{"took":374,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":33,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"12184772","_score":9.100956,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Dear Equifax, I recently received a copy of my credit report. To my surprise, you are reporting this account as inaccurate. Collections should not show a past-due balance. \nUnder the Fair Credit Reporting Act ( FCRA ) and XXXX XXXX compliance standards, this reporting violates accuracy guidelines. This collection/charge-off account should not be reporting a past-due balance of {$860.00} as shown below. \n\nACCOUNT NAME : XXXX XXXX : Past Due Balance {$860.00} ACCOUNT NUMBER : XXXX According to the FCRA XXXX I have the right to an accurate credit report. Please remove this account from my credit report immediately. Please provide me with a copy of my new credit report reflecting that this account was removed upon completion. \nPursuant to my rights under the Fair Credit Reporting Act ( FCRA ), I request a thorough and prompt investigation into these inaccuracies, as required by federal law. \n\nI wish to draw your attention to a recent legal action initiated by the Consumer Financial Protection Bureau ( CFPB ) against Experian. The lawsuit highlights serious concerns regarding Experians failure to adequately investigate consumer disputes. Specifically, the CFPB cited the following unlawful practices : Conducting inadequate investigations that fail to properly address consumer disputes. \nReinstating previously disputed and incorrect information without appropriate explanation. \nFailing to properly notify consumers of the results of investigations. \nThese actions are indicative of systemic deficiencies that undermine consumer protection and contribute to the persistence of erroneous information on credit reports. I am concerned that my dispute may be subject to similar mishandling.\n\nAs a consumer reporting agency 15U.S.C. 1681a ( f ), you are governed by the Fair Credit Reporting Act ( FCRA ). 15 U.S.C. 1681, et seq., which protects consumers from inaccurate, outdated, or invalidated information reporting of their consumer file. The FCRA states that its the consumer reporting agencys responsibility to ensure that all information contained within consumer files is accurate and free from errors. Your company is regularly engaged in the business of assembling, evaluating, and disbursing information concerning consumers for the purpose of furnishing consumer reports, as defined in 15 U.S.C. {$1600.00} ( d ), to third parties. According to federal law, you are required to comply with the requirements imposed under the FCRA, 15 U.S.C. 1681 et seq., including but not limited to : 1 ) follow reasonable procedures to assure maximum possible accuracy of the information sent to consumer report, as required by 15 U.S.C. 1681e ( b ). This section imposes a high and often disregarded standards on consumer reporting agencies. See, e.g., XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( breaking down the requirements of 1681e ( b ), and explaining that assure means to make sure or certain : put beyond all doubt, means the greatest in quantity or highest degree attainable [, ] possible means something falling within the bounds of what may be done, occur or be conceived. ( quoting-Websters Third New International Dictionary XXXX XXXX XXXX XXXX XXXX XXXX  ). Under the Consumer Financial Protection Act, the CFPB has the authority to take action against violating consumer financial protection laws.\n\nCourts have spoken on this topic. For example, in XXXX XXXX XXXX XXXX XXXX the court rejected a consumer reporting agency 's assertion that it had no obligation to compare facially inconsistent information contained in two of plaintiff 's consumer reports from different months because such an interpretation would make the consumer reporting agency simply a conduit and eliminate from the [ FCRA ] its emphasis on the reasonableness of the procedures followed in putting together a consumer report, contrary to Congressional intent. Courts have also indicated that the inclusion of facially false data inaccuracies on a consumer report may, in certain circumstances, evidence the unreasonableness of a consumer reporting agency 's procedures.\n\nIt continues to be the Bureau 's interpretation as outlined in this advisory opinion that such procedures are required, consistent with the core purpose of the FCRA as described in FCRA section 602 i.e., to require consumer reporting agencies to adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner that is fair and equitable to the consumer with regard to accuracy, among other responsibilities. This interpretation also aligns with the Federal Trade Commission 's 40 Years Report, which states that pursuant to 607 ( b ), a consumer reporting agency must maintain procedures to avoid reporting information with obvious logical inconsistencies, such as a credit account opened when the consumer was known to be a minor.\n\nIn addition to provisions authorizing Federal and State enforcement, the FCRA contains two provisions relating to civil liability to consumers for noncompliance. Section 617 provides that any person who is negligent in failing to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to the consumer 's actual damages, and costs and reasonable attorney 's fees. Section 616 provides that any person who willfully fails to comply with any requirement imposed under this title with respect to any consumer is liable to that consumer in an amount equal to actual or statutory damages of up to {$1000.00} per violation, such punitive damages as the court allows, and costs and reasonable attorney 's fees. A violation is willful when it is inconsistent with authoritative guidance from a relevant agency. As with any guidance issued by the CFPB on the FCRA, or predecessor agencies that were responsible for administering the FCRA prior to the CFPB 's creation, consumer reporting agencies risk liability under Section 616 if they violate the FCRA in a manner described in this Advisory Opinion, regardless of whether the consumer reporting agencies were previously liable for willful violations prior to its issuance.\n\nFCRA VIOLATION, FCRA Violation : This misreporting violates Sections 623 ( a ) ( 1 ) ( A ) of the FCRA, which requires furnishers of information to provide accurate information. Section 623 ( e ). General Prohibition on Reporting Inaccurate Information The FCRA prohibits information furnishers from providing information to a CRA that they know or have reasonable cause to believe is inaccurate. However, the furnisher is not subject to this general prohibition if it clearly and conspicuously specifies an address to which consumers may write to notify the furnisher that certain information is inaccurate.\n\nSections 623 ( a ) ( 1 ) ( A ) and ( a ) ( 1 ) ( C ). Duty to Correct and Update Information If at any time a person who regularly and in the ordinary course of business furnishes information to one or more CRAs determines that the information provided is not complete or accurate, the furnisher must promptly provide complete and accurate information to the CRA. In addition, the furnisher must notify all CRAs that received the information of any corrections and must thereafter report only the complete and accurate information.\n\nSection 623 ( a ) ( 2 ). Duties After Notice of Dispute from Consumer If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs.\n\nSection 623 ( a ) ( 1 ) ( B ). If a consumer notifies a furnisher that the consumer disputes the completeness or accuracy of any information reported by the furnisher, the furnisher may not subsequently report that information to a CRA without providing notice of the dispute.","date_sent_to_company":"2025-02-23T14:33:27.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"295XX","tags":"Servicemember","has_narrative":true,"complaint_id":"12184772","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2025-02-23T14:17:04.000Z","state":"SC","company_public_response":null,"sub_issue":"Account status incorrect"},"highlight":{"complaint_what_happened":["Dear Equifax, I <em>recently</em> received a copy of my credit report. To my surprise, you are reporting this account as inaccurate. Collections should not show a past-due balance. \nUnder the Fair Credit Reporting Act ( FCRA ) and XXXX XXXX <em>compliance</em> standards, this reporting violates accuracy guidelines. This collection/charge-off account should not be reporting a past-due balance of {$860.00} as shown below."]},"sort":[9.100956,"12184772"]},{"_index":"complaint-public-v1","_id":"7231909","_score":7.4108047,"_source":{"product":"Checking or savings account","complaint_what_happened":"To try and HELP BANK OF AMERICA LEGAL AND COMPLIANCE DEPT UNDERSTAND CONSUMER RIGHTS- to help them STOP FARTHER INCRIMINATING THEMSELVES IVE LISTED JUST A FEW THAT DIRECTLY APPLY TO BANKS AND OR COVERED BANKS.\n\nCFPB I DEMAND BANK OF AMERICA BEGIN RE READING ALL PORTAL REQUEST PER FEDERAL LAWS- AND BEGIN TO ALLOW THE CFPB & Me as the CFPB STATED MONTHS AGO- ( FEDERALLY REQUIRED ACCEPTABLE ANSWERS. ) I allege BANK OF AMERICA CAN NOT BE SO IGNORANT TO NOT UNDERSTAND THE POSITION THEY PUT THEMSELVES IN BY TO MANY NON FRIVOLOUS CHARGES TO STATE HERE. \n\nTAKING THE 5th by using the ( this appears to be a duplicate- will has TURNED ON WHOMEVER KEEPS DEFYING THE CFPB AND BANKING LAWS FOR EXPLICITLY WRITTEN LEGIBLE UNDERSTANDING FEDERALLY REQUIRED ANSWERS NOW OR IN COURT DEMANDS PER INTERROGATIONAL MOTIONS AND DEPOSITIONS. \n\nAgain as from THE CFPB 1st approach STOP LOOK AND HEAR AND READ. \n\nIN THIS POTAL ALONE, I allege by common sense by the forced admissions, the 2 letter I received from Bank of America and compliance officer XXXX XXXX, ( See downloaded messages- read all carefully as XXXX XXXX claimed ( after CAREFUL REVIEW ) read dates, admission & omissions- in the generalized way BOA compliance had boxed themselves in, per their own illegal admitted per se, by the we are NOT DENYING mishandling XXXX XXXX & HIS GOV BENEFITS MONEY AND ACCOUNTS. \nYet refuse by all but taking the 5th on apox XXXX - request for federal lawful required answers in expected by many federal laws, pertaining to any account more-so in my case- my federal protected direct deposit gov Benifits accounts. \nI need not Tell them how. \nThey need to explicitly explain the mishandling by federal laws- in total honesty as the mishandling began- only hours after a BOA manager XXXX EXILED ) XXXX XXXX tried to help a bank consumer be allowed a ( sworn statement contractual recorded fraud investigation on XX/XX/XXXX. IT TOOK HOURS FOR XXXX XXXX ( using my evidence ) to set all in contractual formate. Yet only a hour FOR BOA COMPLIANCE TO INSTANTANEOUSLY- 1- illegally freeze ( per ( EXILED NOW ) BOA manager ALL XXXX XXXX MONEY ACCESS TO EVEN BLACKED OUT XXXX XXXX ABILITY TO VIEW HIS ONLINE ACCOUNTS- ( ALL WENT BLACK ) THEN- It took ( my evidence ) it took me proving to the CFPB, upon the CFPB, 1st inquiry with BOA COMPLIANCE- to prove BOA COMPLIANCE WAS NOT JUST ACCIDENTALLY FORGETTING, THEY KNEW ME ALL TO WELL- THE BOA COMPLIANCE FLAT OUT LIED, in a 2nd attempt to subvert administration of justice. /THE 1st being the all but ADMITTED, serious UNWARRANTED threatening LETTER TO XXXX XXXX XXXX using the us postal services, IN CONTEMPORARIES ORDER- ( OF ALL THE WAYS THEY MAY illegally, Totally knowingly unwarrantably - take THESE ACTIONS- 1- DESTROY XXXX XXXX REPUTATION, then, also KNOWINGLY WRONGFULLY, turning him into the SOME EARLY WARNING SYSTEM- explaining to XXXX  XXXX this would STOP HIM FROM BEING ABLE TO EVEN OPEN A CHECKING ACCOUNT FOR 5 YEARS, ANYWHERE AT ANY BANK. \nTHEY WENT FARTHER, STATING THEY ALSO Could & MAY turn him into XXXX XXXX. This letter sent in haste to wrongfully intimidate, to defraud, to cause XXXX  XXXX to fear INFORMING PROPER AGENCIES OF PURE ABUSE IN POWER. \n\nThis threat was RECIEVED in us mail XX/XX/XXXX XXXX only 1-1/2 DAYS INTO THE INTENTIONAL Mis handling of XXXX XXXX XXXX protected gov Benifits accounts. \n\nIT TOOK MY EVIDENCES TO THE CFPB TO ALLOW THE TO REPROACH THE BOA COMPLIANCE DEPT- and all but say- WE READ THE EXPLICITLY WRITTEN DETAILED CERTIFIED LETTER BOA COMPLIANCE- just RECENTLY RECIEVED, from XXXX XXXX so start EXPLAINING- THEN BOXED IN YET \" more than obviously aware '' yet BOA HAD TO PRETEXT OUT SOMETHING PER LIES. \n\nSO, read the intentional generalized, LETTER XXXX XXXX WAS FORCED, TO WRITE \" SOMETHING ANY THING. in XXXX ADMITTING \" we are not denying lying \" i guess we got busted so we write AFTER CAREFUL REVIEWING. WE MIS HANDLED IT ALL. \nyea XXXX XXXX. \n\nIT THEN TOOK UNTIL XX/XX/XXXX & XXXX XXXX TO ALLOW XXXX  XXXX TO KNOW- they indeed NEVER TOOK THE FRAUDULENT THREATENING ACTIONS TO FARTHER DESTROY HIS FINACIALLY LIFE AND CREDIT- \" they just did it anyway HOW? BY WHAT THEY CALL THE \" MISHANDLING '' of XXXX  XXXX 's MONEY ACCOUNTS AND XXXX XXXX AND FAMILY BY STARVING THEM OUT- almost 2 full months by additional illegally abuse in power im to many ways to explain in legal terms here. \nAS its WILL all BE IN THE EXPLICITLY EXPLAINED LEGAL SUIT- unless BANK OF AMERICA FINALLY DECIDES ( HELPING XXXX- XXXX GET THEIR WAY- WAS ILLEGAL AND BY XXXX XXXX & more-so CIRCUMSTANTIAL EVIDENCE- per exact date 's, documents- BOA MANAGER XXXX XXXX STATEMENTS- Actions & inactions there of- SAYING AGAIN, DOING AGAIN, more than have time to explain A RECORDING WILL DO FINE. \n\n\n\n\nMaterially interfering with consumers understanding of terms and conditions The first abusiveness prohibition concerns situations where an entity16 materially interferes with the ability of a consumer to understand a term or condition of a consumer financial product or service.17 Material interference can be shown when an act or omission is intended to impede consumers ability to understand terms or conditions, has the natural consequence of impeding consumers ability to understand, or actually impedes understanding. \nActs or omissions Material interference may include actions or omissions that obscure, withhold, de-emphasize, render confusing, or hide information relevant to the ability of a consumer to understand terms and conditions. Interference can take numerous forms, such as buried disclosures, physical or digital interference, overshadowing, and various other means of manipulating consumers understanding. \nBuried disclosures include disclosures that limit peoples comprehension of a term or condition, including but not limited to, through the use of fine print, complex language, jargon, or the timing of the disclosure.18 Entities can also interfere with understanding by omitting material terms or conditions.19 Physical interference can include any physical conduct that impedes a persons ability to see, hear, or understand the terms and conditions, including but not limited to physically hiding or withholding notices.20 Digital interference can include impediments to a persons ability to see, hear, or understand the terms and conditions when they are presented to someone in electronic or virtual format. This form of interference includes but is not limited to user interface and user experience manipulations such as the use of pop-up or drop-down boxes, multiple click-throughs, or other actions or dark patterns21 that have the effect of making the terms and conditions materially less accessible or salient. \nOvershadowing includes the prominent placement of certain content that interferes with the comprehension of other content, including terms and conditions.22 Material interference There are a number of methods to prove material interference with a consumers ability to understand terms or conditions, including but not limited to those described below. First, while intent is not a required element to show material interference, it is reasonable to infer that an act or omission materially interferes with consumers ability to understand a term or condition when the entity intends it to interfere.23 Second, material interference can be established with evidence that the natural consequence of the act or omission would be to impede consumers ability to understand. And third, material interference can also be shown with evidence that the act or omission did in fact impede consumers actual understanding. While evidence of intent would provide a basis for inferring material interference under the first method, it is not a required element to show material interference. \nCertain terms of a transaction are so consequential that when they are not conveyed to people prominently or clearly, it may be reasonable to presume that the entity engaged in acts or omissions that materially interfere with consumers ability to understand. That information includes, but is not limited to, pricing or costs, limitations on the persons ability to use or benefit from the product or service, and contractually specified consequences of default. \nAdditionally, an entitys provision of a product or service may interfere with consumers ability to understand if the product or service is so complicated that material information about it can not be sufficiently explained or if the entitys business model functions in a manner that is inconsistent with its products or services apparent terms. \nTaking unreasonable advantage The second form of abusiveness under the CFPA prohibits entities from taking unreasonable advantage of certain circumstances.24 Congress determined that it is an abusive act or practice when an entity takes unreasonable advantage of three particular circumstances.25 The circumstances are : 1. A lack of understanding on the part of the consumer of the material risks, costs, or conditions of the product or service.26 This circumstance concerns gaps in understanding affecting consumer decision-making.