{"took":368,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":22,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"3698488","_score":10.213369,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"This is possibly my twentieth time attempting to get outdated information/incorrect account information of my report. this has harmed me financially and has prevented me from purchasing a home. \n\nThis letter is a formal request to remove outdated information from my credit report. For easy reference, I have enclosed a copy of the credit report that EQUIFAX provided me on XX/XX/XXXX with the outdated items. Per Federal, statute allows a creditor to sue up to 7 years after the last payment was made. However, Florida law reduces that time to 5 years for a written contract or promissory note and 4 years for an oral contract or open-ended contract/note.In accordance with the Fair Credit Reporting Act, Section 605 [ 15 U.S.C. 1681c ] \" Running of Reporting Period '', as of XX/XX/XXXX, reporting periods only run 7 or 10 years depending on the type of information. In my case, the information in question expired as of XX/XX/XXXX This letter is a formal request to remove outdated information from my credit report. For easy reference, I've enclosed a copy of the credit removal requests, for XXXX, XXXX XXXX and XXXX XXXX  who removed the item and then placed it right back in XXXX of XXXX on the same day the account of from XXXX it is now XXXX. \n\nThis letter is a formal request to correct inaccurate information contained in my credit file. The item ( s ) listed below are completely erroneous and outdated. In accordance with the federal Fair Credit Reporting Act ( FCRA ), I respectfully request you investigate my claim and, if after your investigation, you find my claim to be valid and accurate, I request that you immediately delete the item. I thank you for your consideration and cooperation the following account are in violation of the FLORIDA STATUTE 95.11 .The Date Of Last Activity By The Original Creditor, even should it be mine, Per Florida Statute 95.11. FLORIDA LAW REDUCES THAT TIME TO 5 YEARS FOR A WRITTEN CONTRACT OR PROMISSORY NOTE AND 4 YEARS FOR AN ORAL CONTRACT OR OPEN-ENDED CONTRACT/NOTE. Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt. I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act XXXX FDCPA XXXX. However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus. \nThe exact statute : [ 15 USC 1692e ] 0 ( A ) The legal status of the alleged debt and ( B ) Any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. \n\nThe Following Account Are in Violation of the Florida Statute 95.11 XXXX XXXX XXXX XXXX XXXX PER THE REPORTS THIS ITEM WAS FIRST REPORTED XX/XX/XXXX ALLEGED ACCOUNT XXXX CONTRACT CANCELLED 95.11LIMITATIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY.ACTIONS OTHER THAN FOR RECOVERY OF REAL PROPERTY SHALL BE COMMENCED AS FOLLOWS : WITHIN FIVE YEARS. \n( a ) An action on a judgment or decree of any court, not of record, of this state or any court of the United States, any other state or territory in the United States, or a foreign country. \n( b ) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of ss. 255.05 ( 10 ) and 713.23 ( 1 ) ( e ). \n( c ) An action to foreclose a mortgage. \n( d ) An action alleging a willful violation of s. 448.110. \n\nWITHIN FOUR YEARS. \n( a ) An action founded on negligence. \n( b ) An action relating to the determination of paternity, with the time running from the date the child reaches the age of majority. \n( c ) An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest ; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence. In any event, the action must be commenced within 10 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest. \n( d ) An action to recover public money or property held by a public officer or employee, or former public officer or employee, and obtained during, or as a result of, his or her public office or employment. \n( e ) An action for injury to a person founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property, including fixtures. \n( f ) An action founded on a statutory liability. \n( g ) An action for trespass on real property. \n( h ) An action for taking, detaining, or injuring personal property. \n( i ) An action to recover specific personal property. \n( j ) A legal or equitable action founded on fraud. \n( k ) A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts. \n( l ) An action to rescind a contract. \n( m ) An action for money paid to any governmental authority by mistake or inadvertence. \n( n ) An action for a statutory penalty or forfeiture. \n( o ) An action for assault, battery, false arrest, malicious prosecution, malicious interference, false imprisonment, or any other intentional tort, except as provided in subsections ( 4 ), ( 5 ), and ( ( p ) Any action not specifically provided for in these statutes. \n( q ) An action alleging a violation, other than a willful violation, of s. 448.110. \n\nAdditionally, I request that you supply a corrected copy of my credit profile to me and all creditors who have received a copy within the last 6 months, or the last 2 years for employment purposes., please provide me with the name, address, and telephone number of each credit grantor or other subscriber that you provided a copy of my credit report too within the past six months. If your investigation shows the information to be accurate, I respectfully request that you forward to me a description of the procedure used to determine the accuracy and completeness of the item in question within 15 days of the completion of your re-investigation as required by the Fair Credit Reporting Act. \nI am also doubtful that you would have adequate documentation to prove in court that you have the right to report this negative information on my credit report, and therefore you are in violation of the Fair Credit Reporting Act as well as the FDCPA. However, I will give you the chance to prove that you are lawfully entitled to report this information by requesting an investigation. Under the FDCPA I am also invoking my right to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activities. Please remove this account immediately from my credit report or I will have to take legal remedies which XXXX include lawsuits and notifying our state attorney general 's office. In addition, I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a {$1000.00} fine, payable to me. \n\nI request to have my name removed from your marketing lists. Here is the information you have asked me to include in my request : ONLY INFORMATION THAT SHOULD SHOW ON MY REPORT IS AS FOLLOWS : XXXX XXXX XXXX XXXX XXXX XXXX Current Mailing Address XXXX XXXX XXXX XXXX Florida XXXX Previous Mailing Address XXXX XXXX XXXX XXXX Florida XXXX Social Security Number XXXX Date of Birth XX/XX/XXXX EMPLOYER- SHOULD ONLY SHOW 1 XXXX Department of Economic XXXX XXXX XXXX Florida 2 . XXXX XXXX XXXX, Owner PHONE NUMBER SHOULD ONLY SHOW XXXX I respectfully ask you to investigate my claim and if you find my claim to be valid then I expect you to immediately remove the outdated items identified in this letter and any additional outdated items that you discover during your investigation. Furthermore, after correcting my credit file, I request that you forward a corrected copy of my credit report to me at the address listed at the top of this letter. \nFinally, if your investigation determines the information is not outdated, I respectfully request you forward to me a description of the procedure used to determine the accuracy and completeness of the item in question. In accordance with the FCRA, I respectfully request you forward this information within 15 days of the completion of your re-investigation.","date_sent_to_company":"2020-06-14T15:22:37.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"32210","tags":null,"has_narrative":true,"complaint_id":"3698488","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2020-06-14T15:22:33.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account status incorrect"},"highlight":{"complaint_what_happened":["In any event, the action <em>must</em> be commenced within 10 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed <em>contractor</em> and his or her employer, whichever date is latest."]},"sort":[10.213369,"3698488"]},{"_index":"complaint-public-v1","_id":"3698489","_score":10.20583,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"This is possibly my twentieth time attempting to get outdated information/incorrect account information of my report. this has harmed me financially and has prevented me from purchasing a home. \n\nThis letter is a formal request to remove outdated information from my credit report. For easy reference, I have enclosed a copy of the credit report that EQUIFAX provided me on XX/XX/XXXX with the outdated items. Per Federal, statute allows a creditor to sue up to 7 years after the last payment was made. However, Florida law reduces that time to 5 years for a written contract or promissory note and 4 years for an oral contract or open-ended contract/note.In accordance with the Fair Credit Reporting Act, Section 605 [ 15 U.S.C. 1681c ] \" Running of Reporting Period '', as of XX/XX/XXXX, reporting periods only run XXXX or 10 years depending on the type of information. In my case, the information in question expired as of XX/XX/XXXX This letter is a formal request to remove outdated information from my credit report. For easy reference, I've enclosed a copy of the credit removal requests, for XXXX, XXXX XXXX and XXXX XXXX  who removed the item and then placed it right back in XXXX of XXXX on the same day the account of from XXXX it is now XXXX. \n\nThis letter is a formal request to correct inaccurate information contained in my credit file. The item ( s ) listed below are completely erroneous and outdated. In accordance with the federal Fair Credit Reporting Act ( FCRA ), I respectfully request you investigate my claim and, if after your investigation, you find my claim to be valid and accurate, I request that you immediately delete the item. I thank you for your consideration and cooperation the following account are in violation of the FLORIDA STATUTE 95.11 .The Date Of Last Activity By The Original Creditor, even should it be mine, Per Florida Statute 95.11. FLORIDA LAW REDUCES THAT TIME TO 5 YEARS FOR A WRITTEN CONTRACT OR PROMISSORY NOTE AND 4 YEARS FOR AN ORAL CONTRACT OR OPEN-ENDED CONTRACT/NOTE. Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt. I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act XXXX FDCPA XXXX. However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus. \nThe exact statute : [ 15 USC 1692e ] 0 ( A ) The legal status of the alleged debt and ( B ) Any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. \n\nThe Following Account Are in Violation of the Florida Statute 95.11 XXXX XXXX XXXX XXXX XXXXt- PER THE REPORTS THIS ITEM WAS FIRST REPORTED XX/XX/XXXX ALLEGED ACCOUNT XXXX CONTRACT CANCELLED XXXX11LIMITATIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY.ACTIONS OTHER THAN FOR RECOVERY OF REAL PROPERTY SHALL BE COMMENCED AS FOLLOWS : WITHIN FIVE YEARS. \n( a ) An action on a judgment or decree of any court, not of record, of this state or any court of the United States, any other state or territory in the United States, or a foreign country. \nXXXX b ) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of ss. XXXX XXXX XXXX XXXX and 713.23 ( 1 ) ( e ). \n( c ) An action to foreclose a mortgage. \n( d ) An action alleging a willful violation of s. XXXX. \n\nWITHIN FOUR YEARS. \n( a ) An action founded on negligence. \n( b ) An action relating to the determination of paternity, with the time running from the date the child reaches the age of majority. \n( c ) An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest ; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence. In any event, the action must be commenced within 10 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest. \n( d ) An action to recover public money or property held by a public officer or employee, or former public officer or employee, and obtained during, or as a result of, his or her public office or employment. \n( e ) An action for injury to a person founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property, including fixtures. \n( f ) An action founded on a statutory liability. \n( g ) An action for trespass on real property. \n( h ) An action for taking, detaining, or injuring personal property. \n( i ) An action to recover specific personal property. \n( j ) A legal or equitable action founded on fraud. \n( k ) A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts. \n( l ) An action to rescind a contract. \n( m ) An action for money paid to any governmental authority by mistake or inadvertence. \n( n ) An action for a statutory penalty or forfeiture. \n( o ) An action for assault, battery, false arrest, malicious prosecution, malicious interference, false imprisonment, or any other intentional tort, except as provided in subsections ( 4 ), ( 5 ), and ( ( p ) Any action not specifically provided for in these statutes. \n( q ) An action alleging a violation, other than a willful violation, of s. 448.110. \n\nAdditionally, I request that you supply a corrected copy of my credit profile to me and all creditors who have received a copy within the last 6 months, or the last 2 years for employment purposes., please provide me with the name, address, and telephone number of each credit grantor or other subscriber that you provided a copy of my credit report too within the past six months. If your investigation shows the information to be accurate, I respectfully request that you forward to me a description of the procedure used to determine the accuracy and completeness of the item in question within 15 days of the completion of your re-investigation as required by the Fair Credit Reporting Act. \nI am also doubtful that you would have adequate documentation to prove in court that you have the right to report this negative information on my credit report, and therefore you are in violation of the Fair Credit Reporting Act as well as the FDCPA. However, I will give you the chance to prove that you are lawfully entitled to report this information by requesting an investigation. Under the FDCPA I am also invoking my right to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activities. Please remove this account immediately from my credit report or I will have to take legal remedies which may include lawsuits and notifying our state attorney general 's office. In addition, I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a {$1000.00} fine, payable to me. \n\nI request to have my name removed from your marketing lists. Here is the information you have asked me to include in my request : ONLY INFORMATION THAT SHOULD SHOW ON MY REPORT IS AS FOLLOWS : XXXX XXXX XXXX XXXX XXXX XXXX Current Mailing Address XXXX XXXX XXXX XXXX Florida XXXX Previous Mailing Address XXXX XXXX XXXX XXXX Florida XXXX Social Security Number XXXX Date of Birth XX/XX/XXXX EMPLOYER- SHOULD ONLY SHOW 1 XXXX Department of Economic XXXX XXXX XXXX Florida 2 XXXX XXXX XXXX XXXX Owner PHONE NUMBER SHOULD ONLY SHOW XXXX I respectfully ask you to investigate my claim and if you find my claim to be valid then I expect you to immediately remove the outdated items identified in this letter and any additional outdated items that you discover during your investigation. Furthermore, after correcting my credit file, I request that you forward a corrected copy of my credit report to me at the address listed at the top of this letter. \nFinally, if your investigation determines the information is not outdated, I respectfully request you forward to me a description of the procedure used to determine the accuracy and completeness of the item in question. In accordance with the FCRA, I respectfully request you forward this information within 15 days of the completion of your re-investigation.","date_sent_to_company":"2020-06-14T15:22:29.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"32210","tags":null,"has_narrative":true,"complaint_id":"3698489","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2020-06-14T14:23:02.000Z","state":"FL","company_public_response":null,"sub_issue":"Account status incorrect"},"highlight":{"complaint_what_happened":["In any event, the action <em>must</em> be commenced within 10 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed <em>contractor</em> and his or her employer, whichever date is latest."]},"sort":[10.20583,"3698489"]},{"_index":"complaint-public-v1","_id":"3698487","_score":10.20583,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"This is possibly my twentieth time attempting to get outdated information/incorrect account information of my report. this has harmed me financially and has prevented me from purchasing a home. \n\nThis letter is a formal request to remove outdated information from my credit report. For easy reference, I have enclosed a copy of the credit report that EQUIFAX provided me on XX/XX/XXXX with the outdated items. Per Federal, statute allows a creditor to sue up to 7 years after the last payment was made. However, Florida law reduces that time to 5 years for a written contract or promissory note and 4 years for an oral contract or open-ended contract/note.In accordance with the Fair Credit Reporting Act, Section 605 [ 15 U.S.C. 1681c ] \" Running of Reporting Period '', as of XX/XX/XXXX, reporting periods only run XXXX or 10 years depending on the type of information. In my case, the information in question expired as of XX/XX/XXXX This letter is a formal request to remove outdated information from my credit report. For easy reference, I've enclosed a copy of the credit removal requests, for XXXX, XXXX XXXX and XXXX XXXX  who removed the item and then placed it right back in XXXX of XXXX on the same day the account of from XXXX it is now XXXX. \n\nThis letter is a formal request to correct inaccurate information contained in my credit file. The item ( s ) listed below are completely erroneous and outdated. In accordance with the federal Fair Credit Reporting Act ( FCRA ), I respectfully request you investigate my claim and, if after your investigation, you find my claim to be valid and accurate, I request that you immediately delete the item. I thank you for your consideration and cooperation the following account are in violation of the FLORIDA STATUTE 95.11 .The Date Of Last Activity By The Original Creditor, even should it be mine, Per Florida Statute 95.11. FLORIDA LAW REDUCES THAT TIME TO 5 YEARS FOR A WRITTEN CONTRACT OR PROMISSORY NOTE AND 4 YEARS FOR AN ORAL CONTRACT OR OPEN-ENDED CONTRACT/NOTE. Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt. I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act XXXX FDCPA XXXX. However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus. \nThe exact statute : [ 15 USC 1692e ] 0 ( A ) The legal status of the alleged debt and ( B ) Any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. \n\nThe Following Account Are in Violation of the Florida Statute 95.11 XXXX XXXX XXXX XXXX XXXX PER THE REPORTS THIS ITEM WAS FIRST REPORTED XX/XX/XXXX ALLEGED ACCOUNT XXXX CONTRACT CANCELLED XXXX OTHER THAN FOR THE RECOVERY OF REAL PROPERTY.ACTIONS OTHER THAN FOR RECOVERY OF REAL PROPERTY SHALL BE COMMENCED AS FOLLOWS : WITHIN FIVE YEARS. \n( a ) An action on a judgment or decree of any court, not of record, of this state or any court of the United States, any other state or territory in the United States, or a foreign country. \n( b ) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of ss. 255.05 ( 10 ) and 713.23 ( 1 ) ( e ). \n( c ) An action to foreclose a mortgage. \n( d ) An action alleging a willful violation of s. 448.110. \n\nWITHIN FOUR YEARS. \n( a ) An action founded on negligence. \n( b ) An action relating to the determination of paternity, with the time running from the date the child reaches the age of majority. \n( c ) An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest ; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence. In any event, the action must be commenced within 10 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest. \n( d ) An action to recover public money or property held by a public officer or employee, or former public officer or employee, and obtained during, or as a result of, his or her public office or employment. \n( e ) An action for injury to a person founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property, including fixtures. \n( f ) An action founded on a statutory liability. \n( g ) An action for trespass on real property. \n( h ) An action for taking, detaining, or injuring personal property. \n( i ) An action to recover specific personal property. \n( j ) A legal or equitable action founded on fraud. \n( k ) A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts. \n( l ) An action to rescind a contract. \n( m ) An action for money paid to any governmental authority by mistake or inadvertence. \n( n ) An action for a statutory penalty or forfeiture. \n( o ) An action for assault, battery, false arrest, malicious prosecution, malicious interference, false imprisonment, or any other intentional tort, except as provided in subsections ( 4 ), ( 5 ), and ( ( p ) Any action not specifically provided for in these statutes. \n( q ) An action alleging a violation, other than a willful violation, of s. 448.110. \n\nAdditionally, I request that you supply a corrected copy of my credit profile to me and all creditors who have received a copy within the last 6 months, or the last 2 years for employment purposes., please provide me with the name, address, and telephone number of each credit grantor or other subscriber that you provided a copy of my credit report too within the past six months. If your investigation shows the information to be accurate, I respectfully request that you forward to me a description of the procedure used to determine the accuracy and completeness of the item in question within 15 days of the completion of your re-investigation as required by the Fair Credit Reporting Act. \nI am also doubtful that you would have adequate documentation to prove in court that you have the right to report this negative information on my credit report, and therefore you are in violation of the Fair Credit Reporting Act as well as the FDCPA. However, I will give you the chance to prove that you are lawfully entitled to report this information by requesting an investigation. Under the FDCPA I am also invoking my right to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activities. Please remove this account immediately from my credit report or I will have to take legal remedies which XXXX include lawsuits and notifying our state attorney general 's office. In addition, I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a {$1000.00} fine, payable to me. \n\nI request to have my name removed from your marketing lists. Here is the information you have asked me to include in my request : ONLY INFORMATION THAT SHOULD SHOW ON MY REPORT IS AS FOLLOWS : XXXX XXXX XXXX XXXX XXXX XXXX Current Mailing Address XXXX XXXX XXXX XXXX Florida XXXX Previous Mailing Address XXXX XXXX XXXX XXXX Florida XXXX Social Security Number XXXX Date of Birth XX/XX/XXXX EMPLOYER- SHOULD ONLY SHOW 1 XXXX Department of Economic XXXX XXXX XXXX Florida 2 XXXX XXXX XXXX XXXX, Owner PHONE NUMBER SHOULD ONLY SHOW XXXX I respectfully ask you to investigate my claim and if you find my claim to be valid then I expect you to immediately remove the outdated items identified in this letter and any additional outdated items that you discover during your investigation. Furthermore, after correcting my credit file, I request that you forward a corrected copy of my credit report to me at the address listed at the top of this letter. \nFinally, if your investigation determines the information is not outdated, I respectfully request you forward to me a description of the procedure used to determine the accuracy and completeness of the item in question. In accordance with the FCRA, I respectfully request you forward this information within 15 days of the completion of your re-investigation.","date_sent_to_company":"2020-06-14T15:22:37.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"32210","tags":null,"has_narrative":true,"complaint_id":"3698487","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2020-06-14T15:22:33.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account status incorrect"},"highlight":{"complaint_what_happened":["In any event, the action <em>must</em> be commenced within 10 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed <em>contractor</em> and his or her employer, whichever date is latest."]},"sort":[10.20583,"3698487"]},{"_index":"complaint-public-v1","_id":"2971562","_score":9.982136,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"XXXX  : National Consumer Assistance Center XXXX XXXX XXXXXXXX XXXX, TX XXXX XXXX  : ( Eastern United States ) XXXX  XXXX. XXXX  XXXX XXXX, PA XXXX XXXX : ( Western United States ) XXXX. XXXX XXXX XXXX, CA XXXX XXXX XXXX , XXXX  . \nXXXX XXXX XXXX XXXX, GA XXXX XXXX  XXXX XXXX XXXX XXXX, XXXX XXXX Attn : Consumer Services Department XXXX  Name Removal Option XXXX XXXX XXXX XXXX, PA XXXX Dear Credit Reporting Agency This letter is a formal request to correct inaccurate information contained in my credit file. The item ( s ) listed below are completely erroneous and outdated. In accordance with the federal Fair Credit Reporting Act ( FCRA ), I respectfully request you investigate my claim and, if after your investigation, you find my claim to be valid and accurate, I request that you immediately delete the item. I thank you for your consideration and cooperation the following account are in violation of the FLORIDA STATUTE 95.11 .The Date Of Last Activity By The Original Creditor, even should it be mine, Per Florida Statute 95.11. Florida law reduces that time to 5 years for a written contract or promissory note and 4 years for an oral contract or open-ended contract/note. Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt. I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act ( FDCPA ). However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus. \nThe exact statute : [ 15 USC 1692e ] ( 2 ) The false representation of -- ( A ) The legal status of the alleged debt and ( B ) Any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.\n\nThe Following Account Are in Violation of the Florida Statute 95.11 o MG Credit Opened with this debt collector in 2014 for TURNKEY PROPERTY SERVICES- ACCOUNT IS OVER 6 YEARS OLD IN FLORIDA THE MAXIUM AMOUNT IT CAN BE REPORTED IS 4- DEBT COLLECTOR ACTING ON A ZOMBIE DEBT ACCOUNT-FLORIDA STATUTE 95.11 .The Date Of Last Activity By The Original Creditor, even should it be mine, Per Florida Statute 95.11 . Florida law reduces that time to\n5 years for a written contract or promissory note and 4 years for an oral contract or open-ended contract/note. Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt. I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act ( FDCPA ). However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus.\n\n*XXXX XXXX XXXX XXXX BALANCE OWED $ XXXX- PAYMENT OF {$80.00} HAS BEEN MADE ON THIS ACCOUNT * XXXX XXXX - PAID IN FULL * XXXX - PAID IN FULL * XXXX XXXX PAID IN FULL CHECKING ACCOUNT XXXX XXXX XXXX - PAID IN FULL ( a ) An action on a judgment or decree of any court, not of record, of this state or any court of the United States , any other state or territory in the United States , or a foreign country. \n( b ) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of ss. 255.05 ( 10 ) and 713.23 ( 1 ) ( e ).\n\n( c ) An action to foreclose a mortgage.\n\n( d ) An action alleging a willful violation of s. 448.110.\n\nWITHIN FOUR YEARS.\n\n( a ) An action founded on negligence.\n\n( b ) An action relating to the determination of paternity, with the time running from the date the child reaches the age of majority.\n\n( c ) An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest ; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence. In any event, the action must be commenced within 10 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest.\n\n( d ) An action to recover public money or property held by a public officer or employee, or former public officer or employee, and obtained during, or as a result of, his or her public office or employment.\n\n( e ) An action for injury to a person founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property, including fixtures.\n\n( f ) An action founded on a statutory liability.\n\n( g ) An action for trespass on real property.\n\n( h ) An action for taking, detaining, or injuring personal property.\n\n( i ) An action to recover specific personal property.\n\n( j ) A legal or equitable action founded on fraud.\n\n( k ) A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts.\n\n( l ) An action to rescind a contract.\n\n( m ) An action for money paid to any governmental authority by mistake or inadvertence.\n\n( n ) An action for a statutory penalty or forfeiture.\n\n( o ) An action for assault, battery, false arrest, malicious prosecution, malicious interference, false imprisonment, or any other intentional tort, except as provided in subsections ( 4 ), ( 5 ), and ( ( p ) Any action not specifically provided for in these statutes.\n\n( q ) An action alleging a violation, other than a willful violation, of s. 448.110.\n\nAdditionally, I request that you supply a corrected copy of my credit profile to me and all creditors who have received a copy within the last 6 months, or the last 2 years for employment purposes., please provide me with the name, address, and telephone number of each credit grantor or other subscriber that you provided a copy of my credit report too within the past six months. If your investigation shows the information to be accurate, I respectfully request that you forward to me a description of the procedure used to determine the accuracy and completeness of the item in question within 15 days of the completion of your re-investigation as required by the Fair Credit Reporting Act.\n\nI am also doubtful that you would have adequate documentation to prove in court that you have the right to report this negative information on my credit report, and therefore you are in violation of the Fair Credit Reporting Act as well as the FDCPA. However, I will give you the chance to prove that you are lawfully entitled to report this information by requesting an investigation. Under the FDCPA I am also invoking my right to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activities. Please remove this account immediately from my credit report or I will have to take legal remedies which may include lawsuits and notifying our state attorney general 's office. In addition, I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a {$1000.00} fine, payable to me.\n\nThank you for your prompt handling of my request. \nSincerely,","date_sent_to_company":"2018-07-24T20:25:27.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"32210","tags":null,"has_narrative":true,"complaint_id":"2971562","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2018-07-24T19:34:09.000Z","state":"FL","company_public_response":null,"sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["In any event, the action <em>must</em> be commenced within 10 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed <em>contractor</em> and his or her employer, whichever date is latest."]},"sort":[9.982136,"2971562"]},{"_index":"complaint-public-v1","_id":"2971602","_score":9.969322,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Experian : XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX, TX XXXX XXXX : ( Eastern United States ) XXXX XXXX XXXX  XXXX XXXX, PA XXXX XXXX : ( Western United States ) XXXX. XXXX XXXX XXXX, CA XXXX XXXX  XXXX , XXXX . \nXXXX XXXX  XXXX XXXX, GA XXXX Experian XXXX XXXX XXXX XXXX, XXXX XXXX Attn : XXXX XXXX XXXX  XXXX  Name Removal Option XXXX XXXX  XXXX XXXX, PA XXXX Dear Credit Reporting Agency This letter is a formal request to correct inaccurate information contained in my credit file. The item ( s ) listed below are completely erroneous and outdated. In accordance with the federal Fair Credit Reporting Act ( FCRA ), I respectfully request you investigate my claim and, if after your investigation, you find my claim to be valid and accurate, I request that you immediately delete the item. I thank you for your consideration and cooperation the following account are in violation of the FLORIDA STATUTE 95.11 .The Date Of Last Activity By The Original Creditor, even should it be mine, Per Florida Statute 95.11. Florida law reduces that time to 5 years for a written contract or promissory note and 4 years for an oral contract or open-ended contract/note. Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt. I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act ( FDCPA ). However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus.\n\nThe exact statute : [ 15 USC 1692e ] ( 2 ) The false representation of -- ( A ) The legal status of the alleged debt and ( B ) Any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.\n\nThe Following Account Are in Violation of the Florida Statute 95.11 o MG Credit Opened with this debt collector in 2014 for TURNKEY PROPERTY SERVICES- ACCOUNT IS OVER 6 YEARS OLD IN FLORIDA THE MAXIUM AMOUNT IT CAN BE REPORTED IS 4- DEBT COLLECTOR ACTING ON A ZOMBIE DEBT ACCOUNT-FLORIDA STATUTE 95.11 .The Date Of Last Activity By The Original Creditor, even should it be mine, Per Florida Statute 95.11 . Florida law reduces that time to 5 years for a written contract or promissory note and 4 years for an oral contract or open-ended contract/note. Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt. I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act ( FDCPA ). However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus. \n\n*XXXX XXXX XXXX  SHOWING BALANCE OWED $ XXXX- PAYMENT OF {$80.00} HAS BEEN MADE ON THIS ACCOUNT * XXXX XXXX - PAID IN FULL * XXXX  - PAID IN FULL * XXXX XXXX PAID IN FULL CHECKING ACCOUNT XXXX XXXX XXXX - PAID IN FULL ( a ) An action on a judgment or decree of any court, not of record, of this state or any court of the United States , any other state or territory in the United States , or a foreign country.\n\n( b ) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of ss. 255.05 ( 10 ) and 713.23 ( 1 ) ( e ).