048,"9862192"]},{"_index":"complaint-public-v1","_id":"9862204","_score":4.731204,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX, XXXX  XXXX SSN : XXXX XXXX : XXXX TransUnion XXXX XXXX XXXX XXXX XXXX XXXX XXXX RE : Transunion is in direct violation of the below laws and has not been accurate or fair therefore undermining public confidence and endangering our banking system. \n\nI, XXXX XXXX, hereby authorize this complaint. It is important to note that this complaint was not sent by an unauthorized third party or \" credit clinic. '' DEMAND FOR IMMEDIATE REMEDY I trust this letter finds you well. However, I must bring to your immediate attention the flagrant violations of the UNITED STATES CODE Fair Credit Reporting Act ( FCRA ) by Transunion, and the resulting credit profile violations which have caused damage to my FINANCIAL REPUTATION. As you may be aware, ignorance of the law is not an excuse, and it is evident that Transunion is in violation of the consumer protection provisions mandated by the UNITED STATES CODE FCRA. Credit Reporting Agencies and Financial Institutions have an obligation to protect the consumer from harm and inconvenience. \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 ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) 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 ( XXXX XXXX XXXX  ) role in assembling and evaluating consumer credit and other information on consumers. \n\n( 4 ) There is a need to insure ( AND I WILL 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\nTransunionss vital role has been jeopardized by their own actions, Transunion is in direct violation of the below laws and has not been accurate or fair therefore undermining public confidence and endangering our banking system. \n\nIt has come to my attention that Transunion has unlawfully added data furnished by multiple financial institutions to my credit report without those financial institutions providing me, the consumer, with the mandatory disclosures required under 15 U.S. Code 6802. Pursuant to this statute, a financial institution is legally obligated to furnish consumers with XXXX  essential disclosures before any nonpublic personal information can be disclosed to nonaffiliated third parties. Yet, I have received no such documentation from the financial institutions whose data Transunion has unlawfully added to my consumer report. \n\nMoreover, Transunion 's failure to comply with the FCRA extends to its noncompliance with the provisions outlined in 15 U.S. Code 6802 ( b ), which unequivocally states that a financial institution must afford the consumer the opportunity to opt-out of having their nonpublic personal information disclosed to third parties. This requirement includes providing a clear and conspicuous written or electronic notice, explaining how the consumer can exercise the nondisclosure option. Regrettably, I have not been afforded this opportunity by any of the financial institutions involved. \n\n15 U.S. Code 6802 ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.\n\n( b ) Opt out ( 1 ) In general ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( Clear and conspicuous disclosure was never received ) VIOLATION1 Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this.\n\n( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( Because clear and conspicous disclosure was never received I never had the opportunity to direct information to not be disclosed ) VIOLATION 2 Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this.\n\n( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\n( I never received an explanation of how to exercise a nondisclosure option ) Violation number 3 Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this.\n\nNone of these opportunities have been allotted to me, the consumer by any of the involved financial institutions.\n\nFurthermore 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies, states 7 ) Negative information ( A ) Notice to consumer required ( i ) In general If any financial institution that extends credit and regularly and in the ordinary course of business furnishes information to a consumer reporting agency described in section 1681a ( p ) of this title furnishes negative information to such an agency regarding credit extended to a customer, the financial institution shall provide a notice of such furnishing of negative information, in writing, to the customer.\n\nNotice has not been provided to me, the consumer and Transunion never confirmed this with me which is unfair therefore participating in a double violation of fairness and privacy VIOLATION 4 Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this.\n\nVIOLATION 5 privacy a Thorough Initial investigation before placing on my consumer report would have prevented this.\n\n( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers ' nonpublic personal information.\n\n[ FCRA Section 607 ( a ) ( 4 ) - Consumer Right to Privacy : I have the sole authority to determine what information should be considered private. I insist that my negative account information not be shared from my credit profile ] Violation 6 Consumer Right to Privacy The notice required under subparagraph ( A ) shall be provided to the customer prior to, or no later than 30 days after, furnishing the negative information to a consumer reporting agency described in section 1681a ( p ) of this title.\n\nAgain notice has not been provided to me, the consumer.