\n\n2. The inability of the consumer to protect the interests of the consumer in selecting or using a consumer financial product or service.27 This circumstance concerns unequal bargaining power where, for example, consumers lack the practical ability to switch providers, seek more favorable terms, or make other decisions to protect their interests.\n\n3. The reasonable reliance by the consumer on a covered person to act in the interests of the consumer.28 This circumstance concerns consumer reliance on an entity, including when consumers reasonably rely on an entity to make a decision for them or advise them on how to make a decision. \nUnder the CFPA, it is illegal for an entity to take unreasonable advantage of one of these three circumstances, even if the condition was not created by the entity.29 The ordinary meaning of the phrase take advantage of is generally to make use of for ones own benefit.30 An advantage can include a variety of monetary and non-monetary benefits to the entity or its affiliates or partners, including but not limited to increased market share, revenue, cost savings, profits,31 reputational benefits, and other operational benefits to the entity. \nThe CFPA prohibits taking unreasonable advantage of the specified statutory circumstances. The term reasonable means [ f ] air, proper, or moderate under the circumstances,32 and conversely, unreasonable means exceeding the bounds of reason or moderation.33 In crafting the abusiveness prohibition, Congress identified categories of practices that distort the market and ultimately harm consumers. Therefore, unlike unfairness, government enforcers do not need to independently prove that an act or practice caused substantial injury in order to establish liability under the abusiveness prohibition.34 Evaluating unreasonable advantage involves an evaluation of the facts and circumstances that may affect the nature of the advantage and the question of whether the advantage-taking was unreasonable under the circumstances.35 Such an evaluation does not require an inquiry into whether advantage-taking is typical or not.36 And even a relatively small advantage may be abusive if it is unreasonable. There are also a number of analytical methods, including but not limited to those described below, that can be used to evaluate unreasonable advantage-taking. \nFirst, when Congress formulated the CFPA, one of its main concerns was financial products and services that may be set up to fail. Before the XXXX financial crisis, mortgage lenders were willing to make loans on terms that people could not afford in part due to the ability to off-load default risk into the secondary market. This led to significant harm to the household sector, which was ultimately transmitted to the broader financial system. \nThe CFPAs legislative history explains that, had the CFPB existed, the CFPB would have been able to see and take action against the proliferation of poorly underwritten mortgages with abusive terms.37 Partly in response to the financial crisis, Congress prohibited certain abusive business models and other acts or practices thatcontrary to many consumer finance relationships where the company benefits from consumer successmisalign incentives and generate benefit for a company when people are harmed.38 In many circumstances, it is unreasonable for an entity to benefit from, or be indifferent to, negative consumer outcomes resulting from one of the circumstances identified by Congress. \nSecond, the CFPAs legislative history emphasized that, as a result of CFPB oversight, a consumer can shop and compare products based on quality, price, and convenience without having to worry about getting trapped by fine print into an abusive deal.39 Unreasonable advantage-taking includes using the statutory circumstances to acquire particular leverage over people or deprive consumers of legal rights.40 Relatedly, advantage-taking may be unreasonable when an entity caused one of the circumstances described in CFPA section 1031 ( d ) ( 2 ) .41 One may also assess whether entities are obtaining an unreasonable advantage by considering whether they are reaping more benefits as a consequence of the statutorily identified circumstances, or whether the benefit to the entity would have existed if the circumstance did not exist.42 In other words, entities should not get a windfall due to a gap in understanding, unequal bargaining power, or consumer reliance. Having said that, section 1031 ( d ) ( 2 ) does not require an investigative accounting of costs and benefits or other form of quantification to make a finding. Instead, one may rely on qualitative assessment to determine whether an entity takes an unreasonable advantage.\n\nLack of Understanding The first circumstance, of which entities can not take unreasonable advantage, as defined in the CFPA, concerns a lack of understanding on the part of the consumer of the material risks, costs, or conditions of the product or service.43 When there are gaps in understanding regarding the material risks, costs, or conditions of the entitys product or service, entities may not take unreasonable advantage of that gap. Such gaps could include those between an entity and a consumer. Certain types of gaps in understanding can create circumstances where transactions are exploitative.\n\nGaps in understanding as to risks encompass a wide range of potential consumer harms. Risks include but are not limited to the consequences or likelihood of default44 and the loss of future benefits.45 Gaps in understanding related to costs include any monetary charge to a person as well as non-monetary costs such as lost time, loss of use, or reputational harm.46 And gaps in understanding with respect to conditions include any circumstance, context, or attribute of a product or service, whether express or implicit.47 For example, conditions could include the length of time it would take a person to realize the benefits of a financial product or service,48 the relationship between the entity and the consumers creditors,49 the fact a debt is not legally enforceable,50 or the processes that determine when fees will be assessed.51 While acts or omissions by an entity can be relevant in determining whether people lack understanding,52 the prohibition in section 1031 ( d ) ( 2 ) ( A ) does not require that the entity caused the persons lack of understanding through untruthful statements or other actions or omissions.53 Under the text of section 1031 ( d ) ( 2 ) ( A ), the consumers lack of understanding, regardless of how it arose, is sufficient. If people lack understanding, entities may not take unreasonable advantage of that lack of understanding. The lack of understanding can be caused by third parties and can exist even when there is no contractual relationship between the person and the entity that takes unreasonable advantage of the persons lack of understanding.54 The statutory text of the prohibition does not require that the consumers lack of understanding was reasonable to demonstrate abusive conduct.55 Similarly, the prohibition does not require proof that some threshold number of people lacked understanding to establish that an act or practice was abusive.\n\nA person may lack understanding of risks, costs, or conditions, even if they have an awareness that it is in the realm of possibility that a particular negative consequence may follow or a particular cost may be incurred as a result of using the product or service.56 But consumers generally do not expect companies to benefit from or be indifferent to certain negative consequences, including but not limited to default. Moreover, consumers may not understand that a risk is very likely to happen or thatthough relatively rarethe impact of a particular risk would be severe.57 The inquiry under section 1031 ( d ) ( 2 ) ( A ) is whether some consumers in question have a lack of understanding, not all consumers or even most consumers. Since there can be differences among consumers in the risks, costs, and conditions they face and in their understanding of them, there may be a violation with respect to some consumers even if other consumers do not lack understanding.\n\nLastly, one can demonstrate a persons lack of understanding in a number of ways. For example, direct evidence of lack of understanding, including but not limited to complaints and consumer testimony, can suffice. Evidence or analysis showing that reasonable consumers were not likely to understand can likewise be used to establish lack of understanding. One can also demonstrate lack of understanding by considering course of conduct and likely consequences. For example, if a transaction would entail material risks or costs and people would likely derive minimal or no benefit from the transaction, it is generally reasonable to infer that people who nonetheless went ahead with the transaction did not understand those material risks or costs.58 Inability of Consumers to Protect their Interests The second circumstance, of which entities can not take unreasonable advantage, as defined in the CFPA, concerns the inability of the consumer to protect the interests of the consumer in selecting or using a consumer financial product or service.59 When people are unable to protect their interests in selecting or using a consumer financial product or service, they can lack autonomy. In these situations, there is a risk that entities will take unreasonable advantage of the unequal bargaining power.60 Thus, Congress has outlawed taking unreasonable advantage of circumstances where people lack sufficient bargaining power to protect their interests. Such circumstances may occur at the time of, or prior to, the person selecting the product or service, during their use of the product or service, or both.\n\nThe consumer interests contemplated in section 1031 ( d ) ( 2 ) ( B ) include monetary and non-monetary interests, including but not limited to property, privacy, or reputational interests.61 People also have interests in limiting the amount of time or effort necessary to obtain consumer financial products or services or remedy problems related to those products or services. This includes, but is not limited to, the time spent trying to obtain customer support assistance.62 A consumers inability to protect their interests includes situations when it is impractical for them to protect their interests in selecting or using a consumer financial product or service.63 For example, when the steps a person would need to take to protect their interests are unknown to the person64 or are especially onerous,65 they are likely unable to protect their interest. Furthermore, people who do not have monetary means may be unable to protect their interests if the only practical method for doing so requires payment of money.66 Of course, merely serving people without monetary means is not abusive. However, it may be abusive to take unreasonable advantage of a persons lack of monetary means to protect their interests.67 The nature of the customer relationship may also render consumers unable to protect their interests in selecting or using a consumer financial product or service. People are often unable to protect their interests when they do not elect to enter into a relationship with an entity and can not elect to instead enter into a relationship with a competitor. These consumer relationships, including but not limited to those with credit reporting companies, debt collectors, and third-party loan servicers, are generally structured such that people can not exercise meaningful choice in the selection or use of any particular entity as a provider. In these circumstances, people can not protect their interests by choosing an alternative provider either upfront ( i.e., they have no ability to select the provider to begin with ) or during the course of the customer relationship ( i.e., they have no competitive recourse if they encounter difficulty with the entity while using the product or service ). Obviously, such relationships are not per se abusive ; however, entities may not take unreasonable advantage of the absence of choice in these types of relationships.68 In addition, entities may not take unreasonable advantage of the fact that they are the only source for important information or services.69 Consumers may also lack power to protect their interests in selecting or using a consumer financial product or service when entities use form contracts, where contractual provisions are not subject to a consumer choice.70 Similarly, where the person is unable to bargain over a clause because it is non-negotiable, they may be deprived of the ability to protect their interests.71 Consumers are often unable to protect their interests in selecting or using a consumer financial product or service where companies have outsized market power. When an entitys market share, the concentration in a market more broadly, or the market structure prevents people from protecting their interests by choosing an entity that offers competitive pricing, entities may not use their market power to their unreasonable advantage.72 In addition, people are often unable to protect their interests in using a product or service if they face high transaction costs to exit the relationship. For example, the time, effort, cost, or risks associated with extricating oneself from a relationship with entities may effectively lock people into the relationship.\n\nReasonable Reliance The third circumstance, of which entities can not take unreasonable advantage, as defined in the CFPA, concerns the reasonable reliance by the consumer on a covered person to act in the interests of the consumer.73 This basis for finding abusiveness recognizes that sometimes people are in a position in which they have a reasonable expectation that an entity will act in their interest to make decisions for them, or to advise them on how to make a decision. Where people reasonably expect that a covered entity will make decisions or provide advice in the persons interest, there is potential for betrayal or exploitation of the persons trust. Therefore, Congress prohibited taking unreasonable advantage of reasonable consumer reliance. There are a number of ways to establish reasonable reliance, including but not limited to the two described below.\n\nFirst, reasonable reliance may exist where an entity communicates to a person or the public that it will act in its customers best interest, or otherwise holds itself out as acting in the persons best interest. Where an entity communicates to people that it will act in their best interest, or otherwise holds itself out as doing so, including through statements, advertising, or any other means, it is generally reasonable for people to rely on the entitys explicit or implicit representations to that effect.74 People reasonably assume entities are telling the truth. The entity in these situations creates an expectation of trust and the conditions for people to rely on the entity to act in their best interest.\n\nSecond, reasonable reliance may also exist where an entity assumes the role of acting on behalf of consumers or helping them to select providers in the market. In certain circumstances entities assume the role of acting on behalf of people as their agents or representatives, and people should be able to rely on those entities to act on their behalf. In other circumstances entities often act as intermediaries to help people navigate marketplaces for consumer financial products or services.75 In these situations, the entity, acting as an intermediary, can function as a broker or other trusted source that the person uses in selecting, negotiating for, or otherwise facilitating the procurement of consumer financial products or services provided by third parties. Where the entitys role in the marketplace is to perform these kinds of intermediary functions, people should be able to rely on the entity to do so in a manner that is free of manipulation.76 In both circumstances, entities that engage in certain forms of steering or self-dealing may be taking unreasonable advantage of the consumers reasonable reliance.77 Footnotes 1. CFPA section 1036 ( a ) ( 1 ) ( B ), 12 U.S.C.5536 ( a ) ( 1 ) ( B ). In CFPA section 1031, Congress prohibited covered persons and services providers from committing or engaging in unfair, deceptive, or abusive acts or practices in connection with the offering or provision of\nconsumer financial products or services. CFPA section 1031 ( d ) sets forth the general standard for determining whether an act or practice is abusive. See 12 U.S.C. 5531 ( d ). \n2. See, e.g., FTC v. Standard Educ. Socy,\n\n86 F.2d 692, 696 ( 2d Cir. 1936 ), revd in part on other grounds, 302 U.S. 112, 116 ( 1937 ) ( describing the congressional prohibitions intended to regulate methods of fair dealing in the marketplace ). Certain other Federal consumer financial laws, including the Fair Debt Collection Practices Act ( FDCPA ) and the Home Ownership and Equity Protection Act ( HOEPA ), reference either the term abusive or abuse. See 15 U.S.C. 1692d ( FDCPA ), 15 U.S.C. 1639 ( p ) ( 2 ) ( B ) ( HOEPA ). The Telemarketing and Consumer Fraud and Abuse Prevention Act also directed the Federal Trade Commission ( FTC ) to prescribe rules prohibiting deceptive telemarketing acts or practices and other abusive telemarketing acts or practices. 