\n\n( c ) An action to foreclose a mortgage.\n\n( d ) An action alleging a willful violation of s. 448.110.\n\nWITHIN FOUR YEARS.\n\n( a ) An action founded on negligence.\n\n( b ) An action relating to the determination of paternity, with the time running from the date the child reaches the age of majority.\n\n( c ) An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest ; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence. In any event, the action must be commenced within 10 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest.\n\n( d ) An action to recover public money or property held by a public officer or employee, or former public officer or employee, and obtained during, or as a result of, his or her public office or employment.\n\n( e ) An action for injury to a person founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property, including fixtures.\n\n( f ) An action founded on a statutory liability.\n\n( g ) An action for trespass on real property.\n\n( h ) An action for taking, detaining, or injuring personal property.\n\n( i ) An action to recover specific personal property.\n\n( j ) A legal or equitable action founded on fraud.\n\n( k ) A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts.\n\n( l ) An action to rescind a contract.\n\n( m ) An action for money paid to any governmental authority by mistake or inadvertence.\n\n( n ) An action for a statutory penalty or forfeiture.\n\n( o ) An action for assault, battery, false arrest, malicious prosecution, malicious interference, false imprisonment, or any other intentional tort, except as provided in subsections ( 4 ), ( 5 ), and ( ( p ) Any action not specifically provided for in these statutes.\n\n( q ) An action alleging a violation, other than a willful violation, of s. 448.110.\n\nAdditionally, I request that you supply a corrected copy of my credit profile to me and all creditors who have received a copy within the last 6 months, or the last 2 years for employment purposes., please provide me with the name, address, and telephone number of each credit grantor or other subscriber that you provided a copy of my credit report too within the past six months. If your investigation shows the information to be accurate, I respectfully request that you forward to me a description of the procedure used to determine the accuracy and completeness of the item in question within 15 days of the completion of your re-investigation as required by the Fair Credit Reporting Act.\n\nI am also doubtful that you would have adequate documentation to prove in court that you have the right to report this negative information on my credit report, and therefore you are in violation of the Fair Credit Reporting Act as well as the FDCPA. However, I will give you the chance to prove that you are lawfully entitled to report this information by requesting an investigation. Under the FDCPA I am also invoking my right to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activities. Please remove this account immediately from my credit report or I will have to take legal remedies which may include lawsuits and notifying our state attorney general 's office. In addition, I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a {$1000.00} fine, payable to me.\n\nThank you for your prompt handling of my request. \nSincerely,","date_sent_to_company":"2018-07-24T20:25:37.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"32210","tags":null,"has_narrative":true,"complaint_id":"2971602","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2018-07-24T20:25:33.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["In any event, the action <em>must</em> be commenced within 10 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed <em>contractor</em> and his or her employer, whichever date is latest."]},"sort":[9.969322,"2971602"]},{"_index":"complaint-public-v1","_id":"2971601","_score":9.969322,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"XXXX : National Consumer Assistance Center XXXX XXXX XXXX XXXX, TX XXXX TransUnion : ( Eastern United States ) TransUnion XXXX. XXXX XXXX XXXX, PA XXXX TransUnion : ( Western United States ) XXXX. XXXX XXXX XXXX, CA XXXX Options XXXX , XXXX . \nXXXX XXXX XXXX XXXX, GA XXXX XXXX  XXXX XXXX XXXX XXXX, XXXX XXXX Attn : Consumer Services Department TransUnion Name Removal Option XXXX XXXX  XXXX XXXX, PA XXXX Dear Credit Reporting Agency This letter is a formal request to correct inaccurate information contained in my credit file. The item ( s ) listed below are completely erroneous and outdated. In accordance with the federal Fair Credit Reporting Act ( FCRA ), I respectfully request you investigate my claim and, if after your investigation, you find my claim to be valid and accurate, I request that you immediately delete the item. I thank you for your consideration and cooperation the following account are in violation of the FLORIDA STATUTE 95.11 .The Date Of Last Activity By The Original Creditor, even should it be mine, Per Florida Statute 95.11. Florida law reduces that time to 5 years for a written contract or promissory note and 4 years for an oral contract or open-ended contract/note. Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt. I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act ( FDCPA ). However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus.\n\nThe exact statute : [ 15 USC 1692e ] ( 2 ) The false representation of -- ( A ) The legal status of the alleged debt and ( B ) Any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.\n\nThe Following Account Are in Violation of the Florida Statute 95.11 o MG Credit Opened with this debt collector in 2014 for TURNKEY PROPERTY SERVICES- ACCOUNT IS OVER 6 YEARS OLD IN FLORIDA THE MAXIUM AMOUNT IT CAN BE REPORTED IS 4- DEBT COLLECTOR ACTING ON A ZOMBIE DEBT ACCOUNT-FLORIDA STATUTE 95.11 .The Date Of Last Activity By The Original Creditor, even should it be mine, Per Florida Statute 95.11 . Florida law reduces that time to 5 years for a written contract or promissory note and 4 years for an oral contract or open-ended contract/note. Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt. I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act ( FDCPA ). However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus.\n\n*XXXX XXXX XXXX SHOWING BALANCE OWED $ XXXX- PAYMENT OF {$80.00} HAS BEEN MADE ON THIS ACCOUNT * XXXX   XXXX - PAID IN FULL * XXXX  - PAID IN FULL * XXXX XXXX PAID IN FULL CHECKING ACCOUNT XXXX XXXX XXXX - PAID IN FULL ( a ) An action on a judgment or decree of any court, not of record, of this state or any court of the United States , any other state or territory in the United States , or a foreign country.\n\n( b ) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of ss. 255.05 ( 10 ) and 713.23 ( 1 ) ( e ).\n\n( c ) An action to foreclose a mortgage.\n\n( d ) An action alleging a willful violation of s. 448.110.\n\nWITHIN FOUR YEARS.\n\n( a ) An action founded on negligence.\n\n( b ) An action relating to the determination of paternity, with the time running from the date the child reaches the age of majority.\n\n( c ) An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest ; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence. In any event, the action must be commenced within 10 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest.\n\n( d ) An action to recover public money or property held by a public officer or employee, or former public officer or employee, and obtained during, or as a result of, his or her public office or employment.\n\n( e ) An action for injury to a person founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property, including fixtures.\n\n( f ) An action founded on a statutory liability.\n\n( g ) An action for trespass on real property.\n\n( h ) An action for taking, detaining, or injuring personal property.\n\n( i ) An action to recover specific personal property.\n\n( j ) A legal or equitable action founded on fraud.\n\n( k ) A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts.\n\n( l ) An action to rescind a contract.\n\n( m ) An action for money paid to any governmental authority by mistake or inadvertence.\n\n( n ) An action for a statutory penalty or forfeiture.\n\n( o ) An action for assault, battery, false arrest, malicious prosecution, malicious interference, false imprisonment, or any other intentional tort, except as provided in subsections ( 4 ), ( 5 ), and ( ( p ) Any action not specifically provided for in these statutes.\n\n( q ) An action alleging a violation, other than a willful violation, of s. 448.110.\n\nAdditionally, I request that you supply a corrected copy of my credit profile to me and all creditors who have received a copy within the last 6 months, or the last 2 years for employment purposes., please provide me with the name, address, and telephone number of each credit grantor or other subscriber that you provided a copy of my credit report too within the past six months. If your investigation shows the information to be accurate, I respectfully request that you forward to me a description of the procedure used to determine the accuracy and completeness of the item in question within 15 days of the completion of your re-investigation as required by the Fair Credit Reporting Act.\n\nI am also doubtful that you would have adequate documentation to prove in court that you have the right to report this negative information on my credit report, and therefore you are in violation of the Fair Credit Reporting Act as well as the FDCPA. However, I will give you the chance to prove that you are lawfully entitled to report this information by requesting an investigation. Under the FDCPA I am also invoking my right to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activities. Please remove this account immediately from my credit report or I will have to take legal remedies which may include lawsuits and notifying our state attorney general 's office. In addition, I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a {$1000.00} fine, payable to me.\n\nThank you for your prompt handling of my request. \nSincerely,","date_sent_to_company":"2018-07-24T20:25:37.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"32210","tags":null,"has_narrative":true,"complaint_id":"2971601","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2018-07-24T20:25:33.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["In any event, the action <em>must</em> be commenced within 10 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed <em>contractor</em> and his or her employer, whichever date is latest."]},"sort":[9.969322,"2971601"]},{"_index":"complaint-public-v1","_id":"12233817","_score":8.089426,"_source":{"product":"Checking or savings account","complaint_what_happened":"XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] responding to job offer XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Welcome aboard! XXXXXXXX XXXX XXXX  Insurance company. XXXX XXXX XXXX, one of the Supervisors/ HR Managers at XXXX XXXX I will be the XXXX XXXXXXXX In charge of your job interview/ comprehensive briefing about the company and position available. \n\nDue to the disparities in our locations and schedule, the interview will be conducted online via XXXX, for ease of communication as well as Quality Control and Record-keeping/Reference purposes. I believe you are okay with that and ready for the process? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] yes XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] It's nice connecting with you. Just follow the briefing and interview process, you can ask questions when I am through and I will be glad to answer them. Your prompt response would be our priority. Respond with an \" okay '' after each paragraph so I know you have read and understood okay. \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] okay XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] XXXX is a global financial services and technology company that specializes in insurance, reinsurance, asset management, and real estate services. Founded in XXXX and headquartered in XXXX XXXX, Michigan, XXXX has grown rapidly through a unique partnership model and strategic acquisitions. \n\nThe company operates across multiple sectors, providing innovative solutions to meet the diverse needs of individuals and businesses. XXXX leverages advanced artificial intelligence and technology to enhance its service offerings, ensuring efficiency and customer satisfaction. \n\nXXXX is renowned for its decentralized approach, allowing its local agency partners to maintain autonomy while benefiting from the companys global resources and support. This model has fueled its impressive expansion, making it one of the fastest-growing brokers in the world. \n\nI believe as we proceed you will get to know and understand more. Okay? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] okay XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Data Entry Responsibilities and Duties : Transferring data from paper formats into computer files or database systems Typing in data provided directly from customers Creating spreadsheets with large numbers of figures without mistakes Transfer data from paper formats into computer files or database systems using keyboards, data recorders, or optical scanners. \nType in data provided directly from customers Create spreadsheets with large numbers of figures without mistakes. \nUpdate existing data. \nRetrieve data from the database or electronic files as requested. \nPerform regular backups to ensure data preservation. \n\nProven experience as a data entry clerk. \n\nFast typing skills ; Knowledge of the touch typing system is strongly preferred. \nExcellent knowledge of word processing tools and spreadsheets ( XXXX XXXX XXXX, XXXX, etc. ) Working knowledge of office equipment and computer hardware and peripheral devices. \nBasic understanding of databases. \nGood\n\ncommand of English both oral and written and customer service skills. Great attention to detail High school degr\nee or equivalent Assignments will be sent to you via e-mail or IM and you will report directly to your immediate supervisor. NOTE : You will be trained on it. Okay? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Okay XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX ] The working hours are flexible and you can choose to work from anywhere of your choice ( this is strictly a remote position ). The Pay is {$35.00} per hour during working hours and the training is {$22.00} per hour you will be getting your payment weekly via direct deposit. Working hours are 40 hours weekly ( 8 hours daily ). If you are employed, you are going to be working as a full-time or part time employee and not an independent contractor. Benefits include XXXX XXXX XXXX and XXXX XXXX XXXX XXXX , Employee Wellness and 401k plans. Paid Time Off and Holidays with Company Discounts. \n\nLet me know if you are still interested so we may proceed? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Okay XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX ] Here is the company 's website XXXX You are required to review it and get familiar with our achievements, mission, vision, and other vital information while we proceed with the interview. \n\n\nMay we proceed with the interview questionnaire? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX ] Okay XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX ] You are to have the Following Questions answered : What are your Full names, and where are you located at? \n\nAre you currently employed? \n\nAre you available to start immediately? \n\nAre you seeking a part-time or full-time job? \n\nHow many hours will you be able to devote to the company daily? \n\nHow long are you expected to work for us if hired? \n\nWhat are career goals? \n\nPayroll Method of payment ( Direct deposit / Wire Transfer / Paycheck ) What do you understand by privacy and code of conduct?\n\nDo you have a Printer, Fax Machine, Scanner, and a Photocopier?\n\nHave you ever been interviewed online before by a different company?\n\nIn a grade of % 100, how much can this company depend on you for your loyalty, diligence, hard work, team spirit, and sincerity? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] XXXX XXXX XXXX XXXX XXXX XXXX AZ XXXX I am not currently employed. i can start immediately. I am seeking full-time employment. I can work 8 hours a day. I plan to work for a long time. My career goals are to be an excellent employee and prove my worth to the company. I want direct deposit. Yes, I have an office and it is a private area. I have a printer, Fax Scanner and a photocopier. I have never been interviewed online before. I will be % 100 loyal to the company. I will be sure to be diligent. I will work hard. I believe in team spirit and sincerity? \n\nXXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX AM ] Your responses have been reviewed ; the percentage scored for the interview just conducted is on my screen. Due to your level of experience and communication skills. XXXX  company has decided to give you a chance to work for the company and will like to see your diligence, XXXX, XXXX to this job... congratulations! \n\nWe are pleased to welcome you to our team, you qualified for the role! \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Okay XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] WORKING WITH US At XXXX. we understand that employees are our most valuable assets so we offer competitive remuneration packages to attract, retain and reward suitable and capable candidates who can add value to the growth of the Company. We believe in the exploration of creativity, skills, and continuous learning to become leaders. Leaders who are problem solvers, customer-centric, passionate to XXXX, and can take initiative on their own. \n\nWe encourage the development of knowledge, interpersonal skills, and business competencies. Our employee training programs provide in-house/external instructor-led and online training opportunities. During your training and orientation, one of the organizations supervisors will reach you via e-mail or phone. Also, he/she will put you through our company 's guidelines under US Human Resources Laws and Regulations. \n\nThe Company is obligated to protect its intellectual property, respecting the intellectual property rights of others and protecting the security and privacy of personal information collected by the Company, including information about our customers, employees, and business partners. \n\nDo you understand? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX ] Okay XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Ethics and compliance are to ensure and reinforce ethical behavior and compliance with all applicable rules and regulations. It enhances our ability to achieve business and strategic objectives consistent with our mission and values. Through ethics and compliance, trust and confidence are encouraged on the part of customers, staff, shareholders, other mining service providers, educational institutions, payors, and the communities we serve. \n\nAll we need from you is good work and trust and you will enjoy every moment of working with us. Can we get good work and trust from you? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Okay XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Absolutely, Our benefit programs are designed for the unique needs of each employee. You will be eligible for benefits after ( 30 ) days of working with the company. We are always looking to improve our benefits program. Here are some key features of our current offering : The best possible health, dental, and vision care for you and your family Life insurance 401 ( k ) 6 % employer match 10 days of paid leave Flexible work schedule XXXX XXXX Account XXXX XXXX XXXX ( up to {$50.00} per month ) Accident and XXXX XXXX XXXX XXXX tuition for children of employees Your paperwork ( job offer letter, Code Of Conduct, and XXXX Form W-4 ) will be sent to you in Soft-copy via email by one of the company 's HR Supervisors. \n\nWhat is your preferred email address? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] XXXX XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Financial Strength is related to our organizations financial performance and policies to ensure our continued ability to fulfill XXXX  culture, mission, and vision. Financial strength is a basis for strategic planning, new services, decision-making, priority setting, compensation, recognition, and reward. Your payment will be made to you weekly ( Friday of every week ) via direct deposit or check. \n\nWhat is the name of the Financial institution you operate with to see if it tallies with the company 's official salary payment accounts? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Huntington Bank XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] You will undergo a week of training and a week of orientation which will begin as soon as you have all the working materials and you can rest assured that you will be paid for it. Okay? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Okay XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX ] You will receive your duties online every day and I will always be online to assist you with any difficulties. \n\nCan you handle the Job duties if you are being trained for it? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Okay XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX ] You will need Accounting software programs and a Time Tracker to begin your training and orientation and most importantly, you need the software to get started with work as soon as possible. \n\nNOTE : The work of the time tracker is to evaluate your working hours from the company 's server for payment purposes as this will be an online/remote position. \n\nHere are the names of the software programs you will need to start work with : A brand new laptop, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX Customized ), and a XXXX XXXX. \n\nAre you familiar with the above software programs? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Some of them. Will the company supply them? \n\nXXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] The funds needed for the programs and equipment to set up your home office will be provided for you by the company via eCheck. The check will be issued by one of the company 's affiliates in the US to ensure swift delivery. The check will cover the cost of a laptop, printer, scanner, and time tracker with a high-speed internet connection you need to start work with. \n\nEnsure to utilize the funds as instructed for the software programs/working equipment and I will refer you to one of the company 's certified vendors you are to purchase them from at a discount rate due to the company 's long-lasting relationship and bilateral agreement with them. The vendor will be responsible for completing the installation of the software programs with the required updates and patches before shipping them to you. \n\nAll working materials come with our corporate logo branded on them. Okay? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Okay XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX ] The accountant would like to verify if you are able to handle Mobile banking, specifically mobile check deposits. This is because most of our employees these days use mobile check deposits to receive their startup check. If you are unfamiliar with mobile check deposit, it involves receiving a check PDF copy via email, printing it out, signing and endorsing the back, and taking pictures of the check to process the deposit with your mobile bank app. \n\nThe funds will be available for use within 24 hours or more so you can start purchasing your work materials. If you are able to handle mobile banking and mobile check deposits, please let us know so that we can proceed further steps.\n\nLet me know if you can handle it? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Yes, I can handle mobile banking. I have this ability with my personal bank. \n\nXXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX AM ] I need you to provide the following information accurately for our employee personnel files : Name : Address : City : State : Zip Code : Cell : To enable my Secretary to enlist it into the company 's database for proper documentation in compliance with the onboarding process. \n\nSome information will also appear on your job offer letter which will be sent to your preferred email. \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX AZ XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX AM ] You are to choose between these shifts> First shift XXXX XXXX XXXX, Second shift XXXX XXXX XXXX  and third shift XXXX XXXX XXXX and you can as well decide to work more hours up to 8 hours as working hours are flexible. Working hours are flexible you can choose every day between the shifts. As for your duties, Ill assist you with any difficulties by email. You can as well work for the whole day and you are % 100 assured of getting paid for it. All activities and corresponding time are to be recorded in an XXXX spreadsheet... You will Earn $ XXXX, You will receive your pay via Pay check or direct deposit weekly, Okay? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX ] Second shift XXXX XXXXXXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX  ] I believe with the expertise of the company 's supervisors, your training and orientation will go on smoothly without any issues or hindrances if you are willing to learn. Employee Engagement at XXXX is to mobilize all staff to develop and utilize their full potential aligned with the organizations objectives in the areas of character, compassion, competence, compliance, and cooperation. It includes each employee putting forth the extra discretionary effort and the likelihood of remaining loyal with the organization for a long period. The work environment and climate must support the well-being, development, and initiative of staff to achieve full participation and performance excellence. Okay? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Okay XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Do you have any questions at this time? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX AM ] You said that the home office will be provided to me by the company via eCheck, When can this be anticipated. \n\nXXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] This process will commence as we continue the process on the onboarding signing of the paperwork. \n\nXXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] This job offers flexible hours but you are to report online by XXXX XXXX ( your time zone ) daily for any duties, tasks, and assignments until your actual work from home begins. Okay? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Okay XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] I believe you have the XXXX  messenger app installed on your mobile phone device? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] yes XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Okay, sorry XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Hang on online for your Paperwork through email as I get back to you shortly with update on getting started okay XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Okay XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] I need you to check and refresh your email inbox and other folders and let me know once you receive your Paperwork? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] okay, i received the documents XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Sounds good. Have the employment offer letter completed electronically or print off and return as will be forwarded to the HR department for proper documentation. Is that clear? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX ] Okay XXXX XXXX, [ XX/XX/XXXX XXXX AM ] i will print of the documents, sign them and return them asap XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Perfect! Hang on online for your start up check through email as i get back to you shortly with an update on getting started with orientation okay. \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Okay, give me 45 minutes, need XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] ink XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Check your email now and notify me if you have received the start up check? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX AM ] printing and scanning currently XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX AM ] Great! Follow up with the instructions printing off the check and make sure you endorse the check properly. Proceed and have the check deposited and send me a screenshot confirmation for the record. \n\nHow soon will it take you to accomplish this task and get back to me here with a deposit confirmation for record as we proceed with more information on getting started? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX ] about XXXX minutes XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX AM ] Alright, no problem. Take your time. Let me know if you need any help with the instructions or setting things up. Provide to me with the deposit receipt / screenshot confirmation once completed for record and documentation okay XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] attached are the document XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Acknowledged. We are looking forward to working with you soon as a team. If you have any additional questions or require further assistance, please don't hesitate to reach out. \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Thank you and have a lovely day. Okay XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Have the start up check deposited and Provide to me with the deposit receipt / screenshot confirmation once completed for record and documentation okay XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Got it? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] My bank back east will not accept your check XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] How did you try to deposit it? \n\nXXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] You should know this check format is for digital mobile deposit only. It wont be accepted by ATM or XXXX. A paper check is what they accept. \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Via my phone app XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Please hold on for a bit. They ll send you another check that will be compatible with your bank. \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] thank you XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] copy of deposit XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Okay XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Deposit acknowledged. What is the deposit funds availability status at the moment? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX ] XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] {$500.00} today the rest tomorrow XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] You will be deducting {$200.00} for yourself as that serves as sign on bonus and the reason why the company is giving all the newly employees Sign on bonus is to motivate them on commencement. Is that understood? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Thank you so much! Training hours from XXXX XXXX XXXX XXXX XXXX, correct. Training starts XX/XX/XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Okay XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] How do i get the computer, with the programs loaded. Do you have a service provider? \n\nXXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Yes. But training hours will be scheduled between you and your training supervisor that would be attached to you online to begin orientation. \n\nXXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] For now, You are needed to obtain the Time Tracker and Data Reader from the company accredited vendor which enables us to track the number of hours you spend daily during your training and working hours so you can be paid hourly. Without the Time Tracker, the company will not be able to calculate your training and working hours daily. Its coming from the Company 's verified Vendor, The software vendor will be responsible for installing the software and any update and patches. Your Time Tracker and data reader installation will cost you {$350.00} I believe youre familiar have have access with payment options through XXXX, XXXX wire transfer or cash app? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Yes XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Which of them do you have access to? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] XXXX comes out of the XXXX XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Yes, thats what needed for now to ensure they proceed with the software installation on your time track and data reader devices. \n\nXXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Which of the payment options do you have access to or use regularly? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX  okay XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Got it? \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] i can send money thru XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX ] okay XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Received with thanks. I need you to keep an eye on the rest funds and notify me once its available for use as I will be on my desk to assist and instruct you on what to do on how to make the whole purchase of your home office working equipment and have them deliver to your home address okay. \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Okay. I will check tomorrow morning first thing at XXXX XXXX XXXX XXXX @ XXXX XXXX XXXX XXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Thanks for your accordance. Once again, congratulations on your new job position with XXXX. We look forward to commencing working with you as soon as possible. We make every effort to ensure that employees have exciting and fulfilling careers where learning and growth never cease.