\n\nC ) Coordination with other disclosures The notice required under subparagraph ( A ) ( i ) may be included on or with any notice of default, any billing statement, or any other materials provided to the customer ; and ( ii ) MUST BE CLEAR AND CONSPICUOUS.\n\nAgain notice has not been provided to me, the consumer. Therefore being clear and conspicuous was not possible.\n\nVIOLATION 7 Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this.\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 ; ( 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 ; I did not authorize nor was i given the opportunity to authorize or to direct that such information not be communicated Violation 8 NON Authorization/privacy Accuracy and fairness a Thorough Initial investigation before placing on my consumer report would have prevented this Violation 9 Transactional Reporting : Late Payments/Privacy Transunion does not have lawful permission to furnish any information to my credit profile unless it has been clearly and conspicuously disclosed to me by the data furnisher along with the opportunity to opt out and direct that such information not be communicated.\n\nI, the consumer, have not received any clear and conspicuous disclosures nor have I been provided the opportunity to opt out or to direct my private information from being shared from any of the below financial institutions listed as accounts with account numbers.\n\nI hereby demand that Transunion immediately and unconditionally remove all unlawfully reported negative data from my consumer report. ( late payments, collections, hard inquiries, charge offs ) Transunions actions have caused me immense stress, duress, and agony, demonstrating a complete lack of consideration for the consumer protection laws that underpin our society. This letter serves as a final Demand before reporting Transunion to the multiple oversight bureaus, committees and boards, the next step before litigation, providing Transunion with one last opportunity to rectify the situation and amicably resolve this matter.\n\nThe gravity of Transunion 's negligent noncompliance with the United States Code FCRA is further underscored by the inclusion of unlawfully reported items on my credit report, despite the protections enshrined in the Act. \n\nI am requesting that the below factors be removed due to violations with regard to the confidentiality, accuracy, relevancy, consent, and proper utilization of such information. Also compensation is sought for the violations and infringements against my consumer rights. \n\nAccounts : XXXX  XXXX Account Number : XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy Instruction : Please delete due to a violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy. \n\nXXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$9000.00} MINIMUM IN DAMAGES XXXX  Account Number : XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy Instruction : Please delete due to a violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy. \n\nXXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$9000.00} MINIMUM IN DAMAGES XXXX  Account Number : XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy Instruction : Please delete due to a violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy. \n\nXXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$9000.00} MINIMUM IN DAMAGES XXXX Account Number : XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy Instruction : Please delete due to a violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy. \n\nXXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$9000.00} MINIMUM IN DAMAGES XXXX Account Number : XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy Instruction : Please delete due to a violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy. \n\nXXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$9000.00} MINIMUM IN DAMAGES XXXX/XXXX  Account Number : XXXX PLEASE REMOVE Account Completely from my credit report and XXXX LATE PAYMENTS Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy Instruction : Please delete due to a violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy . \n\nXXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$27000.00} MINIMUM IN DAMAGES XXXX XXXX XXXX XXXX XXXX Account Number : XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments Instruction : Please delete due to violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments PLEASE REMOVE XXXX LATE PAYMENTS from my credit profile and Update to XXXX ( paid as agreed never late and also update payment history to ok Late payment Dates : XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX XX/XX/XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$99000.00} MINIMUM IN DAMAGES XXXX XXXX Account Number : XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments Instruction : Please delete due to violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments PLEASE REMOVE XXXX LATE PAYMENTS from my credit profile and Update to XXXX ( paid as agreed never late and also update payment history to ok. \n\nLate payment Dates : XX/XX/XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XX/XX/XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XX/XX/XXXX XXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$130000.00} MINIMUM IN DAMAGES XXXX XXXX XXXX Account Number : XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments Instruction : Please delete due to violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments PLEASE REMOVE