15 U.S.C. 6102 ( a ) ( 1 ).\n\n3. In 1914, Congress passed the FTC Act, which declared as unlawful unfair methods of competition but did not define the term unfair. Act of Sept. 26, 1914, ch. 311, sec. 5 ( a ), 38 Stat. 717, 719 ( codified at 15 U.S.C. 45 ( a ) ). Congress intended that this prohibition would capture conduct that caused competitive harm yet remain flexible enough to allow the law to develop and avoid circumvention. As the Supreme Court explained in 1934, [ n ] either the language nor the history of the Act suggests that Congress intended to confine the forbidden methods to fixed and unyielding categories, and Congress, in defining the powers of the FTC, advisedly adopted a phrase which... does not admit of precise definition, but the meaning and application of which must be arrived at by... the gradual process of judicial inclusion and exclusion. FTC v. R.F. Keppel & Bro., 291 U.S. 304, 310, 312 ( 1934 ) ( internal quotation marks omitted ). \n4. In 1938, in the Wheeler-Lea Act, Congress amended the FTC Act to declare as unlawful unfair or deceptive acts or practices. Wheeler-Lea Act, ch. 49, sec. 3, 52 Stat. 111, 111-14 ( 1938 ) ; 15 U.S.C. 45 ( a ). As it had done previously with unfair methods of competition, Congress did not define this term, instead intending for it to be developed over time. See Am. Fin. Servs. Assn v. FTC, 767 F.2d 957, 978 ( D.C. Cir. 1985 ) ( AFSA ) ( [ N ] either Congress nor the FTC has seen fit to delineate the specific kinds of practices which will be deemed unfair.... Instead the FTC has adhered to its established convention, envisioned by Congress, of developing and refining its unfair practice criteria on a progressive, incremental basis. ).","date_sent_to_company":"2023-07-10T14:30:35.000Z","issue":"Managing an account","sub_product":"Checking account","zip_code":"78664","tags":"Older American","has_narrative":true,"complaint_id":"7231909","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2023-07-10T14:10:10.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Deposits and withdrawals"},"highlight":{"complaint_what_happened":["IT TOOK MY EVIDENCES TO THE CFPB TO ALLOW THE TO REPROACH THE BOA <em>COMPLIANCE</em> DEPT- and all but say- WE READ THE EXPLICITLY WRITTEN DETAILED CERTIFIED LETTER BOA <em>COMPLIANCE</em>- just <em>RECENTLY</em> RECIEVED, from XXXX XXXX so start EXPLAINING- THEN BOXED IN YET \" more than obviously aware '' yet BOA HAD TO PRETEXT OUT SOMETHING PER LIES."]},"sort":[7.4108047,"7231909"]},{"_index":"complaint-public-v1","_id":"19759982","_score":6.9126816,"_source":{"product":"Mortgage","complaint_what_happened":"DECEPTIVE OMISSION OF LATENT GEOLOGIC HAZARD, UNFAIR TRADE PRACTICES & CONCEALMENT OF PUBLICLY DOCUMENTED SINKHOLE ( FDEP REF # XXXX / SWFWMD COMPLIANCE # XXXX ) Sinkhole was reported XXXX and is in XXXX state public records, to include XXXX permitting database. \nXXXX XXXX XXXX marketed and sold residential properties in the Veteran-designated XXXX XXXX subdivision despite multiple layers of public records documenting a geologic hazard. These include a XXXX XXXX verified sinkhole and a XXXX XXXX  lack of investigation on illegal dumping complaint into that same sinkhole. Lennar failed to disclose these hazards, failed to provide proof of sinkhole remediation, and recently used high-pressure NDA settlement XXXX possibly, in attempt to waive future structural liability for my foundation concern. \nXXXX. CHRONOLOGY OF PUBLIC KNOWLEDGE XXXX : FDEP records document a \" Verified Sinkhole Unknown '' ( Ref # XXXX ) located within the development site. This Is Sinkhole a True Event - field designated IF visited by professional geologist - \" Unknown '' was never formally remediated or cleared by a licensed Professional Engineer ( P.E. ), yet the land was developed as \" buildable. '' XX/XX/XXXX : XXXX received a complaint about illegal dumping into sinkhole XX/XX/XXXX : The XXXX Florida Water Management District ( XXXX ) issued a notice regarding Compliance No. XXXX as acknowledgement of receipt of that complaint and relaying it to the landowner on illegal dumping into sinkhole complaint. \nXX/XX/XXXX : XXXX did not complete inspection of the site. Internal documents, available upon request, specify that inspector could not access the site and instead took landowner 's word of no issues. Landowner lives in GA? And her Company is not in XXXX? Please verify if this is what the notes include. Yet, XXXX allowed permit to remain. \nDocumented Allegations : This XXXX notice explicitly states the District received a complaint alleging \" illegal dumping occurring on site, possibly into an existing old sinkhole '' at the XXXX XXXX XXXX ( XXXX No. XXXX ), same land XXXX XXXX XXXX is on today. \nPresent Day - Current Status & Material Omissions : Despite documented public warnings of subsidence and illegal dumping, Lennar Homes LLC and its affiliates brought these residential properties to market as 'buildable \" sites without disclosing the pre-existing geologic hazards to purchasers.\n\nWhile Lennar may claim they were not the original land developer, they acted as the declarant and ultimate merchant of these homes, thereby adopting the site 's history and assuming a duty of care. By patronizing and profiting from a subdivision built atop a verified, not officially remediated sinkhole ( FDEP # 16-794 ), Lennar has effectively ratified the prior failures in site preparation. Their failure to provide homeowners with disclosurewhile simultaneously utilizing restrictive NDA tactic to waive structural liabilityindicates a deceptive trade practice designed to shift the catastrophic risk of a known latent hazard onto the homebuyer.\n\nAnd I trusted the system, so naive, expecting laws and regulations to apply equal to all. I trusted the process until one day I started noticing soil collapse patterns at one side of the retention pond. HOA/We just paid XXXX  XXXX to fix this incident of erosion. Something tells me this will be a financial sinkhole for us as it keeps subsiding. \n\nXXXX. SPECIFIC ALLEGATIONS Violation of FDUTPA - Lennar and affiliates omitted the 1981 and 2013 public records of subsidence and illegal dumping during the sales process.\n\nRegulatory Misrepresentation - Permits were obtained ( XXXX  # XXXX, XXXX, XXXX, and XXXX ) using applicant-supplied data that did not address the known sinkhole or the XXXX illegal dumping investigation. \n\nFailure of Fiduciary Duty - created a HOA subdivision despite lack of amenities. HOA management, like many, prioritizes aesthetics over water conservation ( F.S. 373.185 ), risking runoff into the un-remediated sinkhole and contaminating the XXXX XXXX. \n\nXXXX. ATTEMPTED LIABILITY WAIVERS When confronted with foundation crack and lateral movement, Lennar has provided an NDA settlement for tile rather than a thorough inspection. This NDA agreement requires homeowners to release Lennar from all future warranties, statutory claims, and code violations, while specifically excluding the very foundation concerns being raised.\n\nAdditionally, baby live oaks were planted in close proximity to homes on TINY LOTS in close proximity to homes and utilities. Possibly, someone receive environmental credits for these canopy trees.\n\nLennars installation of baby XXXX XXXX ( huge at maturity ) on tiny lots in immediate proximity to homes and utilities built near an undisclosed sinkhole probably skipping risk mitigation steps- creates a dual-threat hazard. \nAs these root systems mature, they are biologically certain to destabilize foundations and penetrate subterranean utility lines. By explicitly designating 'root system maintenance ' as a homeowner responsibility, Lennars home warranty no longer applies.\n\nWhile Florida law ( F.S. 163.045 ) provides specific protections for the removal of residential trees that pose a risk to persons or property, yet XXXX, PRIOR TO TURN OVER, gave me difficult time. Why would Lennars HOA not want me to remove a tree which is too close to sewer lines? Years of stressful situation that I had to deal with. Situations that now seem very engineered to serve a specific purpose, and not in favor of homeoners. \nAdditionally, there is no justification for a developer to install HOA when there are no amenities ; the only concern the XXXX has is \" green, pretty lawns in close proximity to this same reported 2x SINKHOLE. This prioritizes aesthetic maintenance over statutory water conservation ( F.S. 373.185 ), local ordinances, and the safety of the XXXX XXXX. Why? So when sinkhole opens up, Lennar blames XXXX for excessive irrigation? XXXX, water bills/usage are public record. \n\n\nAnd despite references in FL Friendly Landscaping Legislature, HOAs do not identify or enforce LOCAL IRRIGATION ORDINANCES, as we learned in our subdivision, where now PD patrols for irrigation violations.\n\n4. REQUESTED ACTION I request that the Office of the Attorney General investigate Lennar Homes LLC for systematic non-disclosure of known geologic hazards and mandate a full, independent geotechnical subsurface investigation ( Standard Penetration Testing ) for this community. \n\nPermit # XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX from The Florida Department of Environmental Protection doesn't allow to see sinkholes once zoomed in. Use reference # XXXX in the search bar. \nXXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX Sinkhole map was provided later by FL DEP when addressing the glitch in the publicly available sinkhole map. \nXXXX XXXX XXXX XXXX XXXX XXXXXXXX","date_sent_to_company":"2026-04-06T13:44:05.000Z","issue":"Applying for a mortgage or refinancing an existing mortgage","sub_product":"VA mortgage","zip_code":"33830","tags":"Servicemember","has_narrative":true,"complaint_id":"19759982","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Lennar Financial Services, LLC","date_received":"2026-02-24T23:45:32.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Confusing or misleading advertising or marketing"},"highlight":{"complaint_what_happened":["Lennar failed to disclose these hazards, failed to provide proof of sinkhole remediation, and <em>recently</em> used high-pressure NDA settlement XXXX possibly, in attempt to waive future structural liability for my foundation concern. \nXXXX. CHRONOLOGY OF PUBLIC KNOWLEDGE XXXX : FDEP records document a \" Verified Sinkhole Unknown '' ( Ref # XXXX ) located within the development site."]},"sort":[6.9126816,"19759982"]},{"_index":"complaint-public-v1","_id":"8234693","_score":5.6608076,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"This is to complain against the Wells Fargo Bank ( WFB ).\n\nURGENCY : HIGH IMPORTANCE : HIGH [ WITHOUT PREJUDICE ] I wish to practice my right as a customer of WFB to use your organisation 's service, seeking a formal, impartial investigation to amicably settle my dispute ( Ref : XXXX ) with WFB. \nIn order to clear up the myriad of letters and correspondences I have hitherto sent to WFB respecting my complaint, I believe it will substantially strengthen both my case and your understanding, by taking a deeper look at the happenings of my case, and analysing the relevant facts in an objective and comprehensive fashion.\n\nIt is crucial to note that I have been manipulated, socially-engineered and coerced to engage these fraudulent criminals. Much to my embarrassment, I recognise that I am the victim of an investment scam. \nMy complaint to the CFPB has arisen as I do not consider, by any stretch of the imagination, the conduct of WFB to be commensurate with their legal role and responsibility to their customers. They sell a service to look after their customers, protect their money and are a financial institution that maintains a traditional relationship and way of working with its customers.\n\nDuring the complaints process with WFB, I found their communication ineffective, which further hides their conduct to management and diminishes the service offering to their clients. They are struggling to adapt their business offering in the ever-changing world of IT development. The internet is presenting a real problem which they choose to manage in a way which is not in line with rules and regulations of CFPB as well as their own internal policy and procedures sold to their clients. \nGeneral Obligation : Between XXXX  and XX/XX/, I fell victim to XXXX  multi-layered scam operations run by XXXX which involved me making deposits for a total amount of XXXX USD from my WFB account to fraudulent investment firm ( s ). \nWhen determining whats reasonable and fair, we should focus on the issue of liability ; common queries include, but are not limited to, the following ( i ) whether WFB did not take notice of any rule, law, or regulation, and/or possibly missed any material elements of the relevant bylaws or codes of conduct, that may have prevented them from protecting my financial safety ; ( ii ) whether by virtue of WFBs custodianship over my funds or by its control over them, they owed a fiduciary duty to the me and if so, whether that duty was breached ; ( iii ) whether WFB promoted the transaction ( s ) in question despite being aware of the nature of the transaction ( s ) in question ( iv ) whether WFB was in compliance with its own policies and procedures ; ( v ) whether WFB owed duties to myself, what the scope of those duties was, and whether WFB did not uphold those duties ; ( vi ) whether WFBs conduct was unfair ; and ( vii ) whether WFB has within its power the ability to, and should, compensate me for the harm that has befallen me.\n\nUpon identification of such unusual or suspicious activity, it is crucial that the relevant staff member adequately describe the factors making an activity or transaction suspicious, thoroughly depict the extent and nature of this activity and properly communicate to the customer that such activity meets the relevant criteria of fraud. \nIn providing its services to a customer, a financial institution is required by law to exercise the care and skill of a diligent, prudent banker. In this case, this means that the payment service provider should not turn a blind eye to known facts pointing to a real possibility that their customer is being scammed. In other words, WFB must have had special knowledge of what was occurring or been alerted to a real possibility of fraud taking place. The financial institution must have known or reasonably ought to have known that I was dealing with a scammer.\n\nGranted, there is room for diversity of view insofar as reasonableness is concerned. Indeed, there is a sense in which the standard of care of the reasonable person involves in its application a subjective element.\n\nHowever, it must be remembered that the correct test is always reasonable care in all circumstances, not average care. The fact that most people behave in a certain way may be good evidence that the conduct is reasonable, but this is not necessarily the case. Although reasonableness is a very fluid concept, all of the evidence suggests that WFB did not foresee the fraud and disregarded even the most obvious dangers in this respect.\n\nSituations do tend to repeat themselves and it is advisable to examine previous outcomes to see how the standard of the reasonable person should be applied, and that lessons can be learnt from the errors of the past.\n\nWFBs Position : On XX/XX/2023, WFB wrote in a letter Recently, your fraud inquiry was forwarded to us for our review. We found that between XXXXand XX/XX/2023, you authorized multiple wire transfers totaling {>= $1,000,000} for the benefit of XXXX XXXX XXXX XXXX XXXX As the money will not be returned from the receiving bank, we are not able to reimburse you. At this time, we consider your inquiry closed.\n\nPlease note that a wire transfer is an immediate form of payment and can not be reversed after the funds have been deposited in the beneficiary 's account, even if you believe you are a victim of fraud. To learn more about protecting yourself from fraud, visit our Fraud Protection Center at wellsfargo.com/privacy-security/fraud/.