\n\nI await your check-in message tomorrow Morning. \n\nXXXX XXXX, [ XX/XX/XXXX XXXX XXXX  ] Have a wonderful day. I'll be watching the XXXX vs XXXX XXXX tonight.","date_sent_to_company":"2025-02-26T05:18:32.000Z","issue":"Managing an account","sub_product":"Other banking product or service","zip_code":"85614","tags":"Older American","has_narrative":true,"complaint_id":"12233817","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"HUNTINGTON NATIONAL BANK, THE","date_received":"2025-02-26T04:54:22.000Z","state":"AZ","company_public_response":null,"sub_issue":"Deposits and withdrawals"},"highlight":{"complaint_what_happened":["If you are employed, you are going to be working as a full-time or part time <em>employee</em> and not an independent <em>contractor</em>. Benefits <em>include</em> XXXX XXXX XXXX and XXXX XXXX XXXX XXXX , <em>Employee</em> Wellness and 401k <em>plans</em>. Paid Time Off and Holidays with Company Discounts. \n\nLet me know if you are still interested so we may proceed?"]},"sort":[8.089426,"12233817"]},{"_index":"complaint-public-v1","_id":"7358136","_score":7.272308,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Nelnet and XXXX continue to report a discharged debt. This is considered a certificate of indebtedness and can not be reported.\n\n20 U.S. Code 1232g - Family educational and privacy rights ( a ) Conditions for availability of funds to educational agencies or institutions ; inspection and review of education records ; specific information to be made available ; procedure for access to education records ; reasonableness of time for such access ; hearings; written explanations by parents ; definitions ( 1 ) ( A ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy of denying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institution, as the case may be, the right to inspect and review the education records of their children. If any material or document in the education record of a student includes information on more than one student, the parents of one of such students shall have the right to inspect and review only such part of such material or document as relates to such student or to be informed of the specific information contained in such part of such material. Each educational agency or institution shall establish appropriate procedures for the granting of a request by parents for access to the education records of their children within a reasonable period of time, but in no case more than forty-five days after the request has been made.\n\n( B ) No funds under any applicable program shall be made available to any State educational agency ( whether or not that agency is an educational agency or institution under this section ) that has a policy of denying, or effectively prevents, the parents of students the right to inspect and review the education records maintained by the State educational agency on their children who are or have been in attendance at any school of an educational agency or institution that is subject to the provisions of this section.\n\n( C ) The first sentence of subparagraph ( A ) shall not operate to make available to students in institutions of postsecondary education the following materials : ( i ) financial records of the parents of the student or any information contained therein ; ( ii ) confidential letters and statements of recommendation, which were placed in the education records prior to XX/XX/XXXX, if such letters or statements are not used for purposes other than those for which they were specifically intended ; ( iii ) if the student has signed a waiver of the students right of access under this subsection in accordance with subparagraph ( D ), confidential recommendations ( I ) respecting admission to any educational agency or institution, ( II ) respecting an application for employment, and ( III ) respecting the receipt of an honor or honorary recognition.\n\n( D ) A student or a person applying for admission may waive his right of access to confidential statements described in clause ( iii ) of subparagraph ( C ), except that such waiver shall apply to recommendations only if ( i ) the student is, upon request, notified of the names of all persons making confidential recommendations and ( ii ) such recommendations are used solely for the purpose for which they were specifically intended. Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from such agency or institution.\n\n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution unless the parents of students who are or have been in attendance at a school of such agency or at such institution are provided an opportunity for a hearing by such agency or institution, in accordance with regulations of the Secretary, to challenge the content of such students education records, in order to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading or otherwise inappropriate data contained therein and to insert into such records a written explanation of the parents respecting the content of such records.\n\n( 3 ) For the purposes of this section the term educational agency or institution means any public or private agency or institution which is the recipient of funds under any applicable program.\n\n( 4 ) ( A ) For the purposes of this section, the term education records means, except as may be provided otherwise in subparagraph ( B ), those records, files, documents, and other materials which ( i ) contain information directly related to a student; and ( ii ) are maintained by an educational agency or institution or by a person acting for such agency or institution.\n\n( B ) The term education records does not include ( i ) records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute ; ( ii ) records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement ; ( iii ) in the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business which relate exclusively to such person in that persons capacity as an employee and are not available for use for any other purpose; or ( iv ) records on a student who is eighteen years of age or older, or is attending an institution of postsecondary education, which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the students choice.\n\n( 5 ) ( A ) For the purposes of this section the term directory information relating to a student includes the following : the students name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student.\n\n( B ) Any educational agency or institution making public directory information shall give public notice of the categories of information which it has designated as such information with respect to each student attending the institution or agency and shall allow a reasonable period of time after such notice has been given for a parent to inform the institution or agency that any or all of the information designated should not be released without the parents prior consent.\n\n( 6 ) For the purposes of this section, the term student includes any person with respect to whom an educational agency or institution maintains education records or personally identifiable information, but does not include a person who has not been in attendance at such agency or institution.\n\n( b ) Release of education records ; parental consent requirement ; exceptions ; compliance with judicial orders and subpoenas ; audit and evaluation of federally-supported education programs ; recordkeeping ( 1 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records ( or personally identifiable information contained therein other than directory information, as defined in paragraph ( 5 ) of subsection ( a ) ) of students without the written consent of their parents to any individual, agency, or organization, other than to the following ( A ) other school officials, including teachers within the educational institution or local educational agency, who have been determined by such agency or institution to have legitimate educational interests, including the educational interests of the child for whom consent would otherwise be required ; ( B ) officials of other schools or school systems in which the student seeks or intends to enroll, upon condition that the students parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record ; ( C ) ( i ) authorized representatives of ( I ) the Comptroller General of the United States , ( II ) the Secretary, or ( III ) State educational authorities, under the conditions set forth in paragraph ( 3 ), or ( ii ) authorized representatives of the Attorney General for law enforcement purposes under the same conditions as apply to the Secretary under paragraph ( 3 ) ; ( D ) in connection with a students application for, or receipt of, financial aid ; ( E ) State and local officials or authorities to whom such information is specifically allowed to be reported or disclosed pursuant to State statute adopted ( i ) before XX/XX/XXXX, if the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve the student whose records are released, or ( ii ) after XX/XX/XXXX, if ( I ) the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve, prior to adjudication, the student whose records are released ; and ( II ) the officials and authorities to whom such information is disclosed certify in writing to the educational agency or institution that the information will not be disclosed to any other party except as provided under State law without the prior written consent of the parent of the student. [ 1 ] ( F ) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted ; ( G ) accrediting organizations in order to carry out their accrediting functions ; ( H ) parents of a dependent student of such parents, as defined in section 152 of title 26 ; ( I ) subject to regulations of the Secretary, in connection with an emergency, appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons ; ( J ) ( i ) the entity or persons designated in a Federal grand jury subpoena, in which case the court shall order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished to the grand jury in response to the subpoena ; and ( ii ) the entity or persons designated in any other subpoena issued for a law enforcement purpose, in which case the court or other issuing agency may order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena ; ( K ) the Secretary of Agriculture, or authorized representative from the Food and Nutrition Service or contractors acting on behalf of the Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations, and performance measurements of State and local educational and other agencies and institutions receiving funding or providing benefits of 1 or more programs authorized under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) for which the results will be reported in an aggregate form that does not identify any individual, on the conditions that ( i ) any data collected under this subparagraph shall be protected in a manner that will not permit the personal identification of students and their parents by other than the authorized representatives of the Secretary; and ( ii ) any personally identifiable data shall be destroyed when the data are no longer needed for program monitoring, evaluations, and performance measurements; and ( L ) an agency caseworker or other representative of a State or local child welfare agency, or tribal organization ( as defined in section 5304 of title 25 ), who has the right to access a students case plan, as defined and determined by the State or tribal organization, when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student, provided that the education records, or the personally identifiable information contained in such records, of the student will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the students education needs and authorized by such agency or organization to receive such disclosure and such disclosure is consistent with the State or tribal laws applicable to protecting the confidentiality of a students education records.\n\nNothing in subparagraph ( E ) of this paragraph shall prevent a State from further limiting the number or type of State or local officials who will continue to have access thereunder.\n\n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph ( 1 ) of this subsection, unless ( A ) there is written consent from the students parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the students parents and the student if desired by the parents, or ( B ) except as provided in paragraph ( 1 ) ( J ), such information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution or agency, except when a parent is a party to a court proceeding involving child abuse and neglect ( as defined in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note ) ) or dependency matters, and the order is issued in the context of that proceeding, additional notice to the parent by the educational agency or institution is not required.\n\n( 3 ) Nothing contained in this section shall preclude authorized representatives of ( A ) the Comptroller General of the United States, ( B ) the Secretary, or ( C ) State educational authorities from having access to student or other records which may be necessary in connection with the audit and evaluation of Federally-supported education programs, or in connection with the enforcement of the Federal legal requirements which relate to such programs : Provided, That except when collection of personally identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal requirements.\n\n( 4 ) ( A ) Each educational agency or institution shall maintain a record, kept with the education records of each student, which will indicate all individuals ( other than those specified in paragraph ( 1 ) ( A ) of this subsection ), agencies, or organizations which have requested or obtained access to a students education records maintained by such educational agency or institution, and which will indicate specifically the legitimate interest that each such person, agency, or organization has in obtaining this information. Such record of access shall be available only to parents, to the school official and his assistants who are responsible for the custody of such records, and to persons or organizations authorized in, and under the conditions of, clauses ( A ) and ( C ) of paragraph ( 1 ) as a means of auditing the operation of the system.\n\n( B ) With respect to this subsection, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. If a third party outside the educational agency or institution permits access to information in violation of paragraph ( 2 ) ( A ), or fails to destroy information in violation of paragraph ( 1 ) ( F ), the educational agency or institution shall be prohibited from permitting access to information from education records to that third party for a period of not less than five years.\n\n( 5 ) Nothing in this section shall be construed to prohibit State and local educational officials from having access to student or other records which may be necessary in connection with the audit and evaluation of any federally or State supported education program or in connection with the enforcement of the Federal legal requirements which relate to any such program, subject to the conditions specified in the proviso in paragraph ( 3 ).\n\n( 6 ) ( A ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing, to an alleged victim of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible sex offense, the final results of any disciplinary proceeding conducted by such institution against the alleged perpetrator of such crime or offense with respect to such crime or offense.\n\n( B ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing the final results of any disciplinary proceeding conducted by such institution against a student who is an alleged perpetrator of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible sex offense, if the institution determines as a result of that disciplinary proceeding that the student committed a violation of the institutions rules or policies with respect to such crime or offense.\n\n( C ) For the purpose of this paragraph, the final results of any disciplinary proceeding ( i ) shall include only the name of the student, the violation committed, and any sanction imposed by the institution on that student; and ( ii ) may include the name of any other student, such as a victim or witness, only with the written consent of that other student.\n\n( 7 ) ( A ) Nothing in this section may be construed to prohibit an educational institution from disclosing information provided to the institution under section 14071 [ 2 ] of title 42 concerning registered sex offenders who are required to register under such section.\n\n( B ) The Secretary shall take appropriate steps to notify educational institutions that disclosure of information described in subparagraph ( A ) is permitted.\n\n( c ) Surveys or data-gathering activities ; regulations Not later than 240 days after XX/XX/XXXX, the Secretary shall adopt appropriate regulations or procedures, or identify existing regulations or procedures, which protect the rights of privacy of students and their families in connection with any surveys or data-gathering activities conducted, assisted, or authorized by the Secretary or an administrative head of an education agency. Regulations established under this subsection shall include provisions controlling the use, dissemination, and protection of such data. No survey or data-gathering activities shall be conducted by the Secretary, or an administrative head of an education agency under an applicable program, unless such activities are authorized by law.\n\n( d ) Students rather than parents permission or consent For the purposes of this section, whenever a student has attained eighteen years of age, or is attending an institution of postsecondary education, the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student.\n\n( e ) Informing parents or students of rights under this section No funds shall be made available under any applicable program to any educational agency or institution unless such agency or institution effectively informs the parents of students, or the students, if they are eighteen years of age or older, or are attending an institution of postsecondary education, of the rights accorded them by this section.\n\n( f ) Enforcement ; termination of assistance The Secretary shall take appropriate actions to enforce this section and to deal with violations of this section, in accordance with this chapter, except that action to terminate assistance may be taken only if the Secretary finds there has been a failure to comply with this section, and he has determined that compliance can not be secured by voluntary means.\n\n( g ) Office and review board ; creation ; functions The Secretary shall establish or designate an office and review board within the Department for the purpose of investigating, processing, reviewing, and adjudicating violations of this section and complaints which may be filed concerning alleged violations of this section. Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the regional offices of such Department.\n\n( h ) Disciplinary records ; disclosure Nothing in this section shall prohibit an educational agency or institution from ( 1 ) including appropriate information in the education record of any student concerning disciplinary action taken against such student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community ; or ( 2 ) disclosing such information to teachers and school officials, including teachers and school officials in other schools, who have legitimate educational interests in the behavior of the student.\n\n( i ) Drug and alcohol violation disclosures ( 1 ) In general Nothing in this Act or the Higher Education Act of 1965 [ 20 U.S.C. 1001 et seq. ] shall be construed to prohibit an institution of higher education from disclosing, to a parent or legal guardian of a student, information regarding any violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the students education records, if ( A ) the student is under the age of 21 ; and ( B ) the institution determines that the student has committed a disciplinary violation with respect to such use or possession.\n\n( 2 ) State law regarding disclosure Nothing in paragraph ( 1 ) shall be construed to supersede any provision of State law that prohibits an institution of higher education from making the disclosure described in subsection ( a ).\n\n( j ) Investigation and prosecution of terrorism ( 1 ) In general Notwithstanding subsections ( a ) through ( i ) or any provision of State law, the Attorney General ( or any Federal officer or employee, in a position not lower than an Assistant Attorney General, designated by the Attorney General ) may submit a written application to a court of competent jurisdiction for an ex parte order requiring an educational agency or institution to permit the Attorney General ( or his designee ) to ( A ) collect education records in the possession of the educational agency or institution that are relevant to an authorized investigation or prosecution of an offense listed in section 2332b ( g ) ( 5 ) ( B ) of title 18, or an act of domestic or international terrorism as defined in section 2331 of that title ; and ( B ) for official purposes related to the investigation or prosecution of an offense described in paragraph ( 1 ) ( A ), retain, disseminate, and use ( including as evidence at trial or in other administrative or judicial proceedings ) such records, consistent with such guidelines as the Attorney General, after consultation with the Secretary, shall issue to protect confidentiality.\n\n( 2 ) Application and approval ( A ) In general.\n\nAn application under paragraph ( 1 ) shall certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information described in paragraph ( 1 ) ( A ).\n\n( B ) The court shall issue an order described in paragraph ( 1 ) if the court finds that the application for the order includes the certification described in subparagraph ( A ).\n\n( 3 ) Protection of educational agency or institution An educational agency or institution that, in good faith, produces education records in accordance with an order issued under this subsection shall not be liable to any person for that production.\n\n( 4 ) Record-keeping Subsection ( b ) ( 4 ) does not apply to education records subject to a court order under this subsection.\n\n162.6 Reasonable opportunity to opt out.\n\n( a ) In general. A covered affiliate must not use eligibility information about a consumer that the covered affiliate receives from an affiliate to make a solicitation to such consumer about the covered affiliate 's financial products or services, unless the consumer is provided a reasonable opportunity to opt out, as required by this subpart.\n\n( b ) Examples. A reasonable opportunity to opt out under this subpart is : ( 1 ) If the opt-out notice is mailed to the consumer, the consumer has 30 days from the date the notice is mailed to opt out.\n\n( 2 ) If the opt-out notice is sent via electronic means to the consumer, the consumer has 30 days from the date the consumer acknowledges receipt to elect to opt out by any reasonable method.\n\n( 3 ) If the opt-out notice is sent via e-mail ( where the consumer has agreed to receive disclosures by e-mail ), the consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable method.\n\n( 4 ) If the opt-out notice provided to the consumer at the time of an electronic transaction, the consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction.\n\n( 5 ) If the opt-out notice is provided during an in-person transaction, the consumer is required to decide, as a necessary part of completing the transaction, whether to opt out through a simple process.\n\n( 6 ) If the opt-out notice is provided in conjunction with other privacy notices required by law, the consumer is allowed to exercise the opt-out election within a reasonable period of time and in the same manner as the opt out under that privacy notice.","date_sent_to_company":"2023-08-07T04:33:37.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"7358136","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Nelnet, Inc.","date_received":"2023-08-07T04:28:54.000Z","state":"TX","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["( 6 ) For the purposes of this section, the term student <em>includes</em> any person with respect to whom an educational agency or institution maintains education records or personally identifiable information, but does not <em>include</em> a person who has not been in attendance at such agency or institution."]},"sort":[7.272308,"7358136"]},{"_index":"complaint-public-v1","_id":"7358106","_score":7.265072,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"XXXX and Experian continue to report a discharged debt. This is considered a certificate of indebtedness and can not be reported.\n\n20 U.S. Code 1232g - Family educational and privacy rights ( a ) Conditions for availability of funds to educational agencies or institutions ; inspection and review of education records ; specific information to be made available ; procedure for access to education records ; reasonableness of time for such access ; hearings; written explanations by parents ; definitions ( 1 ) ( A ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy of denying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institution, as the case may be, the right to inspect and review the education records of their children. If any material or document in the education record of a student includes information on more than one student, the parents of one of such students shall have the right to inspect and review only such part of such material or document as relates to such student or to be informed of the specific information contained in such part of such material. Each educational agency or institution shall establish appropriate procedures for the granting of a request by parents for access to the education records of their children within a reasonable period of time, but in no case more than forty-five days after the request has been made.\n\n( B ) No funds under any applicable program shall be made available to any State educational agency ( whether or not that agency is an educational agency or institution under this section ) that has a policy of denying, or effectively prevents, the parents of students the right to inspect and review the education records maintained by the State educational agency on their children who are or have been in attendance at any school of an educational agency or institution that is subject to the provisions of this section.\n\n( C ) The first sentence of subparagraph ( A ) shall not operate to make available to students in institutions of postsecondary education the following materials : ( i ) financial records of the parents of the student or any information contained therein ; ( ii ) confidential letters and statements of recommendation, which were placed in the education records prior to XX/XX/XXXX, if such letters or statements are not used for purposes other than those for which they were specifically intended ; ( iii ) if the student has signed a waiver of the students right of access under this subsection in accordance with subparagraph ( D ), confidential recommendations ( I ) respecting admission to any educational agency or institution, ( II ) respecting an application for employment, and ( III ) respecting the receipt of an honor or honorary recognition.\n\n( D ) A student or a person applying for admission may waive his right of access to confidential statements described in clause ( iii ) of subparagraph ( C ), except that such waiver shall apply to recommendations only if ( i ) the student is, upon request, notified of the names of all persons making confidential recommendations and ( ii ) such recommendations are used solely for the purpose for which they were specifically intended. Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from such agency or institution.\n\n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution unless the parents of students who are or have been in attendance at a school of such agency or at such institution are provided an opportunity for a hearing by such agency or institution, in accordance with regulations of the Secretary, to challenge the content of such students education records, in order to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading or otherwise inappropriate data contained therein and to insert into such records a written explanation of the parents respecting the content of such records.\n\n( 3 ) For the purposes of this section the term educational agency or institution means any public or private agency or institution which is the recipient of funds under any applicable program.\n\n( 4 ) ( A ) For the purposes of this section, the term education records means, except as may be provided otherwise in subparagraph ( B ), those records, files, documents, and other materials which ( i ) contain information directly related to a student; and ( ii ) are maintained by an educational agency or institution or by a person acting for such agency or institution.\n\n( B ) The term education records does not include ( i ) records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute ; ( ii ) records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement ; ( iii ) in the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business which relate exclusively to such person in that persons capacity as an employee and are not available for use for any other purpose; or ( iv ) records on a student who is eighteen years of age or older, or is attending an institution of postsecondary education, which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the students choice.\n\n( 5 ) ( A ) For the purposes of this section the term directory information relating to a student includes the following : the students name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student.\n\n( B ) Any educational agency or institution making public directory information shall give public notice of the categories of information which it has designated as such information with respect to each student attending the institution or agency and shall allow a reasonable period of time after such notice has been given for a parent to inform the institution or agency that any or all of the information designated should not be released without the parents prior consent.\n\n( 6 ) For the purposes of this section, the term student includes any person with respect to whom an educational agency or institution maintains education records or personally identifiable information, but does not include a person who has not been in attendance at such agency or institution.\n\n( b ) Release of education records ; parental consent requirement ; exceptions ; compliance with judicial orders and subpoenas ; audit and evaluation of federally-supported education programs ; recordkeeping ( 1 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records ( or personally identifiable information contained therein other than directory information, as defined in paragraph ( 5 ) of subsection ( a ) ) of students without the written consent of their parents to any individual, agency, or organization, other than to the following ( A ) other school officials, including teachers within the educational institution or local educational agency, who have been determined by such agency or institution to have legitimate educational interests, including the educational interests of the child for whom consent would otherwise be required ; ( B ) officials of other schools or school systems in which the student seeks or intends to enroll, upon condition that the students parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record ; ( C ) ( i ) authorized representatives of ( I ) the Comptroller General of the United States , ( II ) the Secretary, or ( III ) State educational authorities, under the conditions set forth in paragraph ( 3 ), or ( ii ) authorized representatives of the Attorney General for law enforcement purposes under the same conditions as apply to the Secretary under paragraph ( 3 ) ; ( D ) in connection with a students application for, or receipt of, financial aid ; ( E ) State and local officials or authorities to whom such information is specifically allowed to be reported or disclosed pursuant to State statute adopted ( i ) before XX/XX/XXXX, if the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve the student whose records are released, or ( ii ) after XX/XX/XXXX, if ( I ) the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve, prior to adjudication, the student whose records are released ; and ( II ) the officials and authorities to whom such information is disclosed certify in writing to the educational agency or institution that the information will not be disclosed to any other party except as provided under State law without the prior written consent of the parent of the student. [ 1 ] ( F ) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted ; ( G ) accrediting organizations in order to carry out their accrediting functions ; ( H ) parents of a dependent student of such parents, as defined in section 152 of title 26 ; ( I ) subject to regulations of the Secretary, in connection with an emergency, appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons ; ( J ) ( i ) the entity or persons designated in a Federal grand jury subpoena, in which case the court shall order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished to the grand jury in response to the subpoena ; and ( ii ) the entity or persons designated in any other subpoena issued for a law enforcement purpose, in which case the court or other issuing agency may order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena ; ( K ) the Secretary of Agriculture, or authorized representative from the Food and Nutrition Service or contractors acting on behalf of the Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations, and performance measurements of State and local educational and other agencies and institutions receiving funding or providing benefits of 1 or more programs authorized under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) for which the results will be reported in an aggregate form that does not identify any individual, on the conditions that ( i ) any data collected under this subparagraph shall be protected in a manner that will not permit the personal identification of students and their parents by other than the authorized representatives of the Secretary; and ( ii ) any personally identifiable data shall be destroyed when the data are no longer needed for program monitoring, evaluations, and performance measurements; and ( L ) an agency caseworker or other representative of a State or local child welfare agency, or tribal organization ( as defined in section 5304 of title 25 ), who has the right to access a students case plan, as defined and determined by the State or tribal organization, when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student, provided that the education records, or the personally identifiable information contained in such records, of the student will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the students education needs and authorized by such agency or organization to receive such disclosure and such disclosure is consistent with the State or tribal laws applicable to protecting the confidentiality of a students education records. \nNothing in subparagraph ( E ) of this paragraph shall prevent a State from further limiting the number or type of State or local officials who will continue to have access thereunder.