XXXX LATE PAYMENTS from my credit profile and Update account to XXXX ( paid as agreed never late ) and also update payment history to ok Late payment Dates : XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX XXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$90000.00} MINIMUM IN DAMAGES XXXX XXXX XXXX Account Number : XXXX Reason : Under 15 U.S. Code 1681 ( a ) ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments Instruction : Please delete due to violation of 15 US Code 1681a ( 4 ) Consumer Right to Privacy and 15 U.S. Code 1666b - Timing of payments Late payment Dates : XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XX/XX/XXXX XXXX VIOLATIONS X {$1000.00} X XXXX INSTANCES = {$45000.00} MINIMUM IN DAMAGES Failure to adhere to my above demands will leave me with no choice but to pursue litigation against Transunion in accordance with the UNITED STATES CODE FCRA to seek relief and recover all monetary damages to which I am entitled under Section 616 and Section 617. \n\n616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] 617. Civil liability for negligent noncompliance [ 15 U.S.C. 1681o ] ( a ) In general. Any person who is negligent in failing to comply with any requirement imposed under this title 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 attorney 's fees as determined by the court. \n\n\n\n( b ) Attorney 's fees. On 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 attorney 's fees reasonable in relation to the work expended in responding to the pleading, motion, or other paper. \n\nIt is vital to comprehend the legal consequences of such noncompliance, as outlined in 15 U.S. Code 1681n and 15 U.S. Code 1681o, which impose civil liability for willful and negligent noncompliance, respectively. Tranunion 's actions are in direct violation of the United States Code FCRA, and is legally obligated to remove any and all unlawfully reported data without further delay. To be unequivocally clear, the FCRA permits consumers, such as myself, to recover actual damages sustained as a result of these willful violations, which includes a minimum of {$100.00} and a maximum of {$1000.00} per violation, as well as punitive damages determined by the court and reasonable attorney 's fees. I am prepared to seek a minimum of {>= $1,000,000} in damages ( {$440000.00} for violations, {$550000.00} for pain, suffering and punitive damages ) should Transunion fail to comply within XXXX days from the receipt of this certified letter. \n\nI must also emphasize that my resolve is firm, and I am a litigious consumer who will tenaciously enforce my rights under the UNITED STATES CODE FCRA. Be forewarned that any lack of satisfactory actions by Transunion will result in litigation. Furthermore, I intend to make known the transgressions of Transunion through an online public press release, which will highlight your company 's blatant disregard for consumer rights and legal obligations. \n\nA copy of this letter, along with evidence, will also be submitted as a formal complaint to the Federal Trade Commission and the Bureau of Consumer Financial Protection. Please understand that all pertinent evidence contained herein will serve as a compelling basis for my potential litigation should Transunion fail to comply with this demand for immediate action. \n\nCompliance with the UNITED STATES CODE FCRA is not optional ; it is a legal requirement. The damage to my credit score and financial reputation caused by Transunion 's egregious misconduct can not be underestimated. Failure to respond within XXXX  days of receipt of this letter will leave me no choice but to proceed with the litigation. \n\nTransunion May Also be liable to the Federal Trade Commission in the amount of XXXX violations x the maximum civil penalty of {$50000.00} for each violation = {>= $1,000,000} in penalties and Liable to the Consumer Finance Protection Bureau in the amount of {>= $1,000,000} in penalties Transunion has been in violation 1717 days since the first violation on my consumer report on XX/XX/XXXX CFPB Tier 2 Penalty Second tier Notwithstanding paragraph ( A ), for any person that recklessly engages in a violation of a Federal consumer financial law, a civil penalty may not exceed {$25000.00} for each day during which such violation continues 1717 days x {$25000.00} each day = {>= $1,000,000} in penalties Please consider this letter a formal notice of potential future litigation and a demand for immediate compliance. I will keep a record of all correspondence for future reference. \n\nI am also including a copy of my complaint to the organizations below : CC : XXXX XXXX XXXX XXXX XXXX XXXX Consumer Financial Protection XXXX XXXX XXXX XXXX XXXX, XXXX XXXX CC : Consumer Financial Protection Bureau, CC : Attorney Generals Office CC : XXXX XXXX XXXX, CC : UNITED STATES CONGRESS CC : Federal Deposit Insurance Corporation, CC : Comptroller Of The Currency CC : Federal Reserve System, CC : XXXX XXXX XXXX CC : Federal Trade COMMISSION Sincerely, XXXX XXXX XXXX XXXX UCC 1-308 All Rights Reserved","date_sent_to_company":"2024-08-20T17:59:50.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"19144","tags":null,"has_narrative":true,"complaint_id":"9862204","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-08-20T17:53:19.000Z","state":"PA","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":["Civil <em>liability</em> for willful noncompliance [ 15 U.S.C. 1681n ] 617. 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