\n\nRefuting WFBs arguments from a purely logical perspective : WFBs position is that the features of the situation at hand do not generate a genuine obligation to protect innocent and helpless victims ; they are essentially arguing that common-sense-based approaches are doomed to fail, leaving their exclusively technical account of the subject matter as the only meaningful choice. For reasons which are unclear, this extremely serious situation barely gets the attention it deserves even though ample evidence has been offered in support of this complaint.\n\nIn WFBs view, it is implied that we should not home in ( and consequently rely ) on unwritten laws, practicality, good judgement, reasonableness, sharpness, sensibleness, past outcomes, and insight, when taking appropriate precautions. To underscore, once again, such views are at odds with common sense and are wildly irresponsible.\n\nImagine a view according to which the one and only thing that can make WFB morally obligated to do something is having it written down somewhere. Pursuant to this view, if WFB encounter the suffering of totally naive victims, they are only obligated to intervene in or remedy the situation, to the degree required by written material. This is unbecoming for a reputable establishment such as WFB.\n\nI have reviewed the material hereto sent by WFB carefully, and it unfortunately provides no response to my fundamental argument concerning the degree of care. Given its size, influence, and the resources at its disposal, this establishment clearly had a far greater capacity than an individual such as myself had, to determine the level and likelihood of risk that a client such as myself is subjected to and had a duty to intervene as they now do to query in particular out-of-pattern transactions of this kind.\n\nIt is perfectly obvious that WFB, inadvertently, employs a subtle approach in addressing some of the key questions in a manner which neither provides me with adequate support nor protects anything other than its own interests.\n\nIt is WFB here, who has the burden of proof, to show that it has exercised the duty of care, that is to say, that WFB adhered to a standard of reasonable care in relation to the matter at issue given its extensive experience compared to mine. It is WFB that claims that the damages which I have suffered in connection to this matter have not been reasonably foreseeable, and that my proposed degree of care is not, and has not been, commensurate with WFBs capacity, experience, expertise, or scope of services in any way. To reemphasize, WFBs indisputable overriding purpose is by no means to purely execute transactions in a blind and blank fashion, but rather to strike a balance between executing those transactions and capitalising on its undeniably vast capabilities to protect consumers thereby enhancing market integrity.\n\nApropos of the fluidity of the concept of reasonableness, all WFB has done in this regard is set up a dichotomy of having or not having the legal obligation under consideration, however, that does not go one-inch toward explaining why various regulatory authorities, has maintained that financial institutions can, and should, protect consumers using their systems, advanced technologies, and rich experience.\n\nWFB is obliged to take some action if it is sufficiently aware of a real possibility that a fraud may be being perpetuated. If you don't question its customers instructions or raise the possibility of a scam with the customer in these circumstances, it may be liable if the red flags indicate the customer is : particularly vulnerable, or if the possibility of fraud was serious or real, not just suspected. \nThere are some recommendations to organisations for protecting customers from financial harm that might occur as a result of fraud or financial abuse ; and gives guidance on how to recognise customers who might be at risk, how to assess the potential risks to the individual and how to take the necessary actions to prevent or minimise financial harm.\n\nThese recommendations are established as a general principle, the organisation should deliver a service that : 1 ) Takes a proactive approach to minimising risks, impact and incidences of financial harmand it sets out systems and tools for the prevention and detection of fraud and financialabuse. As a general point, it says organisations should ensure that all systems aredeveloped using technologies and methodologies that are effective in the prevention offraud and financial abuse, through authorised and unauthorised payments, therebyminimising the risk of financial harm to customers. As regards to the detection of fraud andfinancial abuse, it says the organisation : A ) should have measures in place across all payment channels and products to detectsuspicious transactions or activities that might indicate fraud or financial abuse. It thenlists the following examples of suspicious activity on customer accounts : a.multiple cheque books ; b.sudden increased spending ; c.transfers to other accounts ; d.multiple password attempts ; e.logins from new devices, multiple geographical locations ; f.sudden changes to the operation of the account ; Unusual transactions aretransactions whose amount, characteristics and frequency bear no relation to the economic activity of the customer, exceed normal market parameters or have no apparent legal justification.\n\ng.a withdrawal or payment for a large amount ; h.a payment or series of payments to a new payee ; i.financial activity that matches a known method of fraud or financial abuse.\n\nB ) organisations should have a process in place to ensure that staff make contact withthe customer to verify the financial activity, challenge its authenticity, explain the natureof the suspected or detected fraud and discuss an appropriate plan of action.\n\nWFB are yet to show, or otherwise provide me with, a compelling argument that their wide-ranging experience and wealth of specialist knowledge in detecting transactional anomalies were not sufficient to avert the fraud at issue. By contrast, I have provided a multitude of sound and powerful reasons by which requiring their involvement has not only been pressingly relevant but also eminently reasonable and well-justified.\n\nRather than empathising with and undertaking substantial efforts to convey their knowledge of the existence of such regulations abroad and thereafter use it to protect and proactively relieve the plight of consumers who have been cheated out of their money and whose role in society is properly fulfilled, positively contributing to local economic growth, development and sustainability WFB adopts a rather insouciant attitude toward my financial predicament portrayed herein.\n\nI am deeply convinced that the disastrous results that I have previously elaborated upon will continue to ensue if no responsibility is adopted by WFB in relation to this matter. I have also thoroughly detailed why they can not simply dismiss this problem by strictly adhering to legal technicalities which, after careful reflection, struck me as being nothing more than self-interest. Indeed, it seems to me utterly unfair to disregard fragile, sensitive, and vulnerable consumers who are afflicted by such allegedly malevolent acts, thereby keeping an unjust status-quo that is corrupting our society at its core. \nConclusion : Based on my analysis, and as confirmed by various authorities concerned with such matters, there is abundant evidence that forward-thinking financial institutions ought to take reasonable steps to forestall fraud, or at least mitigate its risk by using an effective risk management system, demonstrating their undisputed ability to responsibly and pre-emptively respond to questionable transactions in the digital arena. The use of such systems, largely based on newly adopted technologies aimed at effectively navigating the evolving threat landscape, is only XXXX of a number of possible endeavours undertaken in this connection, alongside the application of past knowledge and experience related to popular fraudulent practices. \nAstonishingly, I am pondering how it is that, despite being shown that WFBs business conduct was insufficient insofar as background checks are concerned, they keep refuting their indisputable role and responsibility in connection with the matter herein discussed. The points that I have hitherto made are too crucial to be taken lightly. WFBs non-observance of the fundamental principles of justice that is, to completely overlook and not even remotely try to mitigate the suffering of vulnerable consumers is inexcusable given the size of the establishment and the vast resources at its disposal as the direct result of the patronage of clients like myself.\n\nIf it was, indeed, solely my responsibility, we must then believe at least one of the following clauses : a ) financial institutions have absolutely no role whatsoever in preventing and detecting fraud, b ) the fraud in question was not reasonably foreseeable, or c ) the transactions in question were not sufficiently alarming. It is extremely unfortunate that WFB pushes quite hard for me to believe all three of these thingsdespite evidence to the contrary.\n\nIn summary, I respectively ask your organisation to consider my points, given your personal and companywide obligation to provide a fair and reasonable investigation into the complaint.\n\nI look forward to your input and would gladly cooperate to reach a fair and reasonable outcome.\n\nThank you. \nXXXX XXXX XXXX","date_sent_to_company":"2024-01-27T15:35:22.000Z","issue":"Fraud or scam","sub_product":"Virtual currency","zip_code":"91011","tags":null,"has_narrative":true,"complaint_id":"8234693","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2024-01-27T15:11:05.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["By contrast, I have provided a multitude of sound and powerful reasons by which <em>requiring</em> their involvement has not only been pressingly relevant but also eminently reasonable and well-justified."]},"sort":[5.6608076,"8234693"]},{"_index":"complaint-public-v1","_id":"5764423","_score":5.560058,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"TO : XXXX XXXX XXXX : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX This letter is a formal complaint that you are reporting inaccurate and incomplete credit information. I am distressed that you have included the below information in my credit profile and have failed to maintain reasonable procedures in your operations to assure maximum possible accuracy in the credit reports you furnish. I am maintaining a careful record of my communications with you for the purpose of filing a complaint with the FTC and or a civil suite should you continue in your non-compliance. I further remind you that, as in 15 U.S. Code 1681 ( n ), you may be liable for your willful non-compliance. Credit reporting laws ensure that financial institution must report only 100 % accurate credit information. Every step must be taken to assure the information reported is completely accurate and correct. The following information therefore needs to be reinvestigated. Congress has also stated that unfair credit reporting undermines public confidence, which congress has made clear, is essential to the continued functioning of the banking system. Which you fail to do. \n\nPursuant 15 U.S Code 166b ( a ), A creditor may not treat a payment on a credit card account under an open-end consumer credit plan as late for any purpose. \n\nIn responds of my CFPB complaint ID XXXX, as shown in Exhibit ( A ) you have stated my review confirms that we provided you with notice about our information sharing practices in the Welcome Letter we sent to you on XX/XX/XXXX. That letter stated : WE MAY REPORT INFORMATION ABOUT YOUR ACCOUNTS TO CREDIT BUREAUS. LATE PAYMENTS, MISSED PAYMENTS OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE REFLECTED IN YOUR CREDIT REPORT. We also sent you a copy of our Annual Privacy Notice on XX/XX/XXXX Prior to that, you acknowledged and agreed to the terms and conditions of the enclosed Consent and Authorization form allowing us to run your credit as part of your application process. you also acknowledged and agreed to the terms of the enclosed Application, which provided your consent to standard credit review language. Your privacy rights were not infringed by Credit Acceptance checking your credit as part of the application process or accurately reporting your account status to the credit bureaus. \n\nYour Company 's Consent and Authorization Form you have sent in response of my CFPB Complaint ID XXXX and XXXX Complaint as shown in Exhibit ( A ) DOES NOT include an option to opt out of credit reporting that you must provide according to 15 U.S. Code 6802. 15 U.S Code 6802 -Obligations with respect to disclosures of personal information states \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unlesssuch financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and the consumer is given an explanation of how the consumer can exercise that nondisclosure option ''. You did not give me the option to exercise a nondisclosure option. \n\nYour Companys consent and authorization form mentions the Gramm-leach Bliley Act, it talks about you reporting my nonpublic person information, but I am aware that in accordance with the Gramm-leach Bliley Act, I the consumer have the right to know where and how to direct disclosure of my nonpublic information and should have been given a clear and conspicuous explanation of how to exercise that nondisclosure option. I have NEVER received such an explanation. The ( GLB ) Financial Privacy Rule under 16 CFR Part 313 states the regulations require financial institutions to provide particular notices and to comply with certain limitations on disclosure of nonpublic personal information. A financial institution must provide a notice of its privacy policies and practices with respect to both affiliated and nonaffiliated third parties, and allow the consumer to opt out of the disclosure of the consumers nonpublic personal information to a nonaffiliated third party if the disclosure is outside of the exceptions. YOUR OBLIGATIONS UNDER THE PRIVACY RULE, Privacy Notices, The Contents of the Privacy Notice, The Appearance of the Privacy Notice, Safeguarding NPI, Delivering Privacy Notices, Opt-Out Notices, General Obligations Exercising the Opt-Out Right, The Shelf Life of an \" Opt-Out '' Direction, Summary Of Notice Requirements Exceptions. \nI am aware as a XXXX XXXX, you are to make sure your company is in compliance with the law 100 %. \n\nYouve also stated in Exhibit A, As of XX/XX/XXXX, we are accurately furnishing your account status to the credit bureaus as 180 days or more past the due date. This information is consistent with your account history and your enclosed payment history, which shows you have not made a payment since XX/XX/XXXX. I recently pulled my credit report on XX/XX/XXXX it shows you are in fact still reporting my nonpublic information inaccurate as shown in Exhibit ( B ). you are reporting 180 days past due to XXXX and not XXXX and XXXX. In the Payment status section of my credit report, you are reporting to XXXX 120 days late, XXXX 120 days late and to XXXX 180 days late. In the date of last payment status section of my credit report you are reporting to XXXX a last payment date of XX/XX/XXXX but in the two-year history section of my credit report you are reporting to XXXX a last payment date of XX/XX/XXXX. In the date of last payment status section of my credit report you are reporting to XXXX a last payment date of XX/XX/XXXX but in the two-year payment history section you are reporting XX/XX/XXXX. Also, to XXXX you are reporting a date of last payment of XX/XX/XXXX but in the two-year payment history section of my credit report you are reporting to XXXX XX/XX/XXXX XXXX But you stated in you CFPB response that my last payment was XX/XX/XXXX. So, when was my last payment exactly? You are also reporting to all 3 credit reporting agencies a different past due balance, XXXX and XXXX {$2200.00} and XXXX {$1800.00}, but in your CFPB Complaint you stated on XX/XX/XXXX that your account is past due {$3100.00}. Nothing of what you are reporting is accurate, nor is it fair and equitable to me. what you are reporting is not consistent with what have stated in your CFPB response by any means. this is a violation of the FCRA 15 U.S Code 1681 ( a ) Accuracy and fairness of credit reporting and 15 U.S Code 1692 ( a ) Abusive Practices. \n\nPlease provide the written instructions that I, the consumer gave to Credit Acceptance, which has authorized the furnishing of any nonpublic information. If you can not provide me with these instructions written by me prior to this notice, this has been a fraudulently furnished consumer report using my identifying information and Credit Acceptance Corp must update the following late payment to PAID AS AGREED or DELETE to all consumer reporting agencies immediately to protect against further unauthorized access to or my nonpublic personal information. \n\nIf credit acceptance, can not provide me with proof such a tracking number or a certified mail return receipt proving your company sent me a Welcome Letter on XX/XX/XXXX, providing proof your company adopted reasonable procedures to ensure my periodic statement was delivered to me no later than 21 days before the payment due date, this alleged late payment must be removed. Or I am demanding the following late payment are updated to \" PAID AS AGREED of each late payment is summited to the credit reporting agencies immediately to prevent me from receiving more harm because of the fraud that has taken place. \n\nUntil the requested documentation is received, this request for documentation shall be treated as a BILLING ERROR and an ERRONOUSLY BILLED AMOUNT section 1666 of title 15XXXX Credit acceptance, as the creditor may not collect any dispute amount. As a federally protected consumer, who does not need to pay, the creditor can not restrict, accelerate payment, close an account and or make or threaten any adverse reporting to any person about the consumers credit standing without resolving the billing error. \nAny information listed on my consumer report must be verified or immediately removed. I am due for a thorough and proper investigation. Please send me any information regarding my request and an updated consumer report showing that the abovementioned demands have been met. As a gentle reminder, this is my final attempt at peaceful mediation. Your failure to comply will result in me pursuing civil for damages action pursuant to 15 U.S Code1692 ( k ) and 15 U.S Code 1640. Also, your failure to comply will result in civil liability Pursuant to 15 U.S Code 1681 ( n ). \n\nI am aware, the making of any false, fictitious, or fraudulent statement or representation to a customer of a finical institution such as reporting inaccurate information is a direct violation of 15 U.S Code 6821 ( a ) ( 2 ). I am also aware that whoever violates 15 U.S Code 6821 such a false, fictitious, or fraudulent statement or representation to a customer of a financial institution will be held liable under 15 U.S Code 6823 ( a ) to fines under Title 18 U.S Code 3751 with fines up to {$500000.00} or imprisoned for up to five years or both. \n\nThanking you in advance for your precipitated quick co-operation on this important matter.","date_sent_to_company":"2022-07-12T10:09:30.