\n\n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph ( 1 ) of this subsection, unless ( A ) there is written consent from the students parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the students parents and the student if desired by the parents, or ( B ) except as provided in paragraph ( 1 ) ( J ), such information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution or agency, except when a parent is a party to a court proceeding involving child abuse and neglect ( as defined in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note ) ) or dependency matters, and the order is issued in the context of that proceeding, additional notice to the parent by the educational agency or institution is not required.\n\n( 3 ) Nothing contained in this section shall preclude authorized representatives of ( A ) the Comptroller General of the United States, ( B ) the Secretary, or ( C ) State educational authorities from having access to student or other records which may be necessary in connection with the audit and evaluation of Federally-supported education programs, or in connection with the enforcement of the Federal legal requirements which relate to such programs : Provided, That except when collection of personally identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal requirements.\n\n( 4 ) ( A ) Each educational agency or institution shall maintain a record, kept with the education records of each student, which will indicate all individuals ( other than those specified in paragraph ( 1 ) ( A ) of this subsection ), agencies, or organizations which have requested or obtained access to a students education records maintained by such educational agency or institution, and which will indicate specifically the legitimate interest that each such person, agency, or organization has in obtaining this information. Such record of access shall be available only to parents, to the school official and his assistants who are responsible for the custody of such records, and to persons or organizations authorized in, and under the conditions of, clauses ( A ) and ( C ) of paragraph ( 1 ) as a means of auditing the operation of the system.\n\n( B ) With respect to this subsection, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. If a third party outside the educational agency or institution permits access to information in violation of paragraph ( 2 ) ( A ), or fails to destroy information in violation of paragraph ( 1 ) ( F ), the educational agency or institution shall be prohibited from permitting access to information from education records to that third party for a period of not less than five years.\n\n( 5 ) Nothing in this section shall be construed to prohibit State and local educational officials from having access to student or other records which may be necessary in connection with the audit and evaluation of any federally or State supported education program or in connection with the enforcement of the Federal legal requirements which relate to any such program, subject to the conditions specified in the proviso in paragraph ( 3 ).\n\n( 6 ) ( A ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing, to an alleged victim of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible sex offense, the final results of any disciplinary proceeding conducted by such institution against the alleged perpetrator of such crime or offense with respect to such crime or offense.\n\n( B ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing the final results of any disciplinary proceeding conducted by such institution against a student who is an alleged perpetrator of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible sex offense, if the institution determines as a result of that disciplinary proceeding that the student committed a violation of the institutions rules or policies with respect to such crime or offense.\n\n( C ) For the purpose of this paragraph, the final results of any disciplinary proceeding ( i ) shall include only the name of the student, the violation committed, and any sanction imposed by the institution on that student; and ( ii ) may include the name of any other student, such as a victim or witness, only with the written consent of that other student.\n\n( 7 ) ( A ) Nothing in this section may be construed to prohibit an educational institution from disclosing information provided to the institution under section 14071 [ 2 ] of title 42 concerning registered sex offenders who are required to register under such section.\n\n( B ) The Secretary shall take appropriate steps to notify educational institutions that disclosure of information described in subparagraph ( A ) is permitted.\n\n( c ) Surveys or data-gathering activities ; regulations Not later than 240 days after XX/XX/XXXX, the Secretary shall adopt appropriate regulations or procedures, or identify existing regulations or procedures, which protect the rights of privacy of students and their families in connection with any surveys or data-gathering activities conducted, assisted, or authorized by the Secretary or an administrative head of an education agency. Regulations established under this subsection shall include provisions controlling the use, dissemination, and protection of such data. No survey or data-gathering activities shall be conducted by the Secretary, or an administrative head of an education agency under an applicable program, unless such activities are authorized by law.\n\n( d ) Students rather than parents permission or consent For the purposes of this section, whenever a student has attained eighteen years of age, or is attending an institution of postsecondary education, the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student.\n\n( e ) Informing parents or students of rights under this section No funds shall be made available under any applicable program to any educational agency or institution unless such agency or institution effectively informs the parents of students, or the students, if they are eighteen years of age or older, or are attending an institution of postsecondary education, of the rights accorded them by this section.\n\n( f ) Enforcement ; termination of assistance The Secretary shall take appropriate actions to enforce this section and to deal with violations of this section, in accordance with this chapter, except that action to terminate assistance may be taken only if the Secretary finds there has been a failure to comply with this section, and he has determined that compliance can not be secured by voluntary means.\n\n( g ) Office and review board ; creation ; functions The Secretary shall establish or designate an office and review board within the Department for the purpose of investigating, processing, reviewing, and adjudicating violations of this section and complaints which may be filed concerning alleged violations of this section. Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the regional offices of such Department.\n\n( h ) Disciplinary records ; disclosure Nothing in this section shall prohibit an educational agency or institution from ( 1 ) including appropriate information in the education record of any student concerning disciplinary action taken against such student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community ; or ( 2 ) disclosing such information to teachers and school officials, including teachers and school officials in other schools, who have legitimate educational interests in the behavior of the student.\n\n( i ) Drug and alcohol violation disclosures ( 1 ) In general Nothing in this Act or the Higher Education Act of 1965 [ 20 U.S.C. 1001 et seq. ] shall be construed to prohibit an institution of higher education from disclosing, to a parent or legal guardian of a student, information regarding any violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the students education records, if ( A ) the student is under the age of 21 ; and ( B ) the institution determines that the student has committed a disciplinary violation with respect to such use or possession.\n\n( 2 ) State law regarding disclosure Nothing in paragraph ( 1 ) shall be construed to supersede any provision of State law that prohibits an institution of higher education from making the disclosure described in subsection ( a ).\n\n( j ) Investigation and prosecution of terrorism ( 1 ) In general Notwithstanding subsections ( a ) through ( i ) or any provision of State law, the Attorney General ( or any Federal officer or employee, in a position not lower than an Assistant Attorney General, designated by the Attorney General ) may submit a written application to a court of competent jurisdiction for an ex parte order requiring an educational agency or institution to permit the Attorney General ( or his designee ) to ( A ) collect education records in the possession of the educational agency or institution that are relevant to an authorized investigation or prosecution of an offense listed in section 2332b ( g ) ( 5 ) ( B ) of title 18, or an act of domestic or international terrorism as defined in section 2331 of that title ; and ( B ) for official purposes related to the investigation or prosecution of an offense described in paragraph ( 1 ) ( A ), retain, disseminate, and use ( including as evidence at trial or in other administrative or judicial proceedings ) such records, consistent with such guidelines as the Attorney General, after consultation with the Secretary, shall issue to protect confidentiality.\n\n( 2 ) Application and approval ( A ) In general.\n\nAn application under paragraph ( 1 ) shall certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information described in paragraph ( 1 ) ( A ).\n\n( B ) The court shall issue an order described in paragraph ( 1 ) if the court finds that the application for the order includes the certification described in subparagraph ( A ).\n\n( 3 ) Protection of educational agency or institution An educational agency or institution that, in good faith, produces education records in accordance with an order issued under this subsection shall not be liable to any person for that production.\n\n( 4 ) Record-keeping Subsection ( b ) ( 4 ) does not apply to education records subject to a court order under this subsection.\n\n162.6 Reasonable opportunity to opt out.\n\n( a ) In general. A covered affiliate must not use eligibility information about a consumer that the covered affiliate receives from an affiliate to make a solicitation to such consumer about the covered affiliate 's financial products or services, unless the consumer is provided a reasonable opportunity to opt out, as required by this subpart.\n\n( b ) Examples. A reasonable opportunity to opt out under this subpart is : ( 1 ) If the opt-out notice is mailed to the consumer, the consumer has 30 days from the date the notice is mailed to opt out.\n\n( 2 ) If the opt-out notice is sent via electronic means to the consumer, the consumer has 30 days from the date the consumer acknowledges receipt to elect to opt out by any reasonable method.\n\n( 3 ) If the opt-out notice is sent via e-mail ( where the consumer has agreed to receive disclosures by e-mail ), the consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable method.\n\n( 4 ) If the opt-out notice provided to the consumer at the time of an electronic transaction, the consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction.\n\n( 5 ) If the opt-out notice is provided during an in-person transaction, the consumer is required to decide, as a necessary part of completing the transaction, whether to opt out through a simple process.\n\n( 6 ) If the opt-out notice is provided in conjunction with other privacy notices required by law, the consumer is allowed to exercise the opt-out election within a reasonable period of time and in the same manner as the opt out under that privacy notice.","date_sent_to_company":"2023-08-07T04:33:50.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"7358106","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-08-07T04:33:42.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["( 6 ) For the purposes of this section, the term student <em>includes</em> any person with respect to whom an educational agency or institution maintains education records or personally identifiable information, but does not <em>include</em> a person who has not been in attendance at such agency or institution."]},"sort":[7.265072,"7358106"]},{"_index":"complaint-public-v1","_id":"7358107","_score":7.2414813,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Nelnet and XXXX continue to report a discharged debt. This is considered a certificate of indebtedness and can not be reported.\n\n20 U.S. Code 1232g - Family educational and privacy rights ( a ) Conditions for availability of funds to educational agencies or institutions ; inspection and review of education records ; specific information to be made available ; procedure for access to education records ; reasonableness of time for such access ; hearings; written explanations by parents ; definitions ( 1 ) ( A ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy of denying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institution, as the case may be, the right to inspect and review the education records of their children. If any material or document in the education record of a student includes information on more than one student, the parents of one of such students shall have the right to inspect and review only such part of such material or document as relates to such student or to be informed of the specific information contained in such part of such material. Each educational agency or institution shall establish appropriate procedures for the granting of a request by parents for access to the education records of their children within a reasonable period of time, but in no case more than forty-five days after the request has been made.\n\n( B ) No funds under any applicable program shall be made available to any State educational agency ( whether or not that agency is an educational agency or institution under this section ) that has a policy of denying, or effectively prevents, the parents of students the right to inspect and review the education records maintained by the State educational agency on their children who are or have been in attendance at any school of an educational agency or institution that is subject to the provisions of this section.\n\n( C ) The first sentence of subparagraph ( A ) shall not operate to make available to students in institutions of postsecondary education the following materials : ( i ) financial records of the parents of the student or any information contained therein ; ( ii ) confidential letters and statements of recommendation, which were placed in the education records prior to XX/XX/XXXX, if such letters or statements are not used for purposes other than those for which they were specifically intended ; ( iii ) if the student has signed a waiver of the students right of access under this subsection in accordance with subparagraph ( D ), confidential recommendations ( I ) respecting admission to any educational agency or institution, ( II ) respecting an application for employment, and ( III ) respecting the receipt of an honor or honorary recognition.\n\n( D ) A student or a person applying for admission may waive his right of access to confidential statements described in clause ( iii ) of subparagraph ( C ), except that such waiver shall apply to recommendations only if ( i ) the student is, upon request, notified of the names of all persons making confidential recommendations and ( ii ) such recommendations are used solely for the purpose for which they were specifically intended. Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits from such agency or institution.\n\n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution unless the parents of students who are or have been in attendance at a school of such agency or at such institution are provided an opportunity for a hearing by such agency or institution, in accordance with regulations of the Secretary, to challenge the content of such students education records, in order to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy rights of students, and to provide an opportunity for the correction or deletion of any such inaccurate, misleading or otherwise inappropriate data contained therein and to insert into such records a written explanation of the parents respecting the content of such records.\n\n( 3 ) For the purposes of this section the term educational agency or institution means any public or private agency or institution which is the recipient of funds under any applicable program.\n\n( 4 ) ( A ) For the purposes of this section, the term education records means, except as may be provided otherwise in subparagraph ( B ), those records, files, documents, and other materials which ( i ) contain information directly related to a student; and ( ii ) are maintained by an educational agency or institution or by a person acting for such agency or institution.\n\n( B ) The term education records does not include ( i ) records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute ; ( ii ) records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement ; ( iii ) in the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business which relate exclusively to such person in that persons capacity as an employee and are not available for use for any other purpose; or ( iv ) records on a student who is eighteen years of age or older, or is attending an institution of postsecondary education, which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the students choice.\n\n( 5 ) ( A ) For the purposes of this section the term directory information relating to a student includes the following : the students name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student.\n\n( B ) Any educational agency or institution making public directory information shall give public notice of the categories of information which it has designated as such information with respect to each student attending the institution or agency and shall allow a reasonable period of time after such notice has been given for a parent to inform the institution or agency that any or all of the information designated should not be released without the parents prior consent.\n\n( 6 ) For the purposes of this section, the term student includes any person with respect to whom an educational agency or institution maintains education records or personally identifiable information, but does not include a person who has not been in attendance at such agency or institution.\n\n( b ) Release of education records ; parental consent requirement ; exceptions ; compliance with judicial orders and subpoenas ; audit and evaluation of federally-supported education programs ; recordkeeping ( 1 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records ( or personally identifiable information contained therein other than directory information, as defined in paragraph ( 5 ) of subsection ( a ) ) of students without the written consent of their parents to any individual, agency, or organization, other than to the following ( A ) other school officials, including teachers within the educational institution or local educational agency, who have been determined by such agency or institution to have legitimate educational interests, including the educational interests of the child for whom consent would otherwise be required ; ( B ) officials of other schools or school systems in which the student seeks or intends to enroll, upon condition that the students parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record ; ( C ) ( i ) authorized representatives of ( I ) the Comptroller General of the United States , ( II ) the Secretary, or ( III ) State educational authorities, under the conditions set forth in paragraph ( 3 ), or ( ii ) authorized representatives of the Attorney General for law enforcement purposes under the same conditions as apply to the Secretary under paragraph ( 3 ) ; ( D ) in connection with a students application for, or receipt of, financial aid ; ( E ) State and local officials or authorities to whom such information is specifically allowed to be reported or disclosed pursuant to State statute adopted ( i ) before XX/XX/XXXX, if the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve the student whose records are released, or ( ii ) after XX/XX/XXXX, if ( I ) the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve, prior to adjudication, the student whose records are released ; and ( II ) the officials and authorities to whom such information is disclosed certify in writing to the educational agency or institution that the information will not be disclosed to any other party except as provided under State law without the prior written consent of the parent of the student. [ 1 ] ( F ) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted ; ( G ) accrediting organizations in order to carry out their accrediting functions ; ( H ) parents of a dependent student of such parents, as defined in section 152 of title 26 ; ( I ) subject to regulations of the Secretary, in connection with an emergency, appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons ; ( J ) ( i ) the entity or persons designated in a Federal grand jury subpoena, in which case the court shall order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished to the grand jury in response to the subpoena ; and ( ii ) the entity or persons designated in any other subpoena issued for a law enforcement purpose, in which case the court or other issuing agency may order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena ; ( K ) the Secretary of Agriculture, or authorized representative from the Food and Nutrition Service or contractors acting on behalf of the Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations, and performance measurements of State and local educational and other agencies and institutions receiving funding or providing benefits of 1 or more programs authorized under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) for which the results will be reported in an aggregate form that does not identify any individual, on the conditions that ( i ) any data collected under this subparagraph shall be protected in a manner that will not permit the personal identification of students and their parents by other than the authorized representatives of the Secretary; and ( ii ) any personally identifiable data shall be destroyed when the data are no longer needed for program monitoring, evaluations, and performance measurements; and ( L ) an agency caseworker or other representative of a State or local child welfare agency, or tribal organization ( as defined in section 5304 of title 25 ), who has the right to access a students case plan, as defined and determined by the State or tribal organization, when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student, provided that the education records, or the personally identifiable information contained in such records, of the student will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the students education needs and authorized by such agency or organization to receive such disclosure and such disclosure is consistent with the State or tribal laws applicable to protecting the confidentiality of a students education records. \nNothing in subparagraph ( E ) of this paragraph shall prevent a State from further limiting the number or type of State or local officials who will continue to have access thereunder.\n\n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph ( 1 ) of this subsection, unless ( A ) there is written consent from the students parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the students parents and the student if desired by the parents, or ( B ) except as provided in paragraph ( 1 ) ( J ), such information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution or agency, except when a parent is a party to a court proceeding involving child abuse and neglect ( as defined in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note ) ) or dependency matters, and the order is issued in the context of that proceeding, additional notice to the parent by the educational agency or institution is not required.\n\n( 3 ) Nothing contained in this section shall preclude authorized representatives of ( A ) the Comptroller General of the United States, ( B ) the Secretary, or ( C ) State educational authorities from having access to student or other records which may be necessary in connection with the audit and evaluation of Federally-supported education programs, or in connection with the enforcement of the Federal legal requirements which relate to such programs : Provided, That except when collection of personally identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal requirements.\n\n( 4 ) ( A ) Each educational agency or institution shall maintain a record, kept with the education records of each student, which will indicate all individuals ( other than those specified in paragraph ( 1 ) ( A ) of this subsection ), agencies, or organizations which have requested or obtained access to a students education records maintained by such educational agency or institution, and which will indicate specifically the legitimate interest that each such person, agency, or organization has in obtaining this information. Such record of access shall be available only to parents, to the school official and his assistants who are responsible for the custody of such records, and to persons or organizations authorized in, and under the conditions of, clauses ( A ) and ( C ) of paragraph ( 1 ) as a means of auditing the operation of the system.\n\n( B ) With respect to this subsection, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. If a third party outside the educational agency or institution permits access to information in violation of paragraph ( 2 ) ( A ), or fails to destroy information in violation of paragraph ( 1 ) ( F ), the educational agency or institution shall be prohibited from permitting access to information from education records to that third party for a period of not less than five years.\n\n( 5 ) Nothing in this section shall be construed to prohibit State and local educational officials from having access to student or other records which may be necessary in connection with the audit and evaluation of any federally or State supported education program or in connection with the enforcement of the Federal legal requirements which relate to any such program, subject to the conditions specified in the proviso in paragraph ( 3 ).\n\n( 6 ) ( A ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing, to an alleged victim of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible sex offense, the final results of any disciplinary proceeding conducted by such institution against the alleged perpetrator of such crime or offense with respect to such crime or offense.\n\n( B ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing the final results of any disciplinary proceeding conducted by such institution against a student who is an alleged perpetrator of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible sex offense, if the institution determines as a result of that disciplinary proceeding that the student committed a violation of the institutions rules or policies with respect to such crime or offense.\n\n( C ) For the purpose of this paragraph, the final results of any disciplinary proceeding ( i ) shall include only the name of the student, the violation committed, and any sanction imposed by the institution on that student; and ( ii ) may include the name of any other student, such as a victim or witness, only with the written consent of that other student.\n\n( 7 ) ( A ) Nothing in this section may be construed to prohibit an educational institution from disclosing information provided to the institution under section 14071 [ 2 ] of title 42 concerning registered sex offenders who are required to register under such section.\n\n( B ) The Secretary shall take appropriate steps to notify educational institutions that disclosure of information described in subparagraph ( A ) is permitted. \n( c ) Surveys or data-gathering activities ; regulations Not later than 240 days after XX/XX/XXXX, the Secretary shall adopt appropriate regulations or procedures, or identify existing regulations or procedures, which protect the rights of privacy of students and their families in connection with any surveys or data-gathering activities conducted, assisted, or authorized by the Secretary or an administrative head of an education agency. Regulations established under this subsection shall include provisions controlling the use, dissemination, and protection of such data. No survey or data-gathering activities shall be conducted by the Secretary, or an administrative head of an education agency under an applicable program, unless such activities are authorized by law. \n\n( d ) Students rather than parents permission or consent For the purposes of this section, whenever a student has attained eighteen years of age, or is attending an institution of postsecondary education, the permission or consent required of and the rights accorded to the parents of the student shall thereafter only be required of and accorded to the student.\n\n( e ) Informing parents or students of rights under this section No funds shall be made available under any applicable program to any educational agency or institution unless such agency or institution effectively informs the parents of students, or the students, if they are eighteen years of age or older, or are attending an institution of postsecondary education, of the rights accorded them by this section. \n\n( f ) Enforcement ; termination of assistance The Secretary shall take appropriate actions to enforce this section and to deal with violations of this section, in accordance with this chapter, except that action to terminate assistance may be taken only if the Secretary finds there has been a failure to comply with this section, and he has determined that compliance can not be secured by voluntary means.\n\n( g ) Office and review board ; creation ; functions The Secretary shall establish or designate an office and review board within the Department for the purpose of investigating, processing, reviewing, and adjudicating violations of this section and complaints which may be filed concerning alleged violations of this section. Except for the conduct of hearings, none of the functions of the Secretary under this section shall be carried out in any of the regional offices of such Department.\n\n( h ) Disciplinary records ; disclosure Nothing in this section shall prohibit an educational agency or institution from ( 1 ) including appropriate information in the education record of any student concerning disciplinary action taken against such student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community ; or ( 2 ) disclosing such information to teachers and school officials, including teachers and school officials in other schools, who have legitimate educational interests in the behavior of the student. \n( i ) Drug and alcohol violation disclosures ( 1 ) In general Nothing in this Act or the Higher Education Act of 1965 [ 20 U.S.C. 1001 et seq. ] shall be construed to prohibit an institution of higher education from disclosing, to a parent or legal guardian of a student, information regarding any violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the students education records, if ( A ) the student is under the age of 21 ; and ( B ) the institution determines that the student has committed a disciplinary violation with respect to such use or possession.\n\n( 2 ) State law regarding disclosure Nothing in paragraph ( 1 ) shall be construed to supersede any provision of State law that prohibits an institution of higher education from making the disclosure described in subsection ( a ).\n\n( j ) Investigation and prosecution of terrorism ( 1 ) In general Notwithstanding subsections ( a ) through ( i ) or any provision of State law, the Attorney General ( or any Federal officer or employee, in a position not lower than an Assistant Attorney General, designated by the Attorney General ) may submit a written application to a court of competent jurisdiction for an ex parte order requiring an educational agency or institution to permit the Attorney General ( or his designee ) to ( A ) collect education records in the possession of the educational agency or institution that are relevant to an authorized investigation or prosecution of an offense listed in section 2332b ( g ) ( 5 ) ( B ) of title 18, or an act of domestic or international terrorism as defined in section 2331 of that title ; and ( B ) for official purposes related to the investigation or prosecution of an offense described in paragraph ( 1 ) ( A ), retain, disseminate, and use ( including as evidence at trial or in other administrative or judicial proceedings ) such records, consistent with such guidelines as the Attorney General, after consultation with the Secretary, shall issue to protect confidentiality.\n\n( 2 ) Application and approval ( A ) In general.\n\nAn application under paragraph ( 1 ) shall certify that there are specific and articulable facts giving reason to believe that the education records are likely to contain information described in paragraph ( 1 ) ( A ).\n\n( B ) The court shall issue an order described in paragraph ( 1 ) if the court finds that the application for the order includes the certification described in subparagraph ( A ).\n\n( 3 ) Protection of educational agency or institution An educational agency or institution that, in good faith, produces education records in accordance with an order issued under this subsection shall not be liable to any person for that production.\n\n( 4 ) Record-keeping Subsection ( b ) ( 4 ) does not apply to education records subject to a court order under this subsection.\n\n162.6 Reasonable opportunity to opt out.\n\n( a ) In general. A covered affiliate must not use eligibility information about a consumer that the covered affiliate receives from an affiliate to make a solicitation to such consumer about the covered affiliate 's financial products or services, unless the consumer is provided a reasonable opportunity to opt out, as required by this subpart.\n\n( b ) Examples. A reasonable opportunity to opt out under this subpart is : ( 1 ) If the opt-out notice is mailed to the consumer, the consumer has 30 days from the date the notice is mailed to opt out.\n\n( 2 ) If the opt-out notice is sent via electronic means to the consumer, the consumer has 30 days from the date the consumer acknowledges receipt to elect to opt out by any reasonable method.\n\n( 3 ) If the opt-out notice is sent via e-mail ( where the consumer has agreed to receive disclosures by e-mail ), the consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable method.\n\n( 4 ) If the opt-out notice provided to the consumer at the time of an electronic transaction, the consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction.\n\n( 5 ) If the opt-out notice is provided during an in-person transaction, the consumer is required to decide, as a necessary part of completing the transaction, whether to opt out through a simple process.\n\n( 6 ) If the opt-out notice is provided in conjunction with other privacy notices required by law, the consumer is allowed to exercise the opt-out election within a reasonable period of time and in the same manner as the opt out under that privacy notice.","date_sent_to_company":"2023-08-07T04:33:50.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"7358107","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Nelnet, Inc.","date_received":"2023-08-07T04:33:42.000Z","state":"TX","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["( 6 ) For the purposes of this section, the term student <em>includes</em> any person with respect to whom an educational agency or institution maintains education records or personally identifiable information, but does not <em>include</em> a person who has not been in attendance at such agency or institution."]},"sort":[7.2414813,"7358107"]},{"_index":"complaint-public-v1","_id":"2471539","_score":7.2319455,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"TO : Equifax Credit Reports By Delivery via  US  Mail Only : Equifa x Cre  dit Information Services , Inc. ,  XXXX   XXXX   XXXX ,  XXXX , GA  XXXX  by Phone :  XXXX  -  XXXX  -  XXXX  -  XXXX   XXXX  Credit Reports By Delivery via  US  Mail Only :   XXXX   XXXX   XXXX   XXXX      XXXX   XXXX   XXXX   XXXX  , TX  XXXX   XXXX   XXXX .  XXXX   XXXX   XXXX , PA  XXXX   XXXX   XXXX   XXXX .   ALLEGED ACCOUNT #  XXXX   XXXX   XXXX  Alleged Account #  XXXX  ALLEGED ACCOUNT #  XXXX   XXXX   XXXX  Alleged Account #  XXXX   XXXX   XXXX   XXXX   XXXX  Incorrect information on credit report Equifax  XX/XX/XXXX  Open Sent to company  XXXX   XXXX   XXXX   XXXX  Other ( i.e. phone, health club, etc. ) Disclosure verification of debt   XXXX    XXXX   XXXX   XX/XX/XXXX  Open Submitted to the CFPB CC :  XXXX   XXXX , Florida State Attorney General ( with enclosure ) Federal Trade commission ( with enclosure ) News  XXXX   XXXX  ( with enclosure ) Consumer Protection  Financial Bureau : To Whom It May  Concern : Equifax,   XXXX    And  XXXX  Refuse To Allow Me To Purchase Home. These Companies Are Denying Me This Right By Refusing To Remove Outdated And Inaccurate Information On My Credit Report. Currently Equifax,  XXXX  Are Being Fined   XXXX     XXXX  For Misrepresenting Credit Products After thoroughly researching this matter, it is obvious to me that I do not owe what you firm claim I owe. In fact, I emphatically dispute this alleged debt. As I am aware of my right under the Fair Debt Collection Act ( hereinafter FDCPA ) as well as Florida law on the subject of debt collection, not only do I dispute the validity of this debt, but by copy this letter to the Florida State Attorney General. I hereby request that its good office verify the statute of limitations for enforcing this type of debt through the courts of the  State  of Florida, in fact expired. Should you decide to pursue this matter in a court of competent jurisdiction within the State of Florida or otherwise. I fully intend to inform such court of my dispute as well as presumed finding by the State of Florida Attorney General that its statute of limitation has indeed, expired. According to the information given to us by your firm, the date of last activity by the original creditor wa s  XXXX . Th e  State  of Limitations on this alleged debt, even should it be ours, is  Federal  statute allows for a creditor to sue up to 7 years after the last payment was made. However, Florida law reduces that time to 5 years for a written contract or promissory note and 4 years for an oral contract or open-ended contract/note ssince the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt.     I am sure you are aware of the provisions in the Fair Debt Collection Practices Act  ( FDCPA ).  However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus. The exact statute : Please let this serve as formal notification that I consider this matter permanently and forever closed and I hereby demand that your firm or any of its affiliates immediate cease and desist from any further contact with me regarding this matter except that I demand from your firm confirm with me, in writing, that your debt collection in reference in the above matter have been immediately terminated or that you or the creditor are taking specific actions permitted by the FDCPA or pursuant to Florida State law. Please be advised that I will consider any further contact of any kind from your firm or its affiliates ( except as to the above mentioned confirmation by your firm that the referenced matter is close d ) t o be in direct violation of the FDCPA, and that any such further contact from your firm or its affiliates will also be considered a violation of the laws of the State of Florida pursuant to debt collection. As such, please be further advised that any future communication ( whether written, oral, electronic or otherwise ) by your firm or its affiliates will in fact be reported toe State of Florida Attorney General and the Federal Trade Commission. As I am sure you are aware, violation of the FDCPA  may  result in among other things your firm being fined up to {$1000.00} per incident.     After thoroughly researching this matter, it is obvious to me that I do not owe what you firm claim I owe. In fact, I emphatically dispute this alleged \" debt ''. As I am aware of my right under the Fair Debt Collection Act ( hereinafter \" FDCPA '' ) as well as Florida law on the subject of debt collection, not only do I dispute the validity of this debt, but by copy this letter to the Florida State Attorney General. I hereby request that its good office verify the statute of limitations for enforcing this type of debt through the courts of the  State  of Florida, in fact expired. Should you decide to pursue this matter in a court of competent jurisdiction within the State of Florida or otherwise. I fully intend to inform such court of my dispute as well as presumed finding by the State of Florida Attorney General that its statute of limitation has indeed, expired. According to the information given to us by your firm, the date of last activity by the original creditor was  XXXX . The State of Limitations on this alleged debt, even should it be ours, is Federal statute allows for a creditor to sue up to 7 years after the last payment was made. However, Florida law reduces that time to 5 years for a written contract or promissory note and 4 years for an oral contract or open-ended contract/note since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt.     Please be guided accordingly, Florida Statutes  95.11Limitations  other than for the recovery of real property.Actions other than for recovery of real property shall be commenced as follows  [ 15 USC 1692e ] ( 2  ) The false representation of -- ( A ) The legal status of the alleged debt And ( B ) Any services rendered or compensation, which may be lawfully received by any debt collector for the collection of a debt.   I am also doubtful that you would have adequate documentation to prove in court that you have the right to report this negative information on my credit report, and therefore you are in violation of the Fair Credit Reporting Act as well as the FDCPA. However, I will give you the chance to prove that you are lawfully entitled to report this information by requesting an investigation.   Under the FDCPA, I am also invoking my right to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activities.   Please remove this account immediately from my credit report or I will have to take legal remedies, which may include lawsuits, and notifying our state attorney general is office. In addition, I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a {$1000.00} fine, payable to me.   Sincerely, SECTION  11 L imitations other than for the recovery of real property.    95.11Limitations ot her than for the recovery of real property.Actions other than for recovery of real property shall be commenced as follows :  ( 1 )  WITHIN TWENTY YEARS.an action on a judgment or decree of a court of record in this state.   (  2 ) WITHIN FIVE  YEARS.   ( a ) An action on a judgment or decree of any court, not of record, of this state or any court of the United States, any other state or territory in the United States, or a foreign country.    (  b ) A legal or equitable action on a contract, obligation, or liability founded on a written instrument, except for an action to enforce a claim against a payment bond, which shall be governed by the applicable provisions of ss . 255.05 ( 10 ) and 713.23 ( 1 ) ( e ).     ( c ) An actio n to foreclose a mortgage.   ( d ) An action alleging a willful violation of s.  448.110.     ( 3 ) WITHIN FOUR YE ARS.   ( a ) An action founded on negligence.    ( b ) An  action relating to the determination of paternity, with the time running from the date the child reaches the age of majority.    ( c ) An acti on founded on the design, planning, or construction of an improvement to real property, with the time running from the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered  architect,   or licensed  contractor and his  or her employer, whichever date is latest ; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence. In any event, the action must be commenced within 10 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest.   ( d ) An action to recover public money or property held by a public officer or employee, or former public officer or employee, and obtained during, or because of, his or her public office or employment.    (   e ) An ac tion for injury to a person founded on the design, manufacture, distribution, or sale of personal property that is not permanently incorporated in an improvement to real property, including fixtures.   ( f ) An action founded on a statutory liability.    ( G ) An ac tion for trespass on real property.    ( H ) An  action for taking, detaining, or injuring personal property.    ( I ) a n action to recover specific personal property.   ( j ) A legal or equitable action founded on fraud.    ( k  ) A legal or equitable action on a contract, obligation, or liability not founded on a written instrument, including an action for the sale and delivery of goods, wares, and merchandise, and on store accounts.    ( L ) An  action to rescind a contract.    ( m ) An  action for money paid to any governmental authority by mistake or inadvertence.    ( n ) An  action for a statutory penalty or forfeiture.    ( o ) An  action for assault, battery, false arrest, malicious prosecution, malicious interference, false imprisonment, or any other intentional tort, except as provided in subsections  ( 4 ), ( 5 ) , and (  7 ).    ( p  )  Any action not specifically provided for in these statutes.   ( q ) An action alleging a violation, other than a willful violation, of s.  448.110.     ( 4  ) WITHIN  TWO  YEARS.   ( a ) An action for professional malpractice, other than medical malpractice, whether founded on contract or tort ; provided that the period of limitations shall run from the time the cause of action is discovered or should have been discovered with the exercise of due diligence. However, the limitation of actions herein for professional malpractice shall be limited to persons in privity with the professional.    ( b ) An  action for medical malpractice shall be commenced within 2 years from the time the incident giving rise to the action occurred or within 2 years from the time the incident is discovered, or should have been discovered with the exercise of due diligence ; however, in no event shall the action be commenced later than 4 years from the date of the incident or occurrence out of which the cause of action accrued, except that this  4-year p eriod shall not bar an action brought on behalf of a minor on or before the childs   XXXX    birthday. An action for medical malpractice is defined as a claim in tort or in contract for damages because of the  death, inju ry, or monetary loss to any person arising out of any medical, dental, or surgical diagnosis, treatment, or care by any provider of health care. The limitation of actions within this subsection shall be limited to the health care provider and persons in privity with the provider of health care. In those actions covered by this paragraph in which it can be shown that fraud, concealment, or intentional misrepresentation of fact prevented the discovery of the injury the period of limitations is extended forward 2 years from the time that the injury is discovered or should have been discovered with the exercise of due diligence, but in no event to exceed 7 years from the date the incident giving rise to the injury occurred, except that t his 7-year  period shall not bar an action brought on behalf of a minor on or before the child s  XXXX  birthd ay. This paragraph shall not apply to actions for which s s. 766.301-766.316 pr ovide the exclusive remedy.    ( c ) An a ction to recover wages, overtime, damages, or penalties concerning payment of wages and overtime.    ( D ) An a ction for wrongful death.    ( e ) An ac tion founded upon a violation of any provision of chapter  517,  with the period running from the time the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence, but not more than 5 years from the date such violation occurred.   ( f ) An action for personal injury caused by contact with or exposure to phenoxy herbicides while serving either as a civilian or as a member of th e Armed Forces of the  United States during the period    XX/XX/XXXX   , through   XX/XX/XXXX   ; the period of limitations shall run from the time the cause of action is discovered or should have been discovered with the exercise of due diligence.    ( G   ) An  action for libel or slander.    ( 5 ) WITHIN ONE  YEAR.   ( a ) An action for specific performance of a contract.    ( B ) An  action to enforce an equitable lien arising from the furnishing of labor, services, or material for the improvement of real property.    ( c ) An  action to enforce rights under the  Uniform Commercial CodeLetters o f  Credit, chapter 675.    ( d ) An action against any guaranty association and its insured, with the period running from the date of the deadline for filing claims in the order of liquidation.    ( e )  An action to enforce any claim against a payment bond on which the principal is a contractor, subcontractor, or sub-subcontractor as defined in s.  713.01, for pr ivate work as well as public work, from the last furnishing of labor, services, or materials or from the last furnishing of labor, services, or materials by the  contractor if the contractor is the p rincipal on a bond on the same construction project, whichever is later.   ( f ) Except for actions described in subsection (  8 ),  a petition for extraordinary writ, other than a petition challenging a criminal conviction, filed by or on behalf of a prisoner as defined in s.  57.085.    ( g ) Except for actions described in subsection ( 8 ), an action brought by or on behalf of a prisoner, as defined in s.  57.085,   relating to the conditions of the prisoners confinement.    ( 6 )  LACHES.Laches shall bar any action unless it is commenced within the time provided for legal actions concerning the same subject matter regardless of lack of knowledge by the person sought to be held liable that the person alleging liability would assert his or her rights and whether the person sought to be held liable is injured or prejudiced by the delay. This subsection shall not affect application of laches at an earlier time in accordance with law.    ( 7 ) F OR INTENTIONAL TORTS BASED ON  ABUSE.An a ction founded on alleged abuse, as defined in  s. 39.01, s. 415.102, or s. 984.03, or incest, as defined in s. 826.04, may  be commenced at any time within 7 years after the age of majority, or within 4 years after the injured person leaves the dependency of the abuser, or within 4 years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the abuse, whichever occurs later.    ( 8  ) WITHIN 30 DAYS FOR ACTIONS CHALLENGING CORRECTIONAL DISCIPLINARY PROCEEDINGS.Any court action challenging prisoner disciplinary proceedings conducted by the Departmen t of Corrections  pursuant t o s. 944.28 ( 2 )  must be commenced within 30 days after final disposition of the prisoner disciplinary proceedings through the administrative grievance process under chapter  XXXX , Florida Administrative Code. Any action challenging prisoner disciplinary proceedings shall be barred by the court unless it is commenced within the time period provided by this section.    ( 9  )  XXXX   XXXX  OFFENSES ON VICTIMS UNDER AGE   XXXX .An  action related to an act constituting a violation o f s. 794.011  involving a victim who was under the age of  XXXX  at the time of the act  may  be commenced at any time. This subsection applies to any such action other than  one  which would have been time barred on or before    XX/XX/XXXX .      1 ( 10 )  FOR INTENTIONAL TORTS RESULTING IN  DEATH   FROM ACTS DESCRIBED IN  S.   782.04 OR S. 782.07.Notwithstanding paragraph ( 4 ) ( d ), an action for wrongful death seeking d amages authorized und er s. 768.21 br ought against a natural person for an intentional tort resulting in  death   from acts described in  s. 782.04 or s. 782.07 may b e commenced at any time. This subsection shall not be construed to require an arrest, the filing of formal criminal charges, or a conviction for a violation of s . 782.04 or s. 782.07 a s a condition for filing a civil action.     History.s . 10, ch. 1869, 1872 ; s. 1, ch. 3900, 1889 ; RS 1294 ; GS 1725 ; s. 10, ch. 7838, 1919 ; RGS 2939 ; CGL 4663 ; s. 1, ch. 21892, 1943 ; s. 7, ch. 24337, 1947 ; s. 24, ch. 57-1 ; s. 1, ch. 59-188 ; s. 1, ch. 67-284 ; s. 1, ch. 71-254 ; s. 30, ch. 73-333 ; s. 7, ch. 74-382 ; s. 7, ch. 75-9 ; s. 1, ch. 77-174 ; s. 11, ch. 78-435 ; s. 1, ch. 80-322 ; s. 34, ch. 83-38 ; s. 1, ch. 84-13 ; s. 1, ch. 85-63 ; s. 139, ch. 86-220 ; s. 1, ch. 86-231 ; s. 1, ch. 86-272 ; s. 1, ch. 88-397 ; s. 20, ch. 90-109 ; s. 1, ch. 92-102 ; s. 520, ch. 95-147 ; s. 2, ch. 95-283 ; s. 4, ch. 96-106 ; s. 1, ch. 96-167 ; s. 15, ch. 98-280 ; s. 2, ch. 99-5 ; s. 12, ch. 99-137 ; s. 2, ch. 2001-211 ; s. 15, ch. 2005-230 ; s. 1, ch. 2005-353 ; s. 1, ch. 2006-145 ; s. 2, ch. 2010-45 ; s. 1, ch. 2010-54.     1Note.Section 3, ch. 2010-45, provides that [ t ] he amendment to section 95.11, Florida Statutes, by this ac t applies to any claim that is not otherwise time barred on the effective date of this act.","date_sent_to_company":"2017-05-01T15:13:46.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"32210","tags":null,"has_narrative":true,"complaint_id":"2471539","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2017-05-01T14:43:22.000Z","state":"FL","company_public_response":null,"sub_issue":"Account status incorrect"},"highlight":{"complaint_what_happened":["Please remove this account immediately from my credit report or I will have to take legal remedies, which may <em>include</em> lawsuits, and notifying our state attorney general is office. In addition, I am sure your legal staff will agree that non-<em>compliance</em> with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a {$1000.00} fine, payable to me."]},"sort":[7.2319455,"2471539"]},{"_index":"complaint-public-v1","_id":"8576967","_score":6.410298,"_source":{"product":"Credit card","complaint_what_happened":"The Consumer Financial Protection Bureau (CFPB)\n\nComplaint ID #2XXXX\n\nOriginally submitted on XXXX XXXX XXXX, as a Federal Reserve banking services credit card product issue, the problem stated as a purchase shown on my account statement, filed against XXXX XXXX, has been formally withdrawn, given better understanding of the Federal regulatory divisions.  \n\nSo for clarity, this complaint is intended against XXXX XXXX, XXXX XXXX XXXX XXXX and its credit card subsidiaries for violations of the legacy and recently issued customer compliance outlook dated XXXX.\n\nThe Federal Reserve consumer protection and community development to help ensure a fair and transparent financial services marketplace that benefits all Americans.\n\nFairness and transparency  along with consistency  are guiding principles that inform my perspective on bank supervision and regulation. \n\nTogether, these three elements help to ensure that the supervisory expectations are clear and, in doing so, encourage open communication between banks and supervisors. \n\nAs the Consumer Compliance Outlook (CCO) furthers these goals by providing financial institutions, compliance professionals, and the public with information about compliance with the laws and regulations that protect consumers and support investments in communities.\n\nId share that as the control documents fall into an ever-growing directory of regulations, laws, and advisories, its increasingly difficult for consumers to point to a single control document to gain the banks support staff attention i.e., REG E, once stop the process and guided prescribed steps required, without such assistance its often difficult to expedite consumer concerns.\n\nAmerican Consumers and lawmakers have repeatedly called for common-sense oversight surrounding personal financial data that gives consumers more control.\n\nTowards that end, there needs to be a restriction on what and how financial data can be bought and sold with, by, and through Big Tech firms as they morph into payment giants, demanding restrictive actions and oversight of peer organizations.\n\nIf tech names can show connective on financial transaction, its intimidation of consumers, intended or not, is seemingly insurmountable. So, if you go to the bank and are then returned to the culprit, where do you go for assistance?\n\nAlthough my complaint requires filing with both CFPB and FTC, its difficult to explain the issue without referencing both and correctly the U.S. financial institutions credit card issuers in these complaints the language may vary, however the results convey and enforce uniformly the same.\n\nU.S. Banks will not accept formal filings of complaint against XXXX XXXXXXXX., and thus, no consumer dispute calendar is ever engaged. \n\nAnd recently, just confirming those facts I found can generate a new series of actions by XXXX  about consumer identity and/or financially related inquiries, although a consumer has a known relationship with XXXX.\n\nIt sounds as if the banks refer consumer into XXXX, but the banks support and service personnel advise,   its difficult to contact XXXX by phone (but, easier than the standard long convoluted online client assistance offered by XXXX as a standard service method) so, expect long wait times, and please avoid Mondays under all circumstances. \n\nI wont call names but, one service representative, told the bank didnt accept disputes because all issues involving XXXX had to have XXXX  approval to resolve and only after insisting she offered an alternative.\n\nThe Banks representative asked me to hold. She stated,   however when I return dont refer to me, just explain the circumstances to XXXX, Ill listen silently and when the Apple rep. agrees and disconnects remain on the line and Ill return to insure a credit is issued. \n\nTraditionally, however, the banks representatives simply state questions related to XXXX credits and charges are exclusively handled by XXXX.\n\nThere is one exception, specific to XXXX XXXX deservant of special note, which was a back office engagement.\n\nIn the XXXX XXXX XXXX, on three separate and distinct dates, the Banks automation kicked-off the following advice:\n\nPlease let us know if you or an authorized user recognize the purchase below. The sooner we hear from you, the sooner we can help protect your account from unauthorized purchases.\n\nOn all three (3) the merchant, XXXX for XXXX, each had received an automated DECLINE, the electronic notice further stated.\n\nIf you respond yes, declined transactions will stay declinedAfter responding, try your card again.\n\nI received the same notice on XXXX XXXX and on XXXX XXXX XXXX, at which time I called the Bank to inquiry why Id started receiving these notices. I, like many, dont always use the same card from purchase to purchase or month to month.\n\nBut, I didnt realize these notices were connected to the Banks systematic authorization application and would generate auto-declines on any purchase in the future anytime the card was used and without explanation.\n\nIt was a holiday weekend, as I recall, so it would have been  Wednesday, XXXX XXXX XXXX, when I spoke to a Bank customer service representative, who asked for patience as she transferred the call. \n\nThe authorization rep., wasnt as I recall being in the least concerned for my understanding, which was usual but, it was clear the authorization rep., needed and was going to clear the decline against XXXX at all cost.\n\nWhat made it especially memorable was the fact, he advised the card would stop every time used until the decline was lifted and when I asked why he advised it was the fact the card had a decline for a charge against XXXX? \n\nThe comment, the authorization issue, was so bothersome. I stated it would not be acceptable, and Id need a name and what policy of XXXX XXXX this decision was tied to?\n\nThat was the first time he began searching for work around-s but it was the first time he advised hed insure the card continued to operate.\n\nI can only assume he re-instated or removed it all together because wed agreed Id reach out to advise but, when I researched the one item, it lead to another and quickly became overwhelming.\n\nI cant imagine what a senior or young college-age-consumer or anyone working outside the home could do to manage through the process and maintain employment, or a reasonable family-life or a life, period.\n\nWith no assistance from the Bank I attempted to complete a forensic audit and recap of the credit cards transactions held with XXXX XXXX alone, for XXXX:\n\nLet me walk you through just one of many transactions with one credit card processor.\n\nXXXX, XXXX bills my XXXX account twice once for Cloud storage and the second a music subscription.\n\nXXXX RECONCILIATION DOC: of XXXX billing shows both a Music Subscription and Cloud storage charge dated XXXX and XXXX.\n\nREMEMBER XXXX XXXX automated system reports a serial of transaction requiring authorization and in discussion with their authorization support member, basically its agree or every future authorization with be, declined and, the advice offered is I have number to offer for assistance but, staffing is limited (notifications dated XXXX XXXX and XXXX).\n\nMost importantly, no documentation is kicked off or documented and/or disclosures generated.\n\nXXXX SUPPORT is online only, so the consumer is required to figure out the description successfully to get to the end-result. \n\nIf youre unsuccessful, you can ask a chat-bot which offers the same details in an endless loop with no live support available so, can anyone see how this meets the ADA requirements or timelessness standards?\n\nXXXX, XXXX also bills XXXX XXXX account XXXX, for Music Services and a separate generated billing and statement (attached)\n\nXXXX, 1XXXX XXXX  bills XXXX XXXX account XXXX# titled BILL CA.\n\nXXXX, XXXX bills XXXX XXXX account XXXX# traditionally Music storage charge.\n\nXXXX, XXXX bills XXXX XXXX account XXXX# traditionally Music storage charge.\n\nXXXX XXXX bill XXXX XXXX account XXXX# traditionally Music storage charge.\n\nXXXX XXXX bills XXXX XXXX account XXXX# traditionally Music storage charge.\n\nXXXX XXXX bills XXXX XXXX account XXXX# traditionally Music storage charge.\n\nXXXX XXXX XXXX bills XXXX XXXX account XXXX# traditionally TV service.\n\nXXXX XXXX bills XXXX XXXX account XXXX# traditionally Music storage charge.\n\nXXXX XXXX accounts once, re-numbered, not continue to report or display so, you need bank assistance to determine long-term damage and access. \n\nAnd whether inadvertent or intentional, the scope and manner of XXXX actions and provide warning of how easily monopolist organizations set-up shop undetected before the American people. \n\nId also add, until this XXXX, Ive never requested access to Music or TV and have never used either, although the XXXX APPS are available but, Ive never downloaded the TV APP. \n\nOne critical point who buys a service which is never used, or the required app to use the service, is never downloaded in a closed loop environment is impossible to use without XXXX authorization.\n\nStorage has been previously sold to XXXX and has now returned to XXXX but, many times at the point of opening, the photo files it holds  immediately degrade until unusable. \n\nEach of these entities (XXXX and XXXX) having platform interest, storage i.e., one picture generations additional opportunities, to edit one generating two files of storage, each picture edit standalone into multiple files driving up storage expenses consumers may or may not be aware, extra document review generates a new file, etc. , thus device, and related entities.\n\nLet alone temporary files, which are maintained without many times consumer awareness so, files only useful to the big 3 or 4 generate endless storage opportunities and up-charges and billings, etc.\n\nXXXX recently began demanding privacy issues of responsibilities and assuming ownership over the phone producer. \n\nSo is the seller the owner, or the manufacturer if XXXX or XXXX, etc., the producer or does every owner thereafter become the privacy owner, selling, and enabled to start new relationships, etc., so where do consumers reclaim privacy data exposed?\n\nAnd since XXXX isnt a traditional entrant, why do they have an interest in your data other than to sell financial materials to others but, clearly these actions set the ground-work of determinations of unwinding products and services unconsidered.\n\nBohemian corporations like XXXX, seem to express and engage in cooperative relationships with peer organizations to pierce traditional oversight measures which weve observed in the U.K. i.e., XXXX accused of destroying sellers by withholding money in so-called, reserve accounts structures. XXXX payment policy states the reasons for putting money on hold include a sudden increase in sales, a shop having only made its first sale recently, the shop committing a policy violation or other risk factors.\n\nSome sellers told the XXXX that two reserve periods were imposed on them consecutively, said XXXX XXXX, XXXX Business reporter, headline XXXX accused of destroying sellers by withholding money, published XXXX XXXX XXXX.\n\nBut, theres a much larger issue which never consolidated by oversight there are direct sub-sets all tied to financial transactions and services which combined directly disadvantage not only small businesses but, consumers who are easily overwhelmed not only by the direct correlation but, all the associated and unseen correlations, continues XXXX.\n\nXXXX is an online marketplace that allows independent sellers to set up their own shop. It specialises in bespoke items, handicrafts or things not usually available in High Street shops.\n\nXXXX XXXX. is a US-based company which trades its shares on the XXXX XXXX XXXX in New York, where it listed its stock in XXXX. XXXX shares currently trading at XXXX each - a far cry from an all-time high of XXXX during the Covid pandemic in XXXX.\n\nIts biggest shareholders are major financial institutions such as XXXX XXXX XXXX and XXXX XXXX.\n\nThe company is led by chief executive XXXX XXXX who has worked at an eclectic mix of businesses such as online auction site XXXX, the internet chat firm XXXX and XXXX XXXXXXXX. He has been chief executive since XXXX.\n\nIt was originally founded in XXXX by XXXX XXXX, XXXX XXXX XXXX XXXX and XXXX XXXX who started the business from XXXX XXXX Brooklyn apartment. None of them remain with the firm.\n\nThe CFPB must advance quickly plans to begin the tactical widening issues  of rule-making that would subject XXXX XXXX XXXX and others to supervision as it examines how companies monetize data that and continues an unfair assault on consumers.\n\nAnd even with items highlighted the list unseen considerations continues consumers and small business are assaults daily including, independent Internet companies affect anyone as consumers are tracked online through XXXX and other browsers, given the ability without oversight to freely, come and go-to browser comes through search engine the playground of the Big 3 or 4 i.e., XXXX, etc. with each browser uniquely given comprehensive privacy protection and controls but, in protection of whos interest?