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"151XX","tags":null,"has_narrative":true,"complaint_id":"5764423","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CREDIT ACCEPTANCE CORPORATION","date_received":"2022-07-12T09:34:33.000Z","state":"PA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["The ( GLB ) Financial Privacy Rule under 16 CFR Part 313 states the regulations <em>require</em> financial institutions to provide particular notices and to comply with <em>certain</em> limitations on disclosure of nonpublic personal information."]},"sort":[5.560058,"5764423"]},{"_index":"complaint-public-v1","_id":"8347739","_score":5.5290613,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"15 U.S. Code 1681b Permissible purposes of consumer reports. ( a ) In general, subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18. \n( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\nI recently viewed my consumer report and noticed some unauthorized credit reporting. XXXX XXXX furnished a consumer report that I never gave written permission to share this information with any third parties, including consumer reporting agencies. I was not given the opportunity to opt out of any reporting to any third-party entities. XXXX XXXX is in clear violation of the law. \n\nThe company also violated 18 USC 1028A - aggravated identity theft because I never gave permission to share any information with a third party. Violation of the Fair Credit Privacy Act of 1974 ( 5 U.S. Code 552a ), Reporting Act 15 U.S. Code 1681 - Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. ( b ) Reasonable procedures. It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner that is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. As you can see, there is a need for me to protect my right to privacy.\n\nReporting Act P.L 90-321 ( 82 Stat. 146 ), which is the law that backs the code, is even stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ) 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports. Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. No adverse item besides the conviction of crimes should be on the report, and any item that is a derogatory mark is not allowed onto consumer reports, which is another violation.\n\n12 CFR 1022.3 Definitions \" identity theft '' means a fraud committed or attempted using the identifying information of another person without authority. Anything added to your report without your written consent may be considered identity theft. 15 U.S. Code 1681c2 - Block of information resulting from identity theft. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft. Upon receiving my Consumer Disclosure report from ( 3rd Party Reporting Agency ), discoveries relating to the information provided from said party ( XXXX ) have revealed a plethora of violations committed by multiple 3rd party affiliates, non-affiliates, or any and every entity which may be recognized in addition through further investigation from past, present, and future furnishing of my nonpublic private information. \n\nThese are issues I wish to address due to all parties who may have breached the terms and agreements leading to have adversely affected my rights under the Fair Credit Billing Act. The sharing of my personal information was done without my written consent. From the disclosure of numerous non-public personal information including but not limited to discrepancies, errors, inaccuracies, derogatory marks, all of which has caused irreparable damage to my character and creditworthiness. The information disclosed to 3rd parties has negatively affected approval and access to credit.\n\n15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. ( b ) Reasonable procedures. It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. There is an absolute need to protect my privacy from unlawful use by Financial Institutions including CRA. Any report furnished must have my written consent. Since I did not authorize the furnishing of a bankruptcy, it is a violation of the Fair Credit Reporting Act. 82 Stat. 146. This law is stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ). \n\nAll current and former affiliates who may have given information without my permission such as but not limited to the reporting of a bankruptcy do not have my permission, which are all violations, and I require immediate change of status to removal. 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports. Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. No adverse item besides the conviction of crimes should be on my report, and any item that is a derogatory mark is not allowed into consumer reports. In the event that XXXX continues to attempt to justify reporting a bankruptcy case, where they believe permission was granted ( which they do not ) from any entity with my nonpublic personal information, all the disputes I request to be removed are considered derogatory marks which have and may have resulted in negatively affecting my credit rating.\n\n15 U.S. Code 1681e - Compliance procedures ( a ) Identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report. Whenever a consumer reporting agency prepares a consumer report, it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. Lexus-Nexus is in violation of section 1681b for permissible purpose and 1681c for information contained in consumer reports. XXXX is also violating compliance procedures under this title. \n\n15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general. Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than { { {$100.00} } } and not more than { { {$1000.00} } } ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or { { {$1000.00} } }, whichever is greater ; I have contacted Lexus-Nexus about this bankruptcy being reported, alerting them of their mistake, which has remained unresolved and ignored. This is a violation of willful noncompliance understanding of the violations after my complaints were made the 1st time. XXXX being a Financial Institution and Consumer Reporting Agency has strict obligations to adhere to the laws put in place to protect the consumers right. They are aware that they are breaking the law.\n\n15 U.S. Code 1681o - Civil liability for negligent noncompliance. In general. Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure. If the law was violated not on purpose but just due to a lack of knowledge on the required reporting procedures, they are still liable for correcting these violations which have been made clear in this complaint if, in fact, their actions or lack thereof were due negligence.\n\n15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 1 ) Prohibition. ( A ) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. ( B ) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. I have notified the consumer agencies that there is inaccurate information. They must immediately stop reporting that information until they can prove that it is valid, which continues to be denied. \n\n15 U.S. Code 6802 - Obligations with respect to disclosures of personal information. ( a ) Notice requirements. Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( 1 ) In general. A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( 2 ) Exception. This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. ( c ) Limits on reuse of information. Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. ( d ) Limitations on the sharing of account number information for marketing purposes. A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. \n\n5 U.S. Code 552a - Records maintained on individuals. ( n ) Mailing Lists. An individual 's name and address may not be sold or rented by an agency unless such action is specifically authorized by law. This provision shall not be construed to require the withholding of names and addresses otherwise permitted to be made public. All inquiries on my report using my name and address given to nonaffiliated 3rd party entities that may have been sold for marketing and/or promotional purposes were done so without my permission, which is a violation. If inquiries are not from an open account on a credit report, they must remove the inquiry. If continued refusal to remove all inquiries from my report, all agencies must send documentation that was used to verify I have an open account with any and all agencies in question.\n\n12 CFR 1016.7 Form of opt-out notice to consumers ; opt-out methods. Section ( a ) ( 1 ) Form of opt-out notice. If you are required to provide an opt-out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt-out right. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements. Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( b ) Opt-out. ( 1 ) In general. A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. XXXX has denied my right to opt out. \n\n15 U.S. Code 6805- Enforcement. ( a ) In general. Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law. Per the FCRA as a federally protected consumer, I am now opting out of any and all authorization I the consumer may have given you written, unwritten, verbal, and non-verbal per 15 USC 6802. Any information that wishes to be added to my report will not be permitted without my notification, consent, and approval. Any and all private information will be presented to me prior to my decision to approve or deny any and all to be added to my report.\n\nDefinitions to Note : 18 USC 2725 ( 3 ) personal information means information that identifies an individual, including an individual 's photograph, social security number, driver identification number, name, address ( but not the 5-digit zip code ), telephone number, and medical or disability information, but does not include information on vehicular accidents, driving violations, and driver 's status. Nonpublic personal information :. Nonpublic personal information may include individual items of information as well as lists of information. For example, nonpublic personal information may include names, addresses, phone numbers, social security numbers, income, credit score, and information obtained through Internet collection devices ( i.e. cookies ). - FDIC Consumer Compliance Examination Manual April 2021 15 USC 6827 ( 4 ) Financial Institution ( B ) Certain financial institutions specifically included. The term \" financial institution '' includes any depository institution ( as defined in section 461 ( b ) ( 1 ) ( A ) of title 12 ), any broker or dealer, any investment adviser or investment company, any insurance company, any loan or finance company, any credit card issuer or operator of a credit card system, and any consumer reporting agency that compiles and maintains files on consumers on a nationwide basis ( as defined in section 1681a ( p ) of this title ).","date_sent_to_company":"2024-02-15T04:11:37.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"29407","tags":null,"has_narrative":true,"complaint_id":"8347739","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-02-15T04:11:34.000Z","state":"SC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["For example, nonpublic personal information may include names, addresses, phone numbers, social security numbers, income, credit score, and information obtained through Internet collection devices ( i.e. cookies ). - FDIC Consumer <em>Compliance</em> Examination Manual April 2021 15 USC 6827 ( 4 ) Financial Institution ( B ) <em>Certain</em> financial institutions specifically included."]},"sort":[5.5290613,"8347739"]},{"_index":"complaint-public-v1","_id":"8347691","_score":5.5260487,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"15 U.S. Code 1681b Permissible purposes of consumer reports. ( a ) In general, subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18. \n( 2 ) In accordance with the written instructions of the consumer to whom it relates. \n\nI recently viewed my consumer report and noticed some unauthorized credit reporting. Lexus Nexus furnished a consumer report that I never gave written permission to share this information with any third parties, including consumer reporting agencies. I was not given the opportunity to opt out of any reporting to any third-party entities. Lexus Nexus is in clear violation of the law.\n\nThe company also violated 18 USC 1028A - aggravated identity theft because I never gave permission to share any information with a third party. Violation of the Fair Credit Privacy Act of 1974 ( 5 U.S. Code 552a ), Reporting Act 15 U.S. Code 1681 - Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. ( b ) Reasonable procedures. It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner that is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. As you can see, there is a need for me to protect my right to privacy. \n\nReporting Act P.L 90-321 ( 82 Stat. 146 ), which is the law that backs the code, is even stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ) 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports. Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. No adverse item besides the conviction of crimes should be on the report, and any item that is a derogatory mark is not allowed onto consumer reports, which is another violation.\n\n12 CFR 1022.3 Definitions \" identity theft '' means a fraud committed or attempted using the identifying information of another person without authority. Anything added to your report without your written consent may be considered identity theft. 15 U.S. Code 1681c2 - Block of information resulting from identity theft. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft. Upon receiving my Consumer Disclosure report from ( 3rd Party Reporting Agency ), discoveries relating to the information provided from said party ( Lexus-Nexus ) have revealed a plethora of violations committed by multiple 3rd party affiliates, non-affiliates, or any and every entity which may be recognized in addition through further investigation from past, present, and future furnishing of my nonpublic private information.\n\nThese are issues I wish to address due to all parties who may have breached the terms and agreements leading to have adversely affected my rights under the Fair Credit Billing Act. The sharing of my personal information was done without my written consent. From the disclosure of numerous non-public personal information including but not limited to discrepancies, errors, inaccuracies, derogatory marks, all of which has caused irreparable damage to my character and creditworthiness. The information disclosed to 3rd parties has negatively affected approval and access to credit. \n\n15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. ( b ) Reasonable procedures. It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. There is an absolute need to protect my privacy from unlawful use by Financial Institutions including CRA. Any report furnished must have my written consent. Since I did not authorize the furnishing of a XXXX it is a violation of the Fair Credit Reporting Act. 82 Stat. 146. This law is stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ).\n\nAll current and former affiliates who may have given information without my permission such as but not limited to the reporting of a XXXX  do not have my permission, which are all violations, and I require immediate change of status to removal. 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports. Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. No adverse item besides the conviction of crimes should be on my report, and any item that is a derogatory mark is not allowed into consumer reports. In the event that Lexus-Nexus continues to attempt to justify reporting a XXXX  case, where they believe permission was granted ( which they do not ) from any entity with my nonpublic personal information, all the disputes I request to be removed are considered derogatory marks which have and may have resulted in negatively affecting my credit rating.\n\n15 U.S. Code 1681e - Compliance procedures ( a ) Identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report. Whenever a consumer reporting agency prepares a consumer report, it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. Lexus-Nexus is in violation of section 1681b for permissible purpose and 1681c for information contained in consumer reports. Lexus-Nexus is also violating compliance procedures under this title.\n\n15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general. Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than { { {$100.00} } } and not more than { { {$1000.00} } } ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or { { {$1000.00} } }, whichever is greater ; I have contacted Lexus-Nexus about this XXXX  being reported, alerting them of their mistake, which has remained unresolved and ignored. This is a violation of willful noncompliance understanding of the violations after my complaints were made the 1st time. Lexus-Nexus being a Financial Institution and Consumer Reporting Agency has strict obligations to adhere to the laws put in place to protect the consumers right. They are aware that they are breaking the law.\n\n15 U.S. Code 1681o - Civil liability for negligent noncompliance. In general. Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure. If the law was violated not on purpose but just due to a lack of knowledge on the required reporting procedures, they are still liable for correcting these violations which have been made clear in this complaint if, in fact, their actions or lack thereof were due negligence.\n\n15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 1 ) Prohibition. ( A ) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. ( B ) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. I have notified the consumer agencies that there is inaccurate information. They must immediately stop reporting that information until they can prove that it is valid, which continues to be denied.\n\n15 U.S. Code 6802 - Obligations with respect to disclosures of personal information. ( a ) Notice requirements. Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( 1 ) In general. A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( 2 ) Exception. This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. ( c ) Limits on reuse of information. Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. ( d ) Limitations on the sharing of account number information for marketing purposes. A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n5 U.S. Code 552a - Records maintained on individuals. ( n ) Mailing Lists. An individual 's name and address may not be sold or rented by an agency unless such action is specifically authorized by law. This provision shall not be construed to require the withholding of names and addresses otherwise permitted to be made public. All inquiries on my report using my name and address given to nonaffiliated 3rd party entities that may have been sold for marketing and/or promotional purposes were done so without my permission, which is a violation. If inquiries are not from an open account on a credit report, they must remove the inquiry. If continued refusal to remove all inquiries from my report, all agencies must send documentation that was used to verify I have an open account with any and all agencies in question.\n\n12 CFR 1016.7 Form of opt-out notice to consumers ; opt-out methods. Section ( a ) ( 1 ) Form of opt-out notice. If you are required to provide an opt-out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt-out right. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements. Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( b ) Opt-out. ( 1 ) In general. A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Lexus-Nexus has denied my right to opt out.\n\n15 U.S. Code 6805- Enforcement. ( a ) In general. Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law. Per the FCRA as a federally protected consumer, I am now opting out of any and all authorization I the consumer may have given you written, unwritten, verbal, and non-verbal per 15 USC 6802. Any information that wishes to be added to my report will not be permitted without my notification, consent, and approval. Any and all private information will be presented to me prior to my decision to approve or deny any and all to be added to my report.\n\nDefinitions to Note : 18 USC 2725 ( 3 ) personal information means information that identifies an individual, including an individual 's photograph, social security number, driver identification number, name, address ( but not the 5-digit zip code ), telephone number, and medical or disability information, but does not include information on vehicular accidents, driving violations, and driver 's status. Nonpublic personal information :. Nonpublic personal information may include individual items of information as well as lists of information. For example, nonpublic personal information may include names, addresses, phone numbers, social security numbers, income, credit score, and information obtained through Internet collection devices ( i.e. cookies ). - FDIC Consumer Compliance Examination Manual April 2021 15 USC 6827 ( 4 ) Financial Institution ( B ) Certain financial institutions specifically included. The term \" financial institution '' includes any depository institution ( as defined in section 461 ( b ) ( 1 ) ( A ) of title 12 ), any broker or dealer, any investment adviser or investment company, any insurance company, any loan or finance company, any credit card issuer or operator of a credit card system, and any consumer reporting agency that compiles and maintains files on consumers on a nationwide basis ( as defined in section 1681a ( p ) of this title ).","date_sent_to_company":"2024-02-15T04:11:28.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"29407","tags":null,"has_narrative":true,"complaint_id":"8347691","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"LEXISNEXIS","date_received":"2024-02-15T04:01:35.000Z","state":"SC","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["For example, nonpublic personal information may include names, addresses, phone numbers, social security numbers, income, credit score, and information obtained through Internet collection devices ( i.e. cookies ). - FDIC Consumer <em>Compliance</em> Examination Manual April 2021 15 USC 6827 ( 4 ) Financial Institution ( B ) <em>Certain</em> financial institutions specifically included."]},"sort":[5.5260487,"8347691"]},{"_index":"complaint-public-v1","_id":"8347716","_score":5.5167704,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"15 U.S. Code 1681b Permissible purposes of consumer reports. ( a ) In general, subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.\n\n( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\nI recently viewed my consumer report and noticed some unauthorized credit reporting. XXXX XXXX furnished a consumer report that I never gave written permission to share this information with any third parties, including consumer reporting agencies. I was not given the opportunity to opt out of any reporting to any third-party entities. XXXX XXXX is in clear violation of the law. \n\nThe company also violated 18 USC 1028A - aggravated identity theft because I never gave permission to share any information with a third party. Violation of the Fair Credit Privacy Act of 1974 ( 5 U.S. Code 552a ), Reporting Act 15 U.S. Code 1681 - Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. ( b ) Reasonable procedures. It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner that is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. As you can see, there is a need for me to protect my right to privacy.\n\nReporting Act P.L 90-321 ( 82 Stat. 146 ), which is the law that backs the code, is even stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ) 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports. Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. No adverse item besides the conviction of crimes should be on the report, and any item that is a derogatory mark is not allowed onto consumer reports, which is another violation.\n\n12 CFR 1022.3 Definitions \" identity theft '' means a fraud committed or attempted using the identifying information of another person without authority. Anything added to your report without your written consent may be considered identity theft. 15 U.S. Code 1681c2 - Block of information resulting from identity theft. Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft. Upon receiving my Consumer Disclosure report from ( 3rd Party Reporting Agency ), discoveries relating to the information provided from said party ( XXXX ) have revealed a plethora of violations committed by multiple 3rd party affiliates, non-affiliates, or any and every entity which may be recognized in addition through further investigation from past, present, and future furnishing of my nonpublic private information.\n\nThese are issues I wish to address due to all parties who may have breached the terms and agreements leading to have adversely affected my rights under the Fair Credit Billing Act. The sharing of my personal information was done without my written consent. From the disclosure of numerous non-public personal information including but not limited to discrepancies, errors, inaccuracies, derogatory marks, all of which has caused irreparable damage to my character and creditworthiness. The information disclosed to 3rd parties has negatively affected approval and access to credit.\n\n15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumer 's right to privacy. ( b ) Reasonable procedures. It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. There is an absolute need to protect my privacy from unlawful use by Financial Institutions including CRA. Any report furnished must have my written consent. Since I did not authorize the furnishing of a bankruptcy, it is a violation of the Fair Credit Reporting Act. 82 Stat. 146. This law is stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ).\n\nAll current and former affiliates who may have given information without my permission such as but not limited to the reporting of a bankruptcy do not have my permission, which are all violations, and I require immediate change of status to removal. 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports. Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. No adverse item besides the conviction of crimes should be on my report, and any item that is a derogatory mark is not allowed into consumer reports. In the event that XXXX continues to attempt to justify reporting a bankruptcy case, where they believe permission was granted ( which they do not ) from any entity with my nonpublic personal information, all the disputes I request to be removed are considered derogatory marks which have and may have resulted in negatively affecting my credit rating.\n\n15 U.S. Code 1681e - Compliance procedures ( a ) Identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report. Whenever a consumer reporting agency prepares a consumer report, it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. XXXX is in violation of section 1681b for permissible purpose and 1681c for information contained in consumer reports. XXXX is also violating compliance procedures under this title. \n\n15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general. Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than { { {$100.00} } } and not more than { { {$1000.00} } } ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or { { {$1000.00} } }, whichever is greater ; I have contacted Lexus-Nexus about this bankruptcy being reported, alerting them of their mistake, which has remained unresolved and ignored. This is a violation of willful noncompliance understanding of the violations after my complaints were made the 1st time. XXXX being a Financial Institution and Consumer Reporting Agency has strict obligations to adhere to the laws put in place to protect the consumers right. They are aware that they are breaking the law.\n\n15 U.S. Code 1681o - Civil liability for negligent noncompliance. In general. Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure. If the law was violated not on purpose but just due to a lack of knowledge on the required reporting procedures, they are still liable for correcting these violations which have been made clear in this complaint if, in fact, their actions or lack thereof were due negligence.\n\n15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 1 ) Prohibition. ( A ) Reporting information with actual knowledge of errors. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. ( B ) Reporting information after notice and confirmation of errors. A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. I have notified the consumer agencies that there is inaccurate information. They must immediately stop reporting that information until they can prove that it is valid, which continues to be denied.\n\n15 U.S. Code 6802 - Obligations with respect to disclosures of personal information. ( a ) Notice requirements. Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( 1 ) In general. A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( 2 ) Exception. This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. ( c ) Limits on reuse of information. Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. ( d ) Limitations on the sharing of account number information for marketing purposes. A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n5 U.S. Code 552a - Records maintained on individuals. ( n ) Mailing Lists. An individual 's name and address may not be sold or rented by an agency unless such action is specifically authorized by law. This provision shall not be construed to require the withholding of names and addresses otherwise permitted to be made public. All inquiries on my report using my name and address given to nonaffiliated 3rd party entities that may have been sold for marketing and/or promotional purposes were done so without my permission, which is a violation. If inquiries are not from an open account on a credit report, they must remove the inquiry. If continued refusal to remove all inquiries from my report, all agencies must send documentation that was used to verify I have an open account with any and all agencies in question.\n\n12 CFR 1016.7 Form of opt-out notice to consumers ; opt-out methods. Section ( a ) ( 1 ) Form of opt-out notice. If you are required to provide an opt-out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt-out right. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements. Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( b ) Opt-out. ( 1 ) In general. A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. XXXX has denied my right to opt out. \n\n15 U.S. Code 6805- Enforcement. ( a ) In general. Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law. Per the FCRA as a federally protected consumer, I am now opting out of any and all authorization I the consumer may have given you written, unwritten, verbal, and non-verbal per 15 USC 6802. Any information that wishes to be added to my report will not be permitted without my notification, consent, and approval. Any and all private information will be presented to me prior to my decision to approve or deny any and all to be added to my report.\n\nDefinitions to Note : 18 USC 2725 ( 3 ) personal information means information that identifies an individual, including an individual 's photograph, social security number, driver identification number, name, address ( but not the 5-digit zip code ), telephone number, and medical or disability information, but does not include information on vehicular accidents, driving violations, and driver 's status. Nonpublic personal information :. Nonpublic personal information may include individual items of information as well as lists of information. For example, nonpublic personal information may include names, addresses, phone numbers, social security numbers, income, credit score, and information obtained through Internet collection devices ( i.e. cookies ). - FDIC Consumer Compliance Examination Manual April 2021 15 USC 6827 ( 4 ) Financial Institution ( B ) Certain financial institutions specifically included. The term \" financial institution '' includes any depository institution ( as defined in section 461 ( b ) ( 1 ) ( A ) of title 12 ), any broker or dealer, any investment adviser or investment company, any insurance company, any loan or finance company, any credit card issuer or operator of a credit card system, and any consumer reporting agency that compiles and maintains files on consumers on a nationwide basis ( as defined in section 1681a ( p ) of this title ).","date_sent_to_company":"2024-02-15T04:11:37.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"29407","tags":null,"has_narrative":true,"complaint_id":"8347716","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-02-15T04:11:34.000Z","state":"SC","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["For example, nonpublic personal information may include names, addresses, phone numbers, social security numbers, income, credit score, and information obtained through Internet collection devices ( i.e. cookies ). - FDIC Consumer <em>Compliance</em> Examination Manual April 2021 15 USC 6827 ( 4 ) Financial Institution ( B ) <em>Certain</em> financial institutions specifically included."]},"sort":[5.5167704,"8347716"]},{"_index":"complaint-public-v1","_id":"8246057","_score":4.9555483,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"15 usc subsection 1666 ( b ) states : ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.I recently viewed my consumer reports and noticed some unauthorized credit reporting. These creditors reported late payments on my consumer reports. I never gave written permission to share my transactional history with any third parties including consumer reporting agencies. I was not given the option to opt out of any reporting to any third-party entities. This company is in clear violation of the law. Under 15 USC 1681b permissible purpose of consumer reports, THE LAW CLEARLY STATES : ( a ) IN GENERAL ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Furthermore, the FAIR CREDIT REPORTING ACT 15 USC 1681 ( 2 ) ( a ) ( i ) Exclusions from a consumer credit report clearly states : ( b ) EXCLUSIONS- Except as provided in paragraph ( 3 ) the term, consumer report does not include- ( A ) Subject to section 1681s-3 of this title, any- ( i ) Report containing information solely on transactions or experiences between the consumer and the person making the report ; The company also violated 18 USC 1028A- aggravated identity theft because I never gave permission to share any information with a third party.\n\nviolation of the Fair Credit violation of Privacy Act of 1974 ( 5 U.S. Code 552a ) Reporting Act 15 U.S. Code 1681 - Congressional findings and statement of purpose a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. As you can see there is a need to protect your right to privacy. Important Definitions from 15 U.S. Code 1681a - Definitions ; rules of construction The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living ( 2 ) Exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal 15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Reporting Act P.L 90-321 ( 82 Stat. 146 ) which is law law that backes the code is even stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ) 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. No adverse item besides the conviction of crimes should be on your report any item that is a derogatory mark is not allowed into consumer reports this is another violation 12 CFR 1022.3 Definitions Identity theft means a fraud committed or attempted using the identifying information of another person without authority. Anything added to your report without your written consent could be considered Identity theft 15 U.S. Code 1681c2 - Block of information resulting from identity theft Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer ; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer Upon receiving my Consumer Disclosure report from ( 3rd Party Reporting Agency ), discoveries relating to the information provided from said party ( XXXX XXXX ) has reveled a plethora of violations committed by multiple 3rd party affiliate, non-affiliates or any and every entity which may be recognized in addition through further investigation from past, present and future furnishing of my nonpublic private information. These are issues I wish to address due to all parties who may have breached the of terms and agreements leading to have adversely effected my rights under the Fair Credit Billing Act. The sharing of my personal information was done so without my written consent. From disclosure of numerous non-public personal information including but not limited to discrepancies, errors, inaccuracies, derogatory marks, all of which etc. The information disclosed to 3rd parties has negatively affected approval and access to credit from certain documents which prove to be valid in detail with this letter. 15 U.S. Code 1681- Congressional findings and statement of purpose a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. Consumer : There is a need to protect my privacy which every company may be in violation of which the terms, conditions and privacy policy are attached with this dispute. Important Definitions from 15 U.S. Code 1681a - Definitions ; rules of construction The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living ( 2 ) Exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; 15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ( 2 ) In accordance with the written instructions of the consumer to whom it relates Consumer : They need my written consent to add anything to my consumer report. Since I did not authorize this, it is a violation of the Fair Credit Reporting Act. 82 Stat. 146 - An Act to safeguard the consumer in connection with the utilization of credit by requiring full disclosure of the terms and conditions of finance charges in credit transactions or in offers to extend credit ; by restricting the garnishment of wages ; and by creating the XXXX XXXX XXXX XXXX XXXX to study and make recommendations on the need for further regulation of the consumer finance industry ; and for other purposes Consumer : This is law that backs the code and is even stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ) Consumer : Reporting Transaction history is illegal. XXXX XXXX XXXX is in violation of reporting my transaction history. Request made by the consumer via telephone has been denied due to claims that permission was granted from such companies of which the consumer is an active or former member. Examples of financial institutions XXXX XXXX Services claim the information gathered prior to my request for the Consumer Disclosure Report, may be but not limited to, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX. and XXXX XXXX. All of which I am a current member of their services. All current and former affiliates who may have given information without my permission such as but not limited to, the reporting of my transaction history, do not have my permission which are all violations and request immediate change of status to removal or paid as agreed. In Terms and Agreements attached of the institutions of which I am a current member, 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. Consumer : No adverse item besides the conviction of crimes should be on my report and any item that is a derogatory mark is not allowed into consumer reports. In the event that XXXX XXXX continues to attempt to justify keeping transaction history in cases where they believe were granted permission ( which they do not ) from any entity with my nonpublic personal information, all the disputes I request to be removed are considered derogatory marks which have and may have resulted to negatively effect my credit score. 15 U.S. Code 1681e - Compliance procedures ( a ) Identity and purposes of credit users Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. Consumer : By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports, XXXX XXXX XXXX are also violating compliance procedures under this title. 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than { {$100.00} } and not more than { {$1000.00} } ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or { {$1000.00} }, whichever is greater ; Consumer : I have filed more than 1 complaint, in fact multiple complaints against numerous agencies with the CFPB which either remain in dispute pending a response or continued refusal to remove reports in which have already been put on record with the CFPB with the necessary evidence to prove disputes in claim. This is a violation of willfull noncompliance understanding of the violations after my complaints were made the 1st time. Every company in their agreements with consumers said they would follow the law and agreed to do so. They are aware that they are breaking the law. 15 U.S. Code 1681o - Civil liability for negligent noncompliance In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure Consumer : if the law was violated not on purpose but just due to a lack of knowledge on the required reporting procedures. They are still liable for correcting these violations which have been made clear in this complaint if in fact their actions or lack thereof was due negligence. 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. Consumer : I have notified the consumer agencies that there is inaccurate information. They must immediately stop reporting that information until they can prove that it is valid which continues to be denied. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. ( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. ( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. 5 U.S. Code 552a - Records maintained on individuals ( n ) Mailing Lists. An individuals name and address may not be sold or rented by an agency unless such action is specifically authorized by law. This provision shall not be construed to require the withholding of names and addresses otherwise permitted to be made public. Consumer : All inquiries on my report using my name and address given to nonaffiliated 3rd party entities that may have been sold for marketing and/or promotional purposes was done so without my permission which is a violation. If inquiries not from an open account on credit report they must remove inquiry. If continued refusal to remove all inquiries from my report, all agencies must send documentation that was used to verify I have an open account with any and all agencies in question. 12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods. Section ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Consumer : XXXX XXXX XXXX has denied my requests to opt out of the disputes in my Consumer Disclosure Report. 15 U.S. Code 6805 - Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law Consumer : Per the FCRA as a federally protected consumer, I am now opting out of any and all authorization I the consumer may have given you written, unwritten, verbal and non-verbal per 15 USC 6802. Any information that wishes to be added to my report will not be permitted without my notification, consent and approval. Any and all private information will be presented to me prior to my decision to approve or deny any and all to be added to my report.","date_sent_to_company":"2024-01-29T21:34:40.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"96706","tags":null,"has_narrative":true,"complaint_id":"8246057","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2024-01-29T21:34:35.000Z","state":"HI","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["15 usc subsection 1666 ( b ) states : ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has <em>adopted</em> reasonable procedures designed to ensure that each periodic statement including the information <em>required</em> by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.I <em>recently</em> viewed my consumer reports and noticed"]},"sort":[4.9555483,"8246057"]},{"_index":"complaint-public-v1","_id":"8245800","_score":4.9555483,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"15 usc subsection 1666 ( b ) states : ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.I recently viewed my consumer reports and noticed some unauthorized credit reporting. These creditors reported late payments on my consumer reports. I never gave written permission to share my transactional history with any third parties including consumer reporting agencies. I was not given the option to opt out of any reporting to any third-party entities. This company is in clear violation of the law. Under 15 USC 1681b permissible purpose of consumer reports, THE LAW CLEARLY STATES : ( a ) IN GENERAL ( c ) any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Furthermore, the FAIR CREDIT REPORTING ACT 15 USC 1681 ( 2 ) ( a ) ( i ) Exclusions from a consumer credit report clearly states : ( b ) EXCLUSIONS- Except as provided in paragraph ( 3 ) the term, consumer report does not include- ( A ) Subject to section 1681s-3 of this title, any- ( i ) Report containing information solely on transactions or experiences between the consumer and the person making the report ; The company also violated 18 USC 1028A- aggravated identity theft because I never gave permission to share any information with a third party.\n\nviolation of the Fair Credit violation of Privacy Act of 1974 ( 5 U.S. Code 552a ) Reporting Act 15 U.S. Code 1681 - Congressional findings and statement of purpose a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. As you can see there is a need to protect your right to privacy. Important Definitions from 15 U.S. Code 1681a - Definitions ; rules of construction The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living ( 2 ) Exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal 15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ( 2 ) In accordance with the written instructions of the consumer to whom it relates. Reporting Act P.L 90-321 ( 82 Stat. 146 ) which is law law that backes the code is even stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ) 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. No adverse item besides the conviction of crimes should be on your report any item that is a derogatory mark is not allowed into consumer reports this is another violation 12 CFR 1022.3 Definitions Identity theft means a fraud committed or attempted using the identifying information of another person without authority. Anything added to your report without your written consent could be considered Identity theft 15 U.S. Code 1681c2 - Block of information resulting from identity theft Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency of ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer ; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer Upon receiving my Consumer Disclosure report from ( 3rd Party Reporting Agency ), discoveries relating to the information provided from said party ( XXXX XXXX ) has reveled a plethora of violations committed by multiple 3rd party affiliate, non-affiliates or any and every entity which may be recognized in addition through further investigation from past, present and future furnishing of my nonpublic private information. These are issues I wish to address due to all parties who may have breached the of terms and agreements leading to have adversely effected my rights under the Fair Credit Billing Act. The sharing of my personal information was done so without my written consent. From disclosure of numerous non-public personal information including but not limited to discrepancies, errors, inaccuracies, derogatory marks, all of which etc. The information disclosed to 3rd parties has negatively affected approval and access to credit from certain documents which prove to be valid in detail with this letter. 15 U.S. Code 1681- Congressional findings and statement of purpose a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. Consumer : There is a need to protect my privacy which every company may be in violation of which the terms, conditions and privacy policy are attached with this dispute. Important Definitions from 15 U.S. Code 1681a - Definitions ; rules of construction The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living ( 2 ) Exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; 15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ( 2 ) In accordance with the written instructions of the consumer to whom it relates Consumer : They need my written consent to add anything to my consumer report. Since I did not authorize this, it is a violation of the Fair Credit Reporting Act. 82 Stat. 146 - An Act to safeguard the consumer in connection with the utilization of credit by requiring full disclosure of the terms and conditions of finance charges in credit transactions or in offers to extend credit ; by restricting the garnishment of wages ; and by creating the XXXX XXXX XXXX XXXX XXXX to study and make recommendations on the need for further regulation of the consumer finance industry ; and for other purposes Consumer : This is law that backs the code and is even stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ) Consumer : Reporting Transaction history is illegal. XXXX XXXX XXXX is in violation of reporting my transaction history. Request made by the consumer via telephone has been denied due to claims that permission was granted from such companies of which the consumer is an active or former member. Examples of financial institutions XXXX XXXX Services claim the information gathered prior to my request for the Consumer Disclosure Report, may be but not limited to, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX. and XXXX XXXX. All of which I am a current member of their services. All current and former affiliates who may have given information without my permission such as but not limited to, the reporting of my transaction history, do not have my permission which are all violations and request immediate change of status to removal or paid as agreed. In Terms and Agreements attached of the institutions of which I am a current member, 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. Consumer : No adverse item besides the conviction of crimes should be on my report and any item that is a derogatory mark is not allowed into consumer reports. In the event that XXXX XXXX  continues to attempt to justify keeping transaction history in cases where they believe were granted permission ( which they do not ) from any entity with my nonpublic personal information, all the disputes I request to be removed are considered derogatory marks which have and may have resulted to negatively effect my credit score. 