\n\nTens of millions of consumer are or arent  protected not at their behest everyday online activities, searching browsers, email, on the unlimited platforms of XXXX XXXX XXXX, and XXXX\n\nBut, whats clear, American CORPs have increasingly jumped the moon and time is ticking, and not on the side of U.S. consumers. \n\nHow XXXX has accessed and kept up-to-date posting against numerous MasterCard/VISA account numbers, sometime able to access closed accounts which have been closed for fraud activities.\n\nReporting any fraud generally receives no follow-up most consumers would state but, an account closure, new card and account generated. \n\nAny unauthorized transactions until recently, when I found multiple transactions from a Tech Giant, which were reversed over months and no other action taken.\n\nIt also points out the varieties methods for MasterCard/VISA accounts are recorded and records-kept by banks, some disappear such as XXXX XXXX systemically goes through and removes accounts so, how does a client further identify all activity and does the FED have any accounting standard?\n\nAnd from a safety and liability stand-point how many accounts are reconciled by a certified public auditing and accounting corporation perspective?\n\nAnd if XXXX is off the reservation, how does such measurement impact bank stability overall today and into the future?\n\nXXXX will pay XXXX to resolve harassment charges after top executives sent live spiders and cockroaches to two bloggers who wrote critical articles about the company.\n\nSenior staff at the US tech firm launched a petrifying harassment campaign against XXXX  and XXXX XXXX, a couple from Massachusetts who run the e-commerce Bytes blog.\n\nToday its impossible to say what wont be done in the steeple decline of civility, during COVID-19 and the housing crisis who didnt financial services CEO, swearing at American consumers and stockholders?\n\nExecutives were upset with some of the coverage on the blog and said the writers had to be burned down.\n\nBesides a box of live spiders and cockroaches, the couple was sent a funeral wreath, a bloody pig mask, and a book about surviving the loss of a spouse.\n\nIna Steiner received bizarre and sometimes threatening messages on Twitter purportedly from groups such as an irritable bowel syndrome patient support group and the Communist Party of the United States.\n\nThe pairs home address was also posted online alongside invitations for strangers to attend sexual encounters, yard sales and parties, while the employees made plans to break into their garage and place a GPS tracker in their car.\n\nThe XXXX said the harassment had a damaging and permanent impact, on them emotionally, psychologically, physically, reputationally, and financially.\n\nOver three years after the employees were prosecuted, the US Justice Department has now charged XXXX with stalking, witness tampering and obstruction of justice, said XXXX XXXX of the Telegraph under the headline, XXXX ordered to pay couple XXXX after senior executives sent bloody pig mask and live cockroaches, published XXXX XXXX XXXX\n\nXXXX XXXX  acting as Massachusetts US Attorney, said: XXXX engaged in absolutely horrific, criminal conduct.The companys employees and contractors involved in this campaign put the victims through pure hell, in a petrifying campaign aimed at silencing their reporting and protecting the XXXX brand.\n\nThe need for stronger, sustained and long-term oversight is clear and each case filed takes the marketplace further and further down the rabbits hole but, neither commitment nor oversight shows true interest in resolving such acts, if it were so, the record would show success but, it doesnt because neither institution public nor private is focused on the American peoples interest to the financial services great demise.      \n\nThus when I advise it appears XXXX has access to credit card numbers and account unrestricted and even further credit reporting agencies, all form a web-connection with concern, add to the team MasterCard, Visa who are exclusive unrestricted parties and American consumer are basically unprotected victims awaiting further victimization in a pool of sharks.\n\nIt may not seem the same but, it is when XXXX bills you repeatedly for the same services and holds hostage any photos or documents refusing to save or hold documents and refining the storage held and doing this while having been paid for the service, shows no controls in place i.e., Your iCloud storage is fullnotifications, actions, dated 1XXXX XXXX, etc. XXXX  shows no controls or correlation, continuing to forward notifications for many devices from one record which appears as its organized to overwhelm clients, taking lazy revenue dollars against the consumer and doubling or tripling revenue, i.e., Your iCloud storage is fullBecause youve exceeded your storage plan, dated XXXX, etc.  \n\nIn addition, XXXX has established direct connection links so, even passing and reviewing monthly transactions generations Thank you for viewing purchase details associated, and sets new parameters which can convey intended or not an implied threat and why does XXXX need a live-connection if this is the same service provided by US banks?\n\nNotifications dated XXXX XXXX\n\nIf nothing else is true, each additional touch conveys exceptional status between U.S. banks, which are regulated with XXXX right, wrong, or indifferent?\n\nIt creates a status intended or not, which is advantageous to XXXX alone and further, oversight and regulatory understanding and complexity safety. \n\nThe most important rule making for the CFPB in XXXX will be the Tech Giants\n\nIn the absence of Congressional actions only the FED-regulators and the U.S. Courts are ability to exercise some controls and corporations and financial services are already heading back to the U.S. Courts to destabilize the marketplace, this only an example of the liability and regulatory environmental landscape, collapsing onto American consumers.\n\nWorse than the conscious destabilizing action are unconscious impacts when corporations extend pressures as the parents seen in the last Congressional hearing with XXXX XXXX, it can become immobilizing to the human psyche. XXXX  walks out feeling put upon but, hes wrong just as financial services, internet service providers and the Federal government are the civilization fails whenever every day for We the People is the story of David and Goliath, Congress plays a continued game as it allows this issues unaddressed to go to the U.S. Courts or become Executive Orders.\n\nIncreasingly, its clear, its not a matter of whos watching the hens house, theyre busy watching from XXXX, CO no longer concerned American consumer will find, discover or take rath but, its foolish to believe your actions are invisible everyones replaceable and theres always one born every minute, even smarter oh and its a presidential election year, as the fryers hearing up on bad behavior.\n\nFinally, as XXXX XXXX, the FED and regulatory bring a new merger for consideration, almost like the XXXX XXXX), which the FED brought forward and ultimately become XXXX XXXX, which continues to bleed consumer confidence and legal actions its clear Justice needs a much larger and better partner than the FED who seems to have lost its oversight expertise.     \n\nIt knows until the law addresses the People intent, its basically waiting for appeal, a second bite at the same issues upon appeal and its wrong, We the People depend on righteousness to prevail, known.\n\nThank you in advance for your guidance and assistance.","date_sent_to_company":"2024-03-19T22:56:46.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"General-purpose credit card or charge card","zip_code":"06066","tags":null,"has_narrative":true,"complaint_id":"8576967","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2024-03-19T21:49:41.000Z","state":"CT","company_public_response":null,"sub_issue":"Card was charged for something you did not purchase with the card"},"highlight":{"complaint_what_happened":["The CFPB <em>must</em> advance quickly <em>plans</em> to begin the tactical widening issues  of rule-making that would subject XXXX XXXX XXXX and others to supervision as it examines how companies monetize data that and continues an unfair assault on consumers."]},"sort":[6.410298,"8576967"]},{"_index":"complaint-public-v1","_id":"8855930","_score":4.8837028,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, XXXX  and Lexisnexis continue to report a bankruptcy that they do not have authorization to report. XXXX, XXXX, and LexisNexis are data furnishers that sell consumers personal information for profit. Neither company has my permission to report this information and federal law requires that they send me an opt out notice every 30 days to give me the option to opt out of my personal information being shared. The only reason each company continues to report this information is because of the profit that each makes which makes the investigation that they keep declaring the information verified biased. Just because they got records from a public domain does not make it accurate or verified. Who did they talk to from the courthouse that stated that this bankruptcy actually was filed by me. 248.124 Reasonable opportunity to opt out. ( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( XXXX ) ( ii ). ( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( XXXX ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means. ( XXXX ) By electronic means. ( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means. ( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means. ( XXXX ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted. ( XXXX ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out. ( XXXX  ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice. ( a ) Definitions.For purposes of this section ( XXXX ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( XXXX ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( XXXX ) the term maintain includes maintain, collect, use, or disseminate ; ( XXXX ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( XXXX ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( XXXX ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( XXXX ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( XXXX ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( XXXX ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( XXXX ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( XXXX ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( XXXX ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ). ( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( XXXX ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( XXXX ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( XXXX ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( XXXX ) to the XXXXomptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( XXXX ) pursuant to the order of a court of competent jurisdiction ; or ( XXXX ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. ( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( XXXX ) retain the accounting made under paragraph ( XXXX ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( XXXX ) except for disclosures made under subsection ( b ) ( XXXX ) of this section, make the accounting made under paragraph ( XXXX ) of this subsection available to the individual named in the record at his request; and ( XXXX ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made. ( d ) Access to Records.Each agency that maintains a system of records shall ( XXXX ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( XXXX ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( XXXX ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( XXXX ) ( A ) of this section ; ( XXXX ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( XXXX ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( XXXX ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding. ( XXXX XXXX Agency Requirements.Each agency that maintains a system of records shall ( XXXX ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( XXXX ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( XXXX ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( XXXX ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( XXXX ) subject to the provisions of paragraph ( XXXX ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( XXXX ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( XXXX ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( XXXX ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( XXXX ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( XXXX ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( XXXX ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( XXXX ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( XXXX ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( XXXX ) at least 30 days prior to publication of information under paragraph ( XXXX ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( XXXX ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision. ( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( XXXX ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( XXXX ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( XXXX ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( XXXX ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( XXXX ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record. The Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( XXXX ) ( XXXX ) of this section in a form available to the public at low cost. ( g ) ( XXXX ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( XXXX ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( XXXX ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection. ( XXXX ) ( A ) In any suit brought under the provisions of subsection ( g ) ( XXXX ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo. ( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. ( XXXX ) ( A ) In any suit brought under the provisions of subsection ( g ) ( XXXX ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action. ( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. ( XXXX ) In any suit brought under the provisions of subsection ( g ) ( XXXX ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of { {$1000.00} } ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court. ( XXXX ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to September 27, 1975. ( h ) Rights of Legal Guardians. For the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual. ( i ) ( 1 ) Criminal Penalties. Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. ( XXXX ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( XXXX ) ( XXXX ) of this section shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. ( XXXX ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. ( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision. At the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section. ( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( XXXX ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( XXXX ) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18 ;","date_sent_to_company":"2024-04-25T10:50:58.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"96706","tags":null,"has_narrative":true,"complaint_id":"8855930","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"LEXISNEXIS","date_received":"2024-04-25T10:50:56.000Z","state":"HI","company_public_response":null,"sub_issue":"Public record information inaccurate"},"highlight":{"complaint_what_happened":["You <em>must</em> not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( XXXX ) ( ii ). ( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( XXXX ) By mail. The opt out notice is mailed to the consumer."]},"sort":[4.8837028,"8855930"]},{"_index":"complaint-public-v1","_id":"8856487","_score":4.8831873,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, exerian and XXXX continue to report a bankruptcy that they do not have authorization to report. experian, XXXX, and XXXX are data furnishers that sell consumers personal information for profit. Neither company has my permission to report this information and federal law requires that they send me an opt out notice every 30 days to give me the option to opt out of my personal information being shared. The only reason each company continues to report this information is because of the profit that each makes which makes the investigation that they keep declaring the information verified biased. Just because they got records from a public domain does not make it accurate or verified. Who did they talk to from the courthouse that stated that this bankruptcy actually was filed by me. 248.124 Reasonable opportunity to opt out. ( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ). ( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( XXXX ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means. ( XXXX ) By electronic means. ( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means. ( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means. ( XXXX ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted. ( XXXX ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out. ( XXXX ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice. ( a ) Definitions.For purposes of this section ( XXXX ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( XXXX ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( XXXX ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( XXXX ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( XXXX ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( 10 ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( XXXX ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( XXXX ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( XXXX ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ). ( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( 7 ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( 8 ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( 9 ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( 10 ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( 11 ) pursuant to the order of a court of competent jurisdiction ; or ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. ( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under paragraph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( 3 ) except for disclosures made under subsection ( b ) ( 7 ) of this section, make the accounting made under paragraph ( 1 ) of this subsection available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made. ( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( 3 ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( 1 ) ( A ) of this section ; ( 4 ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( 3 ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( 5 ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding. ( e ) Agency Requirements.Each agency that maintains a system of records shall ( 1 ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( 2 ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( 3 ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( 4 ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( 4 ) subject to the provisions of paragraph ( 11 ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( E ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( 5 ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( 6 ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( 2 ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( 7 ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( 8 ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( 11 ) at least 30 days prior to publication of information under paragraph ( 4 ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( 12 ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision. ( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( 1 ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( 2 ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( 3 ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( 4 ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( 5 ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record. The Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( e ) ( 4 ) of this section in a form available to the public at low cost. ( g ) ( 1 ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection. ( 2 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo. ( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. ( 3 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action. ( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. ( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of { {$1000.00} } ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court. ( 5 ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to September 27, 1975. ( h ) Rights of Legal Guardians. For the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual. ( i ) ( 1 ) Criminal Penalties. Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. ( 2 ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. ( 3 ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. ( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision. At the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section. ( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( 2 ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 3 ) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18 ;","date_sent_to_company":"2024-04-25T10:50:58.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"96706","tags":null,"has_narrative":true,"complaint_id":"8856487","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-04-25T10:50:56.000Z","state":"HI","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Public record information inaccurate"},"highlight":{"complaint_what_happened":["You <em>must</em> not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ). ( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( XXXX ) By mail. The opt out notice is mailed to the consumer."]},"sort":[4.8831873,"8856487"]},{"_index":"complaint-public-v1","_id":"8856469","_score":4.8596997,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"equifax, XXXX  and XXXX continue to report a bankruptcy that they do not have authorization to report. XXXX, equifax, and XXXX are data furnishers that sell consumers personal information for profit. Neither company has my permission to report this information and federal law requires that they send me an opt out notice every 30 days to give me the option to opt out of my personal information being shared. The only reason each company continues to report this information is because of the profit that each makes which makes the investigation that they keep declaring the information verified biased. Just because they got records from a public domain does not make it accurate or verified. Who did they talk to from the courthouse that stated that this bankruptcy actually was filed by me. 248.124 Reasonable opportunity to opt out. ( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ). ( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( XXXX ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means. ( XXXX ) By electronic means. ( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means. ( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means. ( XXXX ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted. ( XXXX ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out. ( XXXX ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice. ( a ) Definitions.For purposes of this section ( XXXX ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( XXXX ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( XXXX ) the term maintain includes maintain, collect, use, or disseminate ; ( XXXX ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( XXXX ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( XXXX ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section XXXX of title XXXX ; ( XXXX ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( XXXX ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of ManagemenXXXX and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( XXXX ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( XXXX ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( XXXX ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( XXXX ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( XXXX ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( XXXX ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ). ( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( XXXX ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( XXXX ) required under section 552 of this title ; ( XXXX ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( XXXX ) ( XXXX ) ( D ) of this section ; ( XXXX ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( XXXX ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( XXXX ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( XXXX ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( XXXX ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( XXXX ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( XXXX ) pursuant to the order of a court of competent jurisdiction ; or ( XXXX ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. ( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( XXXX ) except for disclosures made under subsections ( b ) ( XXXX ) or ( b ) ( XXXX ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( XXXX ) retain the accounting made under paragraph ( XXXX ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( XXXX ) except for disclosures made under subsection ( b ) ( XXXX ) of this section, make the accounting made under paragraph ( XXXX ) of this subsection available to the individual named in the record at his request; and ( XXXX ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made. ( d ) Access to Records.Each agency that maintains a system of records shall ( XXXX ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( XXXX ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( XXXX ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( XXXX ) ( A ) of this section ; ( XXXX ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( XXXX ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( XXXX ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding. ( XXXX XXXX Agency Requirements.Each agency that maintains a system of records shall ( XXXX ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( XXXX ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( XXXX ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( XXXX ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( XXXX ) subject to the provisions of paragraph ( XXXX ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( XXXX ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( XXXX ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( XXXX ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( XXXX ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( XXXX ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( XXXX ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( XXXX ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( XXXX ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( XXXX ) at least 30 days prior to publication of information under paragraph ( XXXX ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( XXXX ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision. ( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( XXXX ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( XXXX ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( XXXX ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( XXXX ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( XXXX ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record. The Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( XXXX ) ( XXXX ) of this section in a form available to the public at low cost. ( g ) ( XXXX ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( XXXX ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( XXXX ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection. ( XXXX ) ( A ) In any suit brought under the provisions of subsection ( g ) ( XXXX ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo. ( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. ( XXXX ) ( A ) In any suit brought under the provisions of subsection ( g ) ( XXXX ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action. ( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed. ( XXXX ) In any suit brought under the provisions of subsection ( g ) ( XXXX ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of { {$1000.00} } ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court. ( XXXX ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to September 27, 1975. ( h ) Rights of Legal Guardians. For the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual. ( i ) ( XXXX ) Criminal Penalties. Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. ( XXXX ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( XXXX ) ( XXXX ) of this section shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. ( XXXX ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than { {$5000.00} }. ( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision. At the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section. ( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( XXXX ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( XXXX ) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18 ;","date_sent_to_company":"2024-04-25T10:50:42.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"96706","tags":null,"has_narrative":true,"complaint_id":"8856469","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-04-25T10:13:24.000Z","state":"HI","company_public_response":null,"sub_issue":"Public record information inaccurate"},"highlight":{"complaint_what_happened":["You <em>must</em> not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ). ( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( XXXX ) By mail. The opt out notice is mailed to the consumer."]},"sort":[4.8596997,"8856469"]},{"_index":"complaint-public-v1","_id":"8438423","_score":4.824458,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"LexisNexis continues to report an allege bankruptcy and they do not have permission. Delete this allege bankruptcy from my consumer report.\n\n248.124 Reasonable opportunity to opt out.\n\n( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ).\n\n( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( 1 ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means.\n\n( 2 ) By electronic means.\n\n( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means.\n\n( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means.\n\n( 3 ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted.\n\n( 4 ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out.\n\n( 5 ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice.\n\n( a ) Definitions.For purposes of this section ( 1 ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( 5 ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( 6 ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( 7 ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( 8 ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( 10 ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( 11 ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( 12 ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( 13 ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ).\n\n( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( 7 ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( 8 ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( 9 ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( 10 ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( 11 ) pursuant to the order of a court of competent jurisdiction ; or ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.\n\n( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under paragraph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( 3 ) except for disclosures made under subsection ( b ) ( 7 ) of this section, make the accounting made under paragraph ( 1 ) of this subsection available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made.\n\n( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( 3 ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( 1 ) ( A ) of this section ; ( 4 ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( 3 ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( 5 ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding.\n\n( e ) Agency Requirements.Each agency that maintains a system of records shall ( 1 ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( 2 ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( 3 ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( 4 ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( 4 ) subject to the provisions of paragraph ( 11 ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( E ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( 5 ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( 6 ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( 2 ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( 7 ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( 8 ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( 11 ) at least 30 days prior to publication of information under paragraph ( 4 ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( 12 ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision.\n\n( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( 1 ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( 2 ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( 3 ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( 4 ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( 5 ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record.\n\nThe Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( e ) ( 4 ) of this section in a form available to the public at low cost.\n\n( g ) ( 1 ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.\n\n( 2 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 3 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of {$1000.00} ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court.\n\n( 5 ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to XX/XX/XXXX. \n( h ) Rights of Legal Guardians.\n\nFor the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual.\n\n( i ) ( 1 ) Criminal Penalties.\n\nAny officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 2 ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 3 ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision.\n\nAt the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section.\n\n( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( 2 ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 3 ) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18 ; ( 4 ) required by statute to be maintained and used solely as statistical records ; ( 5 ) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 6 ) testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process ; or ( 7 ) evaluation material used to determine potential for promotion in the armed services, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence.\n\nAt the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section.\n\n( l ) ( 1 ) Archival Records.\n\nEach agency record which is accepted","date_sent_to_company":"2024-02-29T05:29:12.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"8438423","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"LEXISNEXIS","date_received":"2024-02-29T05:22:55.000Z","state":"MI","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["At the time rules are adopted under this subsection, the agency shall <em>include</em> in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section."]},"sort":[4.824458,"8438423"]},{"_index":"complaint-public-v1","_id":"8438484","_score":4.8011975,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"LexisNexis is reporting a bankruptcy that I did not give them to permission to report. LexisNexis sells information as a data reseller and collects information from various other companies but that does not mean they have permission. M = XXXX Reasonable opportunity to opt out. \n( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ). \n\n( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( 1 ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means.\n\n( 2 ) By electronic means. \n\n( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means. \n\n( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means. \n\n( 3 ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted. \n\n( 4 ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out.\n\n( 5 ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice. \n\n\n\n\n\n\n\n\n\n( a ) Definitions.For purposes of this section ( 1 ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( 5 ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( 6 ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( 7 ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( 8 ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( 10 ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( 11 ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( 12 ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( 13 ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ).\n\n( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( 7 ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( 8 ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( 9 ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( 10 ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( 11 ) pursuant to the order of a court of competent jurisdiction ; or ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.\n\n( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under paragraph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( 3 ) except for disclosures made under subsection ( b ) ( 7 ) of this section, make the accounting made under paragraph ( 1 ) of this subsection available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made. \n( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( 3 ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( 1 ) ( A ) of this section ; ( 4 ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( 3 ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( 5 ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding. \n( e ) Agency Requirements.Each agency that maintains a system of records shall ( 1 ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( 2 ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( 3 ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( 4 ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( 4 ) subject to the provisions of paragraph ( 11 ) of this subsection, publish in the XXXX XXXX upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( E ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( 5 ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( 6 ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( 2 ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( 7 ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( 8 ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( 11 ) at least 30 days prior to publication of information under paragraph ( 4 ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( 12 ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision.\n\n( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( 1 ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( 2 ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( 3 ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( 4 ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( 5 ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record.\n\nThe Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( e ) ( 4 ) of this section in a form available to the public at low cost.\n\n( g ) ( 1 ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.\n\n( 2 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 3 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of {$1000.00} ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court.\n\n( 5 ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to XX/XX/XXXX. \n( h ) Rights of Legal Guardians.\n\nFor the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual.\n\n( i ) ( 1 ) Criminal Penalties.\n\nAny officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 2 ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 3 ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision.\n\nAt the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section.\n\n( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( 2 ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 3 ) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18 ; ( 4 ) required by statute to be maintained and used solely as statistical records ; ( 5 ) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 6 ) testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process ; or ( 7 ) evaluation material used to determine potential for promotion in the armed services, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence.\n\nAt the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a","date_sent_to_company":"2024-02-29T05:18:31.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"77084","tags":null,"has_narrative":true,"complaint_id":"8438484","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"LEXISNEXIS","date_received":"2024-02-29T05:18:29.000Z","state":"TX","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["At the time rules are adopted under this subsection, the agency shall <em>include</em> in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a"]},"sort":[4.8011975,"8438484"]},{"_index":"complaint-public-v1","_id":"8150260","_score":4.8011975,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"LexisNexis continues to violate my consumer rights protected by federal law. I have the right to opt out of anything being reported about me. This is my consumer information and if it I do not want it being reported I have a right to opt out. LexisNexis makes a profit from the selling of this information to the credit bureaus this is why their investigation is biased.\n\n248.124 Reasonable opportunity to opt out.\n\n( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ). \n\n( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( 1 ) By mail. The opt out notice is mailed to the consumer. The consumer is given XXXX days from the date the notice is mailed to elect to opt out by any reasonable means.\n\n( 2 ) By electronic means. \n\n( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given XXXX  days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means. \n\n( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given XXXX  days after the e-mail is sent to elect to opt out by any reasonable means. \n\n( 3 ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted. \n\n( 4 ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out.\n\n( 5 ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice.\n\n( a ) Definitions.For purposes of this section ( 1 ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( 5 ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( 6 ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( 7 ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( 8 ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( 10 ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( 11 ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( 12 ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( 13 ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ).\n\n( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( 7 ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( 8 ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( 9 ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( 10 ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( 11 ) pursuant to the order of a court of competent jurisdiction ; or ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.\n\n( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under paragraph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( 3 ) except for disclosures made under subsection ( b ) ( 7 ) of this section, make the accounting made under paragraph ( 1 ) of this subsection available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made.\n\n( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( 3 ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( 1 ) ( A ) of this section ; ( 4 ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( 3 ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( 5 ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding.\n\n( e ) Agency Requirements.Each agency that maintains a system of records shall ( 1 ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( 2 ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( 3 ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( 4 ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( 4 ) subject to the provisions of paragraph ( 11 ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( E ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( 5 ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( 6 ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( 2 ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( 7 ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( 8 ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( 11 ) at least 30 days prior to publication of information under paragraph ( 4 ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( 12 ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision.\n\n( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( 1 ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( 2 ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( 3 ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( 4 ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( 5 ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record.\n\nThe Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( e ) ( 4 ) of this section in a form available to the public at low cost.\n\n( g ) ( 1 ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.\n\n( 2 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 3 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of {$1000.00} ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court.\n\n( 5 ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to XX/XX/XXXX. \n( h ) Rights of Legal Guardians.\n\nFor the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual.\n\n( i ) ( 1 ) Criminal Penalties.\n\nAny officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 2 ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 3 ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision.\n\nAt the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section.\n\n( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( 2 ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 3 ) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18 ; ( 4 ) required by statute to be maintained and used solely as statistical records ; ( 5 ) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 6 ) testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process ; or ( 7 ) evaluation material used to determine potential for promotion in the armed services, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence.\n\nAt the time rules are adopted under this subsection, the agency shall include in t","date_sent_to_company":"2024-01-11T17:27:13.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"30132","tags":null,"has_narrative":true,"complaint_id":"8150260","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"LEXISNEXIS","date_received":"2024-01-11T17:04:47.000Z","state":"GA","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["At the time rules are adopted under this subsection, the agency shall <em>include</em> in t"]},"sort":[4.8011975,"8150260"]},{"_index":"complaint-public-v1","_id":"8370332","_score":4.577758,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, XXXX, and LexisnExis continue to report a bankruptcy that they do not have authorization to report. XXXX, XXXX, and LexisNexis are data furnishers that sell consumers personal information for profit. Neither company has my permission to report this information and federal law requires that they send me an opt out notice every 30 days to give me the option to opt out of my personal information being shared. The only reason each company continues to report this information is because of the profit that each makes which makes the investigation that they keep declaring the information verified biased. Just because they got records from a public domain does not make it accurate or verified. Who did they talk to from the courthouse that stated that this bankruptcy actually was filed by me. \n\n248.124 Reasonable opportunity to opt out.\n\n( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ).\n\n( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( 1 ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means.\n\n( 2 ) By electronic means.\n\n( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means.\n\n( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means.\n\n( 3 ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted.\n\n( 4 ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out.\n\n( 5 ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice.\n\n( a ) Definitions.For purposes of this section ( 1 ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( 5 ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( 6 ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( 7 ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( 8 ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( 10 ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( 11 ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( 12 ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( 13 ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ).\n\n( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( 7 ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( 8 ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( 9 ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( 10 ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( 11 ) pursuant to the order of a court of competent jurisdiction ; or ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.\n\n( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under paragraph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( 3 ) except for disclosures made under subsection ( b ) ( 7 ) of this section, make the accounting made under paragraph ( 1 ) of this subsection available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made.\n\n( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( 3 ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( 1 ) ( A ) of this section ; ( 4 ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( 3 ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( 5 ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding.\n\n( e ) Agency Requirements.Each agency that maintains a system of records shall ( 1 ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( 2 ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( 3 ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( 4 ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( 4 ) subject to the provisions of paragraph ( 11 ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( E ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( 5 ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( 6 ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( 2 ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( 7 ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( 8 ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( 11 ) at least 30 days prior to publication of information under paragraph ( 4 ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( 12 ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision.\n\n( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( 1 ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( 2 ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( 3 ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( 4 ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( 5 ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record.\n\nThe Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( e ) ( 4 ) of this section in a form available to the public at low cost.\n\n( g ) ( 1 ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.\n\n( 2 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 3 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of {$1000.00} ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court.\n\n( 5 ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to September 27, 1975.\n\n( h ) Rights of Legal Guardians.\n\nFor the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual.\n\n( i ) ( 1 ) Criminal Penalties.\n\nAny officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 2 ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 3 ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision.\n\nAt the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section.\n\n( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( 2 ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 3 ) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18 ; ( 4 ) required by statute to be maintained and used solely as statistical records ; ( 5 ) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 6 ) testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process ; or ( 7 ) evaluation material used to determine potential for promotion in the armed services, but","date_sent_to_company":"2024-02-18T22:50:40.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"600XX","tags":null,"has_narrative":true,"complaint_id":"8370332","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"LEXISNEXIS","date_received":"2024-02-18T22:50:36.000Z","state":"IL","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["At the time rules are adopted under this subsection, the agency shall <em>include</em> in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section."]},"sort":[4.577758,"8370332"]},{"_index":"complaint-public-v1","_id":"8370410","_score":4.5767674,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Experian, XXXX, and XXXX continue to report a bankruptcy that they do not have authorization to report. Experian, XXXX, and XXXX are data furnishers that sell consumers personal information for profit. Neither company has my permission to report this information and federal law requires that they send me an opt out notice every XXXX  days to give me the option to opt out of my personal information being shared. The only reason each company continues to report this information is because of the profit that each makes which makes the investigation that they keep declaring the information verified biased. Just because they got records from a public domain does not make it accurate or verified. Who did they talk to from the courthouse that stated that this bankruptcy actually was filed by me. \n\nXXXX Reasonable opportunity to opt out. \n( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by XXXX ( a ) ( 1 ) ( ii ).\n\n( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( 1 ) By mail. The opt out notice is mailed to the consumer. The consumer is given XXXX  days from the date the notice is mailed to elect to opt out by any reasonable means.\n\n( 2 ) By electronic means.\n\n( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given XXXX  days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means. \n\n( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given XXXX  days after the e-mail is sent to elect to opt out by any reasonable means. \n\n( 3 ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted.\n\n( 4 ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check XXXX of XXXX blank check boxesXXXX that allows consumers to indicate that they want to opt out and XXXX that allows consumers to indicate that they do not want to opt out. \n\n( 5 ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice.\n\n( a ) Definitions.For purposes of this section ( 1 ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( 5 ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( 6 ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( 7 ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( 8 ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( 10 ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( 11 ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( 12 ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( 13 ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ).\n\n( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( 7 ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( 8 ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( 9 ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( 10 ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( 11 ) pursuant to the order of a court of competent jurisdiction ; or ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.\n\n( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under paragraph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( 3 ) except for disclosures made under subsection ( b ) ( 7 ) of this section, make the accounting made under paragraph ( 1 ) of this subsection available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made.\n\n( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than XXXX  days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( 3 ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than XXXX  days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such XXXX period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( 1 ) ( A ) of this section ; ( 4 ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( 3 ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( 5 ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding.\n\n( e ) Agency Requirements.Each agency that maintains a system of records shall ( 1 ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( 2 ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( 3 ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( 4 ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( 4 ) subject to the provisions of paragraph ( 11 ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( E ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( 5 ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( 6 ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( 2 ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( 7 ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( 8 ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( 11 ) at least XXXX  days prior to publication of information under paragraph ( 4 ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( 12 ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least XXXX days prior to conducting such program, publish in the Federal Register notice of such establishment or revision.\n\n( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( 1 ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( 2 ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( 3 ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( 4 ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( 5 ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record.\n\nThe Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( e ) ( 4 ) of this section in a form available to the public at low cost.\n\n( g ) ( 1 ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.\n\n( 2 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 3 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of {$1000.00} ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court.\n\n( 5 ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within XXXX years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within XXXX years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to XX/XX/XXXX. \n( h ) Rights of Legal Guardians.\n\nFor the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual.\n\n( i ) ( 1 ) Criminal Penalties.\n\nAny officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 2 ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 3 ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision.\n\nAt the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section.\n\n( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( 2 ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 3 ) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18 ; ( 4 ) required by statute to be maintained and used solely as statistical records ; ( 5 ) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 6 ) testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process ; or ( 7 ) evaluation material used to determine potential for promotion in the armed services, but","date_sent_to_company":"2024-02-18T22:50:24.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"600XX","tags":null,"has_narrative":true,"complaint_id":"8370410","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-02-18T22:16:23.000Z","state":"IL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["At the time rules are adopted under this subsection, the agency shall <em>include</em> in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section."]},"sort":[4.5767674,"8370410"]},{"_index":"complaint-public-v1","_id":"8369911","_score":4.5767674,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, Equifax, and XXXX continue to report a bankruptcy that they do not have authorization to report. XXXX, Equifax, and XXXX are data furnishers that sell consumers personal information for profit. Neither company has my permission to report this information and federal law requires that they send me an opt out notice every 30 days to give me the option to opt out of my personal information being shared. The only reason each company continues to report this information is because of the profit that each makes which makes the investigation that they keep declaring the information verified biased. Just because they got records from a public domain does not make it accurate or verified. Who did they talk to from the courthouse that stated that this bankruptcy actually was filed by me. \n\n248.124 Reasonable opportunity to opt out. \n( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ). \n\n( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( 1 ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means.\n\n( 2 ) By electronic means. \n\n( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means. \n\n( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means. \n\n( 3 ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted.\n\n( 4 ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out. \n\n( 5 ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice. \n\n\n\n( a ) Definitions.For purposes of this section ( 1 ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; ( 5 ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( 6 ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( 7 ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( 8 ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( 10 ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( 11 ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( 12 ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( 13 ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ).\n\n( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( 7 ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( 8 ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( 9 ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( 10 ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( 11 ) pursuant to the order of a court of competent jurisdiction ; or ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.\n\n( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under paragraph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( 3 ) except for disclosures made under subsection ( b ) ( 7 ) of this section, make the accounting made under paragraph ( 1 ) of this subsection available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made. \n( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( 3 ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( 1 ) ( A ) of this section ; ( 4 ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( 3 ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( 5 ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding. \n( e ) Agency Requirements.Each agency that maintains a system of records shall ( 1 ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( 2 ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( 3 ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( 4 ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( 4 ) subject to the provisions of paragraph ( 11 ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( E ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( 5 ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( 6 ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( 2 ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( 7 ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( 8 ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( 11 ) at least 30 days prior to publication of information under paragraph ( 4 ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( 12 ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision.\n\n( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( 1 ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( 2 ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( 3 ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( 4 ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( 5 ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record.\n\nThe Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( e ) ( 4 ) of this section in a form available to the public at low cost.\n\n( g ) ( 1 ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an\nindividual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.\n\n( 2 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 3 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of {$1000.00} ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court.\n\n( 5 ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to September 27, 1975.\n\n( h ) Rights of Legal Guardians.\n\nFor the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual.\n\n( i ) ( 1 ) Criminal Penalties.\n\nAny officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 2 ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 3 ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision.\n\nAt the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section.\n\n( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( 2 ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 3 ) maintained in connection with providing protective services to the President of the United States or other individuals pursuant to section 3056 of title 18 ; ( 4 ) required by statute to be maintained and used solely as statistical records ; ( 5 ) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the source would be held in confidence ; ( 6 ) testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process ; or ( 7 ) evaluation material used to determine potential for promotion in the armed services, but","date_sent_to_company":"2024-02-18T22:50:40.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"600XX","tags":null,"has_narrative":true,"complaint_id":"8369911","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-02-18T22:50:36.000Z","state":"IL","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["At the time rules are adopted under this subsection, the agency shall <em>include</em> in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section."]},"sort":[4.5767674,"8369911"]},{"_index":"complaint-public-v1","_id":"3382610","_score":3.792469,"_source":{"product":"Mortgage","complaint_what_happened":"Can not get a clear title Property because NationStar Mr.Cooper placed a False Proof of Claim in the Case>! \nXXXX XXXX XXXX, appearing pro se, as and for his OBJECTION to the Motion for relief filed by disinterested person Nationstar Mortgage, LLC d/b/a Mr. Cooper ( \" Mr. Cooper '' ), dated XX/XX/XXXX and found at ECF Docket No. XXXX ( the \" Motion '' ) respectfully submits the following Objections to this honorable court for its consideration : 1. Movant Mr. Cooper claims, falsely, that they are a secured creditor. However, 11 USC 101 ( 10 ) defines the term \" creditor '' to mean : ( A  ) entity that has a claim against a debtor that arose at the time of or before the order for relief concerning the debtor ; or, ( B ) entity that has a claim against the estate of a kind specified in section 348 ( d ), 502 ( f ), 502 ( g ), 502 ( h ), 502 ( i ), ; or, ( C ) entity that has a community claim.\n\nFurthermore, 11 USC 101 ( 14 define the tern \" disinterested person '' to mean : ( A ) is not a creditor, an equity security holder, or an insider ; ( b ), is not and was not, within 2 years before the date of the filing of the petition, a director, officer, or employee of the debtor ; and, ( C ) does not have an interest materially adverse to the interest of the estate or of any class of creditors or equity holders, by reason of any direct or indirect relationship to, connection with, or interest in, the debtor, or for any other reason. Debtor OBJECTS to the claim that Mr. Cooper is a creditor at all and OBJECTS further that he is secured, since no valid original Note or other security instrument exists between this debtor and Mr. Cooper or any other party. \n2. DISINTERESTED PERSON MR. COOPER 's FAILURE TO COMPLY WITH FRBP RULE 3001 : FRBP Rule 3001 requires Mr. Cooper to file a Proof of Claim, and the required supporting documentation which is subject to review and scrutiny of this court and the debtor, in order to be deemed a party in interest or creditor in this case. ( SEE : In re : XXXX, No. XXXX ( XXXX  ) XXXX XXXX. XXXX XXXX ( Bankr. XXXX. XXXX ) ). FRBP Rule 3001 in relevant parts to the Motion and this Objection provides that : \" A Proof of Claim is a written statement setting forth a creditor 's claim. A Proof of Claim shall conform substantially to the appropriate Official Form. ( FRBP Rule 3001 ( a ) ). A Proof of Claim shall be executed by the CREDITOR or the creditor 's authorized agent except as provided in Rules 3004 and 3005. ( FRBP Rule 3001 ( b ) ). Regarding a claim in writing, as disinterested person Mr. Cooper has alleged here in the Motion despite, Mr. Cooper 's failure to file a proof of Claim, except for a Proof of Claim governed by paragraph ( 3 ) of this subdivision, when a claim, or an interest in property of the debtor securing the claim, is based on a writing, a copy of the writing ( as alleged by the disinterested arty here ), shall be filed with the Proof of Claim. If the writing has been lost or destroyed, a statement of the circumstances of the loss or destruction shall be filed with the claim. ( FRBP Rule 3001 ( c ) ( 1 ) ). However, no statement of circumstances was submitted here by disinterested person Mr. Cooper, only a statement of an unqualified person alleging the loss occurred without explanation on a self-styled and fraudulently contrived loss affidavit, which violates Rule 3001 ( c ) ( 1 ). \nIn an individual debtor case, as here, FRBP Rule 3001 authorizes sanctions against disinterested persons such as Mr. Cooper, and their counsel Mr. XXXX, for failure to comply with the rule. If, in addition to its principal amount. a claim includes interest, fees, expenses or other charges incurred before the petition was filed, an itemized statement of the interest, fees, expenses, or charges shall be filed with the Proof of Claim. ( FRBP Rule 3001 ( c ) ( 2 ) ( A ) ). Mr. Cooper never filed the Proof of Claim including these schedules, as required under the Rule, in violation of FRBP Rule 3001 ( c ) ( 2 ) ( A ). therefore, the Motion itself is not properly before this court, as is necessary to have the motion 's merits considered. \nIf a security interest is claimed in the debtor 's property, a statement of the amount necessary to cure any default as of the date of the petition shall be filed with the proof of claim. ( FRBP Rule 3001 ( c ) ( 2 ) ( B ) ). Yet none of these requirements were met by Mr. Cooper either. In fact, of all of the documents submitted with the motion by Mr. Cooper, none of them suffice, meet or supersede the requirements set forth in Rule 3001. The debtor OBJECTS to the validity of the Motion as a valid motion before the court on these grounds. \nIf a security interest in claimed in property that is the debtor 's principal residence, as disinterested person Mr. Cooper has done here, the attachment prescribed by the appropriate Official Form shall be filed with a Proof of Claim. If an escrow account has been established in connection with the claim, an escrow account statement prepared as of the date the petition was filed and, in the form, consistent applicable nonbankrupt law shall be filed with the attachment to the Proof of Claim. ( FRBP Rule 3001 ( c ) ( 2 ) ( C ) ). Lacking the filing of ANY Proof of Claim, debtor OBJECTS to all of Mr. Coopers claims in his Motion and hereby shows that Mr. Cooper lacks standing to : pursue any relief through these proceedings or through the motion, seek the removal of the stay under 11 USC 362 ( d ) ( 1 ) or ( 4 ), and Mr. Cooper can not have the merits determined upon his motion for failure to adequately satisfy the requirements of Rule 3001. \nIf the holder of a claim fails to provide any information required under Rule 3001, the court may, after notice and hearing, take either or both of the following action : ( 1 ) preclude the holder from presenting omitted information, in any form, as evidence in any contested matter or adversary proceeding in the case ( FRBP Rule 3001 ( c ) ( 2 ) ( D ) ( i ) ), or award other appropriate relief, including reasonable expenses and attorney 's fees caused by the failure. ( FRBP Rule 3001 ( c ) ( 2 ) ( D ) ( ii ) ).\n\nDebtor OBJECTS to disinterested person Mr. Cooper 's failure to follow the Federal Rules of Bankruptcy Procedure in this case and avers that MR. Cooper is not a party in interest to this case. As, such Debtor hereby implores the court invoke the maximum sanctions allowed as set forth in FRBP Rule 3001 ( c ) ( 2 ) ( D ) ( i ) and ( ii ). Debtor intends to seek sanctions against Mr. Cooper pursuant to FRBP Rule 3001 ( c ) ( 2 ) ( D ) ( i ) and ( ii ) in a separate Motion. However, herein debtor OBJECTS to disinterested person Mr. Cooper 's Motion based upon the foregoing.\n\nIf a security interest in a property of the debtor is claimed, as disinterested person Mr. Cooper does in the Motion, the Proof of Claim must be accompanied by evidence that the security interest is perfected. ( FRBP Rule 3001 ( d ) ). Of course, since Mr. Cooper failed to comply with this section of Rule 3001 by failing to even file a Proof of Claim, the Motion is improperly before the court. Debtor OBJECTS to the validity of the motion, and to the motion being determined upon its merits based upon this failure by disinterested party Mr. Cooper to provide any valid authentication of perfection of a security instrument under that name which established any debtor/creditor relationship between the parties here. No creditor/ Debtor relationship exists between XXXX XXXX and disinterested person Mr. Cooper . \n3. Having failed to comply with ANY of the requirements set forth under FRBP Rule 3001 in this instance, and pursuant to definition under 11 USC 101 ( 14 ), Mr. Cooper is a disinterested party in this case lacking standing to file the instant Motion. Debtor therefore OBJECTS to the claim by Mr. Cooper to be a party of interest in these proceedings. \n4. Mr. Cooper is not, and can not be deemed to be, a \" secured creditor '' as claimed in the Motion pursuant to Rule 3001 or 11 USC 101 ( 10 ) or ( 14 ). ( FRBP Rule 3001 ; 11 USC 101 ( 10 ) and ( 14 ) ). Debtor OBJECTS to the claim that Mr. Cooper is a secured creditor based upon these facts.\n\n5. Mr. Cooper 's Motion seeks relief pursuant to 11 USC 362 ( d ) ( 1 ) and 11 USC 362 ( d ) ( 4 ). According to the statute : \" On request of a PARTY IN INTEREST and after notice and a hearing, the court shall grant relief from the stay provided under subsection ( a ) of this section, such as by terminating, annulling, modifying or conditioning such stay : ( 1 ) for cause, including the lack of adequate protection of an interest in property of such party in interest. \" ( 11 USC 362 ( d ) ( 1 ) ). Also, \" with respect to a stay of an act against real property, under subsection ( a ), by a CREDITOR whose claim is secured by an interest in real property, if the court finds that the filing of the petition was part of a scheme to delay, hinder, or defraud creditors that involved either ( A ) transfer of all or part ownership of, or other interest in, such real property without the consent of the secured creditor or court approval ; or ( B ) multiple bankruptcy filings affecting such real property. '' ( 11 USC 362 ( d ) ( 4 ) ). However, disinterested party Mr. Cooper has failed to meet the requirements of filing or perfecting a Proof of Claim or security instrument and has failed to qualify as a PARTY IN INTEREST. Therefore, Mr. Cooper can not possibly be deemed to be having made a \" request of a party of interest '' under the predicate requirement in 11 USC 362 ( d ) ( 1 ). By not satisfying the predicate element of being a \" party in interest '' to file the Motion in the first place, and specifically, in lack of the existence of any Proof of Claim filed under Rule 3001, Mr. Cooper 's Motion CAN NOT be considered pursuant to section 362 ( d ) because Mr. Cooper does not satisfy the predicate requirement of being a \" party in interest '' set forth in the statute to file the Motion as defined under 11 USC 101. Likewise, Mr. Cooper can not be deemed to be a Creditor at all since no creditor/Debtor relationship exists between his debtor and Mr. Cooper, and Mr. Cooper has failed to provide one single piece of evidence showing a creditor/debtor relationship exists between the parties involved. This negates Mr. Cooper 's ability to file as \" creditor '', which is the predicate requirement under 11 USC 362 ( 4 ) necessary to seek relief. Based upon the foregoing, Debtor Objects to the Motion under section 362 ( d ) ( 1 ) and ( 4 ) because it seeks relief which can not be granted because the Movant fails to meet the requirements to be deemed a \" party in interest '' or a \" creditor '' as defined under Title 11. Therefore, disinterested person Mr. Cooper does not satisfy the predicate element requirements under 362, in any way, which would allow Mr. Cooper to file the motion in the first place.\n\n6. In light of Mr. Cooper 's complete failure to provide a Proof of Claim under Rule 3001, the Motion again seeks relief which can not be granted under the statute and must be denied. Based upon the foregoing debtor OBJECTs to the Motion in its entirety.\n\n7. Since MR. Cooper is indeed is NOT a Creditor, as defined under 11 USC 101 ( 10 ), his claim to be creditor is false. Debtor OBJECTS to Mr. Coopers false and misrepresentative characterization of itself as a creditor, made for the purposes of fraud upon the court and to defraud this debtor.\n\n8. Mr. Cooper is indeed a disinterested person, as defined under 11 USC 101 ( 14 ), and as such seeks relief which can not be granted under section 362, because section 362 requires that the motion for relief must be filed by a \" party in interest '' as defined under 11 USC 101. ( 11 USC 362 ( d ) ( 1 ) and ( 4 ) and, also : 11 USC ss 101 ( 10 ) ( 14 ) ). Debtor OBJECTS to the filing of the Motion by a disinterested person which was filed for the fraudulent purposes of obtaining debtor 's property when no debtor/creditor relationship exists.\n\n9. Because Rule 3001 requires that a Proof of Claim be filed \" in proper form and context '', and MR. Cooper failed to file one, the Motion must be denied pursuant to Rule 3001 ( a ). Debtor Objects to the motion based upon this deficiency. ( FRBP Rule 3001 ( a ) ).\n\n10. Because Rule 3001 ( b ) requires that a Proof of Claim MUST BE EXECUTED BY THE CREDITOR or the CREDITOR 's agent, and Mr. Cooper has failed to do so, and the Motion must be denied.\n\n11. Because Mr. Cooper 's claims to be a \" secured creditor but has not filed a Proof of Claim or proof of security with that Proof of Claim, as required under Rule 3001 ( c ), Mr. Cooper 's Motion is non-compliant with the Federal Rules of Bankruptcy procedure and must be denied. Debtor OBJECTS to the filing of the Motion by Mr. Cooper in the improper form and context in violation of FRBP Rule 3001 ( c ).\n\n12. Because Mr. Cooper, by and through their attorney XXXX XXXX fail to meet any of the requirements of FRBP Rule 3001 ( a ), ( b ), ( c ) ( 1 ) and ( 2 ) and ( 2 ) ( A-C ), the motion must be denied. ( FRBP Rule 3001 ( a ), ( b ), ( c ) ( 1 ) and ( 2 ) ( a-c ) ).\n\n13. Since Debtor is entitled to sanctions against disinterested party Mr. Cooper for failure to comply with Rule 3001 and 11 USC ss 362 ( d ) ( 1 ) and ( 4 ), the motion must be denied.\n\n14. Disinterested person Mr. Cooper 's Motion, as stated on its face, was made under FRBP Rule 4001. \n15. FRBP Rule 4001 is governed by FRBP Rule 9014. Rule 9014 pertains to contested matters as those which appear here in the Motion, between debtor XXXX  and disinterested person Mr. Cooper.\n\n16. Rule 9014 provided that : \" Testimony of witnesses with respect to disputed material factual issues shall be taken in the same manner as testimony in an adversarial proceeding '' ( FRBP Rule 9014 ( d ) ). Also, \" The court shall provide procedures that enable parties to ascertain a reasonable time before any scheduled hearing, whether the hearing will be an evidentiary hearing at which witnesses may testify ''. ( FRBP Rule 9014 ( e ) ). \n17. Debtor XXXX respectfully requests and hereby implores the court to instigate procedures set forth under FRBP Rule 9014 ( d ) and ( XXXX ) at this time, because it is the intent of the debtor to call witnesses, including alleged signatory of documents submitted by Mr. Cooper, to testify before the court, through subpoena if necessary, to adjudicate and determine the veracity of the documents and statements made by Mr. XXXX speaking for Mr. Cooper and others involved in the claims presented by Mr. Cooper in the Motion. Debtor has already determined and established that many of the signatures on the documents presented by Mr. Cooper to this court as authentic were forgeries or made by unreal persons and persons without authority to make the assignments relied upon by Mr. Cooper, in the scheme and artifice to defraud this debtor perpetrated by Mr. Cooper, Mr. XXXX and others. \n\n18. Because Mr. Cooper 's motion fails to satisfy the foregoing requirements of FRBP Rule 4001, 9014, 3001 and 11 USC 362, and 11 USC 101 ( 10 ), the court must deny the Motion on these grounds before it reaches any merits determinations on the Motion. Debtor OBJECTS to the Motion as being non-compliant with the statutory requirements and procedural Rule requirements set forth in the foregoing. \n19. Mr. Cooper 's reliance upon a lost note affidavit in the submitted supplemental documentation attached to the motion is noncompelling and invalid. New York State UCC law governs the lost note requirements in New York Bankruptcy cases. Because Mr. Cooper is relying upon a \" lost note affidavit '' to prove its \" secured creditor '' status to this court without complying with the requirements of NY UCC 3-804, Mr. Cooper lacks standing to pursue any actions in this case. The restrictions of res judicata forbid Mr. Cooper form relitigating this fact. In previous cases this very court already informed  Mr. XXXX that it could not rule in favor of XXXX 's previous co-conspirators and co-schemers upon their Motion for relief from stay, namely XXXX Investors, XXXX, Seterus and Mr. Cooper and others, because they ALL failed to provide this court with security bond for indemnification in at least twice the amount of the claim as required under NY UCC 3-804 ( SEE : NY UCC 3-804 ). XXXX and Mr. Cooper lacked standing to have the stay removed then, and they do now, upon the same grounds. Debtor OBJECTS to disinterested person Mr. Cooper 's attempt to relitigate their lack of standing due to non-compliance with NY UCC 3-804, and requests that XXXX and Mr. Cooper 's motion be denied, with prejudice, based upon their schemes and false claims. Debtor asserts that Mr. Cooper can not obtain bond in order to comply with NY UCC 3-804 because their claims and supporting documents are forged and fraudulent, and that the bonding and insurance companies, being aware of this fact, can not legally endorse a bond based under those circumstances. See Exhibit ( A ) Transcripts XXXX XXXX XXXX on XX/XX/XXXX Page 21 lines 14-25 and page 22 lines 1-6 WHEREFORE, as set forth and supported above, based upon : 1 ) Mr. Cooper 's lack of standing as a creditor ; 2 ) Mr. Cooper 's lack of security to be deemed a secured creditor ; 3 ) Mr. Cooper 's failure to comply with the requirements of statutes and Federal Rules of Bankruptcy Procedure, as specified above ; 4 ) Mr. Cooper 's status as a disinterested person as defined under 11 USC 101 ( 14 ) ; and, 5 ) the fact that the Motion state a claim and seeks relief which can not be granted, 6 ) the fact that a merits determination can not be made due to non-compliance with the Rules and Procedures as set forth above ; 7 ) Mr. Coopers restrictions pursuant to the principal of res judicata concerning NY UCC 3-804 the debtor respectfully requests that this honorable court : 8 ) deny Mr. Cooper 's Motion, with prejudice ; 9 ) invoke the sanctions authorized under Rule 9014 ( d ) to their maximum ; 10 ) forbid any further submission of evidence of any claim by Mr. Cooper and/or Mr. XXXX, pursuant to Rule 9014 ( d ) ( 2 ) ; and, 11 ) Provide any other relief to the debtor that this court may deem just and proper.\n\nI, XXXX XXXX born XX/XX/XXXX swear under the penalty of perjury that that my identity is as fore stated and is verified by the following witnesses or notary public. Furthermore, I agree to indemnify and hold anyone who uses this document to verify my identity harmless from any and all liabilities it may incur due to the reliance upon my statements. \nRespectfully submitted XX/XX/XXXX, I XXXX XXXX XXXX, appearing pro XXXX, do hereby affirm that the foregoing is truthful and correct to the best of my knowledge and belief, under penalty of perjury. See 28 U.S. Code 1746 ( 1 ) FRAUD BY XXXX XXXX : Title 18 USC 157 Bankruptcy fraud provides that : A person who, having devised or intending to devise a scheme or artifice to defraud and for the purpose of executing or concealing such a scheme or artifice or attempting to do so -- ( 1 ) files a petition under Title 11 ; or ( 2 ) files a document proceeding under Title 11 ; or ( 3 ) makes a false or fraudulent representation, claim or promise concerning or in relation to a proceeding under Title 11, at any time before or after the filing of the petition, or in relation to a proceeding falsely asserted to be pending under such title, shall be fined under this title, imprisoned not more than 5 years, or both.\n\nTitle 18 USC 1014 Loan and credit applications generally ; renewals and discounts ; crop insurance provides that : Whoever knowingly makes any false statement or report, or willfully overvalues any land, property or security, for the purpose of influencing in any way the action of ... a Federal Reserve Bank ..., any institution insured by the Federal Deposit insurance Corporation ... or a mortgage lending business, or any person or entity that makes in whole or in part a federally related mortgage loan, as defined in the Real Estate Settlement Procedures Act of 1974 [ 12 USC 2602 ], upon any application, advance, discount, purchase, purchase agreement, commitment, loan ... or any change or extension of any of the same, by renewal, deferment of action or otherwise, or the acceptance, release, or substitution of security therefore, shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years or both. \nTitle 18 USC 1016 Acknowledgment of appearance or oath provides that : Whoever being an officer authorized to administer oaths or to take and certify acknowledgments, knowingly makes any false acknowledgement, certificate, or statement concerning the appearance before him or the taking of an oath or affirmation by any person with respect to any proposal, contract, bond, undertaking, or other matter submitted to, made with, or taken on behalf of the united States or by any Department or Agency thereof, concerning which an oath or affirmations required by law or lawful regulation, or with respect to the financial standing of any principal, surety, or other party to any such proposal, contract, bond, undertaking, or other instrument, shall be fined under this Title or imprisoned not more than two years, or both.\n\nTitle 18 USC 1018 Official certificates or writings provides that : Whoever being a public officer or other person authorized by any law of the United States to make or give a certificate or other writing, knowingly makes and delivers as true such a certificate or writing, containing any statement which he knows to be false, in a case where the punishment thereof is not elsewhere expressly provided by law, shall be fined under this Title or imprisoned not more than 1 year, or both.\n\nTitle 18 USC 1021 Title records provides that : Whoever, being an officer or other person authorized by any law of the United States to record a conveyance of real property or any other instrument which by such law may be recorded, knowingly certifies falsely that such conveyance or instrument has or has not been recorded, shall be fined under this Title or imprisoned not more than 5 years, or both.\n\nTitle 18 USC 1341 Frauds and swindles provides that : Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice to defraud or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives there from, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this Title or imprisoned not more than 20 years, or both.\n\nT\nitle 18 USC 1343 Fraud by wire, radio, or television provides that : Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, television communication in interstate commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this Title or imprisoned not more than 20 years, or both.\n\nTitle 18 USC 1349 Attempt and conspiracy provides that : \" Any person who attempts or conspires to commit any offense under this Chapter shall be subject to the same penalties as those prescribed for the offense of which was the object of or intent of the conspiracy.\n\nTitle 18 USC 1021 Title records provides that : \" Whoever, being an officer of the court [ i.e. attorney ] or other person authorized by any law of the United States to record a conveyance or any other instrument which by such law may be recorded, knowingly certifies that such conveyance or instrument has or has not been recorded, shall be fined under this title or imprisoned not more than 5 years, or both.\n\nTitle 18 USC 1962 Prohibited activities provides that : ( a ) It shall be unlawful for any person who has received any income derived, directly or indirectly, from a pattern of racketeering activity or through collection of an unlawful debt in which such person has participated as a principal within the meaning of section 2, title 18, United States Code, to use or invest, directly or indirectly, any part of such income, or the proceeds of such income, in acquisition of any interest in, or the establishment or operation of, any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce. A purchase of securities on the open market for purposes of investment, and without the intention of controlling or participating in the control of the issuer, or of assisting another to do so, shall not be unlawful under this subsection if the securities of the issuer held by the purchaser, the members of his immediate family, and his or their accomplices in any pattern or racketeering activity or the collection of an unlawful debt after such purchase do not amount in the aggregate to one percent of the outstanding securities of any one class, and do not confer, either in law or in fact, the power to elect one or more directors of the issuer.\n\n( b ) It shall be unlawful for any person through a pattern of racketeering activity or through collection of an unlawful debt to acquire or maintain, directly or indirectly, any interest in or control of any enterprise which is engaged in, or the activities of which affect, interstate or foreign commerce.\n\n( c ) It shall be unlawful for any person employed by or associated with any enterprise engaged in, or the activities of which affect, interstate or foreign commerce, to conduct or participate, directly or indirectly, in the conduct of such enterprises affairs through a pattern of racketeering activity or collection of unlawful debt.\n\n( d ) It shall be unlawful for any person to conspire to violate any of the provisions of subsection ( a ), ( b ), or ( c ) of this section.\n\nTitle 18 USC 3057 Bankruptcy investigations provides that : ( a ) Any judge, receiver, or trustee having reasonable grounds for believing that any violation under chapter 9 of this title or other laws of the United States relating to insolvent debtors, receiverships or reorganization plans has been committed, or that an investigation should be had in connection therewith, shall report to the appropriate United States attorney all the facts and circumstances of the case, the names of the witnesses and the offense or offenses believed to have been committed. Where one of such officers has made such report, the others need not do so.\n\n( b ) The United States attorney thereupon shall inquire into the facts and report thereon to the judge, and if it appears probable that any such offense has been committed, shall without delay, present the matter to the grand jury, unless upon inquiry and examination he decides that the ends of public justice do not require investigation or prosecution, in which case he shall report the facts to the Attorney General for his direction. \n\nTitle 28 USC 524 Judiciary and Judicial Procedure provides that : ( a ) Appropriations for the Department of Justice are available to the Attorney General for payment of -- ( 1 ) notarial fees, including such additional stenographic services as are required in connection therewith in the taking of depositions, and compensation and expenses of witnesses and informants, all at the rates authorized or approved by the Attorney General or the Assistant Attorney General for Administration ; and ( 2 ) when ordered by the court, actual expenses of meals and lodging for marshals, deputy marshals, or criers when acting as bailiffs in attendance on juries. \n( b ) Except as provided in subsection ( a ) of this section, a claim of not more than {$500.00} for expenses related to litigation that is beyond the control of the Department may be paid out of appropriations currently available to the Department for expenses related to litigation when the Comptroller General settles the payment.\n\n( c ) ( 1 ) There is established in the United States Treasury a special fund to be known as the Department of Justice Assets Forfeiture Fund ( hereafter in this subsection referred to as the Fund ) which shall be available to the Attorney General without fiscal year limitation for the following law enforcement purposes -- ( A ) the payment, at the discretion of the Attorney General, of any expenses necessary to seize, detain, inventory, safeguard, maintain, advertise, sell, or dispose of property under seizure, detention, or forfeited pursuant to any law enforced or administered by the Department of Justice, or of any other necessary expense incident to the seizure, detention, forfeiture, or disposal of such property including -- ( i ) payments for -- ( I ) contract services ; ( II ) the employment of outside contractors to operate and manage properties or provide other specialized services necessary to dispose of such properties in an effort to maximize the return from such properties ; and ( III ) reimbursement of any Federal, State, or local agency for any expenditures made to perform the functions described in this clause ; ( ii ) payments to reimburse any Federal agency participating in the Fund for investigative costs leading to seizures ; ( iii ) payments for contracting for the services of experts and consultants needed by the Department of Justice to assist in carrying out duties related to asset seizure and forfeiture ; and ( iv ) payments made pursuant to guidelines promulgated by the Attorney General if such payments are necessary and directly related to seizure and forfeiture program expenses for ( I ) the purchase or lease of automatic data processing systems ( not less than a majority of which use will be related to such program ) ; ( II ) training ; ( III ) printing ; ( IV ) the storage, protection, and destruction of controlled substances ; and ( V ) contracting for services directly related to the identification of forfeitable assets, and the processing of and accounting for forfeitures ; ( B ) the payment of awards for information or assistance directly relating to violations of the criminal drug laws of the United States or of chapter 77 of title 18, sections 1956 and 1957 of title 18, sections 5313 and 5324 of title 31, and section 6050I of the Internal Revenue Code of 1986 ; ( C ) at the discretion of the Attorney General, the payment of awards for information or assistance leading to a civil or criminal forfeiture involving any Federal agency participating in the Fund ; ( D ) the compromise and payment of valid liens and mortgages against property that has been forfeited pursuant to any law enforced or administered by the Department of Justice, subject to the discretion of the Attorney General to determine the validity of any such lien or mortgage and the amount of payment to be made, and the employment of attorneys and other personnel skilled in State real estate law as necessary ; ( E ) ( i ) for disbursements authorized in connection with remission or mitigation procedures relating to property forfeited under any law enforced or administered by the Department of Justice ; and ( ii ) for payment for ( I ) costs incurred by or on behalf of the Department of Justice in connection with the removal, for purposes of Federal forfeiture and disposition, of any hazardous substance or pollutant or contaminant associated with the illegal manufacture of amphetamine or methamphetamine ; and ( II ) costs incurred by or on behalf of a Stat","date_sent_to_company":"2019-09-25T18:14:11.000Z","issue":"Closing on a mortgage","sub_product":"Other type of mortgage","zip_code":"14228","tags":null,"has_narrative":true,"complaint_id":"3382610","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Mr. Cooper Group Inc.","date_received":"2019-09-23T01:22:16.000Z","state":"NY","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["Cooper failed to file one, the Motion <em>must</em> be denied pursuant to Rule 3001 ( a ). Debtor Objects to the motion based upon this deficiency. ( FRBP Rule 3001 ( a ) ).\n\n10. Because Rule 3001 ( b ) requires that a Proof of Claim <em>MUST</em> BE EXECUTED BY THE CREDITOR or the CREDITOR 's agent, and Mr. Cooper has failed to do so, and the Motion <em>must</em> be denied.\n\n11. Because Mr."]},"sort":[3.792469,"3382610"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":22,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":22}]}},"product":{"doc_count":22,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting, credit repair services, or other personal consumer reports","doc_count":10,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":10}]}},{"key":"Credit reporting or other personal consumer reports","doc_count":9,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":9}]}},{"key":"Checking or savings account","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Other banking product or service","doc_count":1}]}},{"key":"Credit card","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"General-purpose credit card or charge card","doc_count":1}]}},{"key":"Mortgage","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Other type of mortgage","doc_count":1}]}}]}},"issue":{"doc_count":22,"issue":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Incorrect information on your report","doc_count":10,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Account status incorrect","doc_count":4},{"key":"Account information incorrect","doc_count":3},{"key":"Public record information inaccurate","doc_count":3}]}},{"key":"Problem with a company's investigation into an existing problem","doc_count":6,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Their investigation did not fix an error on your report","doc_count":6}]}},{"key":"Problem with a credit reporting company's investigation into an existing problem","doc_count":3,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Their investigation did not fix an error on your report","doc_count":3}]}},{"key":"Closing on a mortgage","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[]}},{"key":"Managing an account","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Deposits and withdrawals","doc_count":1}]}},{"key":"Problem with a purchase shown on your statement","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Card was charged for something you did not purchase with the card","doc_count":1}]}}]}},"timely":{"doc_count":22,"timely":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Yes","doc_count":22}]}},"company_response":{"doc_count":22,"company_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Closed with explanation","doc_count":16},{"key":"Closed with non-monetary relief","doc_count":5},{"key":"Closed with monetary relief","doc_count":1}]}},"submitted_via":{"doc_count":22,"submitted_via":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Web","doc_count":22}]}},"company":{"doc_count":22,"company":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"EQUIFAX, INC.","doc_count":5},{"key":"Experian Information Solutions Inc.","doc_count":5},{"key":"LEXISNEXIS","doc_count":5},{"key":"Nelnet, Inc.","doc_count":2},{"key":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","doc_count":2},{"key":"CAPITAL ONE FINANCIAL CORPORATION","doc_count":1},{"key":"HUNTINGTON NATIONAL BANK, THE","doc_count":1},{"key":"Mr. Cooper Group Inc.","doc_count":1}]}},"state":{"doc_count":22,"state":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"FL","doc_count":7},{"key":"TX","doc_count":4},{"key":"HI","doc_count":3},{"key":"IL","doc_count":3},{"key":"AZ","doc_count":1},{"key":"CT","doc_count":1},{"key":"GA","doc_count":1},{"key":"MI","doc_count":1},{"key":"NY","doc_count":1}]}},"company_public_response":{"doc_count":22,"company_public_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","doc_count":7}]}},"tags":{"doc_count":22,"tags":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Older American","doc_count":1}]}}},"_meta":{"license":"CC0","last_updated":"2026-07-15T12:00:00-05:00","last_indexed":"2026-07-15T12:00:00-05:00","total_record_count":16469162,"is_data_stale":false,"has_data_issue":false,"break_points":{}}}