15 U.S. Code 1681e - Compliance procedures ( a ) Identity and purposes of credit users Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. Consumer : By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports, XXXX XXXX XXXX are also violating compliance procedures under this title. 15 U.S. Code 1681n - Civil liability for willful noncompliance ( a ) In general Any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than { {$100.00} } and not more than { {$1000.00} } ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or { {$1000.00} }, whichever is greater ; Consumer : I have filed more than 1 complaint, in fact multiple complaints against numerous agencies with the CFPB which either remain in dispute pending a response or continued refusal to remove reports in which have already been put on record with the CFPB with the necessary evidence to prove disputes in claim. This is a violation of willfull noncompliance understanding of the violations after my complaints were made the 1st time. Every company in their agreements with consumers said they would follow the law and agreed to do so. They are aware that they are breaking the law. 15 U.S. Code 1681o - Civil liability for negligent noncompliance In general Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure Consumer : if the law was violated not on purpose but just due to a lack of knowledge on the required reporting procedures. They are still liable for correcting these violations which have been made clear in this complaint if in fact their actions or lack thereof was due negligence. 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. Consumer : I have notified the consumer agencies that there is inaccurate information. They must immediately stop reporting that information until they can prove that it is valid which continues to be denied. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. ( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. ( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. 5 U.S. Code 552a - Records maintained on individuals ( n ) Mailing Lists. An individuals name and address may not be sold or rented by an agency unless such action is specifically authorized by law. This provision shall not be construed to require the withholding of names and addresses otherwise permitted to be made public. Consumer : All inquiries on my report using my name and address given to nonaffiliated 3rd party entities that may have been sold for marketing and/or promotional purposes was done so without my permission which is a violation. If inquiries not from an open account on credit report they must remove inquiry. If continued refusal to remove all inquiries from my report, all agencies must send documentation that was used to verify I have an open account with any and all agencies in question. 12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods. Section ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Consumer : XXXX XXXX XXXX has denied my requests to opt out of the disputes in my Consumer Disclosure Report. 15 U.S. Code 6805 - Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law Consumer : Per the FCRA as a federally protected consumer, I am now opting out of any and all authorization I the consumer may have given you written, unwritten, verbal and non-verbal per 15 USC 6802. Any information that wishes to be added to my report will not be permitted without my notification, consent and approval. Any and all private information will be presented to me prior to my decision to approve or deny any and all to be added to my report.","date_sent_to_company":"2024-01-29T21:34:40.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"96706","tags":null,"has_narrative":true,"complaint_id":"8245800","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"PENTAGON FEDERAL CREDIT UNION","date_received":"2024-01-29T21:34:35.000Z","state":"HI","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["15 usc subsection 1666 ( b ) states : ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has <em>adopted</em> reasonable procedures designed to ensure that each periodic statement including the information <em>required</em> by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.I <em>recently</em> viewed my consumer reports and noticed"]},"sort":[4.9555483,"8245800"]},{"_index":"complaint-public-v1","_id":"8768715","_score":4.6229,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I just recently look at my credit report and seen that I have hard inquiries on my report that have no permissions purpose. I also have attached the evidence. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, have look at my credit report and see that there are inaccurate reports on my account child support dont not report to credit reporters and by lawful cancellation all contracts and remove theses accounts off my credit profile I will like a contract to show that me a living soul that me and them the other party showed in contact where we both agreed upon on all disclosure must be showed its a invalid contract please remove from my credit report it have hinder me from my future benefits. Please all other spelled name from my credit report I will just like to have my came as showed here XXXX XXXX XXXX, I do not have a contract with these companies please remove all accounts from my credit report XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ). I HAVE NOTICE THESE NAMES AND ADDRESSES DO NOT BELONG TO ME CAN YOU PLEASE UPDATE MY INFORMATION ON ALL MY CREDIT REPORT PROFILES. XXXX XXXX XXXX is my correct name please update on XXXX And experience XXXX XXXX XXXX is not me. This address is inaccurate XXXX XXXX XXXX XXXX XXXX XXXX is inaccurate please remove from my profile i Noticed this account was not removed and this is a debt collector who purchase my information illegally, XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, has violated my rights. 15 U.S.C 6802 ( B ) The consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 15 U.S.C 1681 section 602 A. States I have the right to privacy. thanks UCC 1-308 without prejudice XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX. Argued XX/XX/XXXX, XXXX XX/XX/XXXX Respondents, XXXX Arizona mothers whose children are eligible for state child support services under Title IV -D of the Social Security Act, filed this 42 U. S. C. 1983 suit against petitioner, the director of the state child support agency, claiming, among other things, that they properly applied for child support services ; that, despite their good faith efforts to cooperate, the agency never took adequate steps to obtain child support payments for them ; that these omissions were largely attributable to staff shortages and other structural defects in the State 's program ; and that these systemic failures violated their individual rights under Title IV-D to have all mandated services delivered in substantial compliance with the title and its implementing regulations. They requested broad relief, including a declaratory judgment that the Arizona program 's operation violates Title IV -D provisions creating rights in them that are enforceable through a 1983 action, and an injunction requiring the director to achieve substantial compliance with Title IV-D throughout all programmatic operations. The District Court granted summary judgment for petitioner, but the XXXX XXXX reversed. Without distinguishing among the numerous provisions of the complex XXXX XXXX program or the many rights those provisions might have created, the latter court held that respondents had an enforceable individual right to have the State achieve \" substantial compliance '' with Title IV-D. It also disagreed with the District Court 's conclusion that Congress had foreclosed private Title IV-D enforcement actions by authorizing the Secretary of Health and Human Services ( Secretary ) to audit and cut off funds to States whose programs do not substantially comply with Title IV-D 's requirements Held : Title IV-D does not give individuals a federal right to force a state agency to substantially comply with Title IV-D. Pp.340-349. ( a ) A plaintiff seeking 1983 redress must assert the violation of a federal right, not merely of federal law. XXXX XXXX XXXX XXXX v. XXXX XXXX, 493 U. S. 103, 106. Three principal factors determine whether a statutory provision creates a privately enforceable right : ( 1 ) whether the plaintiff is an intended beneficiary of the statute ; ( 2 ) whether the plaintiff 's asserted interests are not so vague and amor-phous as to be beyond the competence of the judiciary to enforce ; and ( 3 ) whether the statute imposes a binding obligation on the State. See, e. g., XXXX XXXX Virginia XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX. Even if a plaintiff demonstrates such a right, however, there is only a rebuttable presumption that it is enforceable under XXXX. Dismissal is proper if Congress specifically foreclosed a XXXX  remedy, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX, XXXX, either expressly, by forbidding recourse to XXXX in the statute itself, or impliedly, by creating a comprehensive enforcement scheme that is incompatible with individual XXXX enforcement, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX pp. XXXX. ( b ) Respondents have not established that XXXX XXXX gives them individually enforceable federal rights. In prior cases, the Court has been able to determine whether or not a statute created such rights because the plaintiffs articulated, and lower courts evaluated, welldefined claims. See, XXXX XXXX, XXXX XXXX XXXX XXXX and XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX. Here, respondents have not identified with particularity the rights they claim, and the XXXX XXXX has not engaged in the requisite methodical inquiry. That court erred in apparently holding that individuals have an enforceable right to \" substantial compliance '' with XXXX XXXX in all respects. The statutory \" substantial compliance '' requirement, see, XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( a ) ( XXXX ) ( XXXX XXXX, Supp. XXXX ), does not give rise to individual rights ; it was not intended to benefit individual children and custodial parents, but is simply a yardstick for the Secretary to measure the systemwide performance of a State 's Title IV-D program, allowing her to increase the frequency of audits and reduce the State 's federal grant upon a finding of substantial noncompliance. The Court of Appeals also erred in taking a blanket approach to determining whether Title IV-D creates rights : It is readily apparent that many of the provisions of that multifaceted statutory scheme, including its \" substantial compliance '' standard and data processing, staffing, and organizational requirements, do not fit any of the traditional criteria for identifying statutory rights. Although this Court does not foreclose the possibility that some Title IV-D provisions give rise to individual rights, the Ninth Circuit did not separate out the particular rights it believed arise from the statutory scheme, the complaint is less than clear in this regard, and it is not certain whether respondents sought any relief more specific than a declaration that their \" rights '' were being violated and an injunction forcing petitioner to \" substantially comply '' with all of Title IV-D 's provisions. This defect is best addressed by sending the case back for the District Court to construe the complaint in the first instance, in order to determine exactly what rights, considered in their most concrete, specific form, respondents are asserting. Only by manageably breaking down the 42 U.S. Code 1983 - Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officers judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. 12 U.S. Code 411 - Issuance to reserve banks ; nature of obligation ; redemption Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues.\n\nI will like a contract to show that me a living soul that me and them the other party showed in contact where we both agreed upon on all disclosure must be showed its a invalid contract please remove from my credit report it have hinder me from my future benefits. Please all other spelled name from my credit report I will just like to have my came as showed here XXXX XXXX XXXX, XXXX do not have a contract with these companies please remove all accounts from my credit report XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ). I HAVE NOTICE THESE NAMES AND ADDRESSES DO NOT BELONG TO ME CAN YOU PLEASE UPDATE MY INFORMATION ON ALL MY CREDIT REPORT PROFILES. XXXX XXXX XXXX is my correct name please update on XXXX And experience XXXX XXXX XXXX is not me. This address is inaccurate XXXX XXXX XXXX XXXX XXXX XXXX is inaccurate please remove from my profile i Noticed this account was not removed and this is a debt collector who purchase my information illegally, XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, has violated my rights. 15 U.S.C 6802 ( B ) The consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 15 U.S.C 1681 section 602 A. States I have the right to privacy. thanks UCC 1-308 without UCC 3-604 . Discharge by cancellation or renunciation. ( a ) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument ( i ) by an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party 's signature, or the addition of words to the instrument indicating discharge, or ( ii ) by agreeing not to sue or otherwise renouncing rights against the party by a signed writing. ( b ) Cancellation or striking out of an indorsement pursuant to subsection ( a ) does not affect the status and rights of a party derived from the indorsement. UCC 3-603. TENDER OF PAYMENT. ( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. ( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. ( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument. UCC 3-602. PAYMENT. ( a ) Subject to subsection ( b ), an instrument is paid to the extent payment is made ( i ) by or on behalf of a party obliged to pay the instrument, and ( ii ) to a person entitled to enforce the instrument. To the extent of the payment, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Section 3-306 by another person. ( b ) Subject to subsection ( e ) a note is paid to the extent payment is made by or on behalf of a party obliged to pay the note to a person that formerly was entitled to enforce the note only if at the time of the payment the party obliged to pay has not received adequate notification that the note has been transferred and that payment is to be made to the transferee. A notification is adequate only if it is signed by the transferor or the transferee ; reasonably identifies the transferred note ; and provides an address at which payments subsequently can be made. Upon request, a transferee shall seasonably furnish reasonable proof that the note has been transferred. Unless the transferee complies with the request, a payment to the person that formerly was entitled to enforce the note is effective for purposes of subsection ( c ) even if the party obliged to pay the note has received a notification under this paragraph. ( c ) Subject to subsection ( e ), to the extent of a payment under subsections ( a ) and ( b ), the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Section 3-306 by another person. ( d ) Subject to subsection ( e ), a transferee, or any party that has acquired rights in the instrument directly or indirectly from a transferee, including any such party that has rights as a holder in due course, is deemed to have notice of any payment that is made under subsection ( b ) after the date that the note is transferred to the transferee but before the party obliged to pay the note receives adequate notification of the transfer. ( e ) The obligation of a party to pay the instrument is not discharged under subsections ( a ) through ( d ) if : ( 1 ) a claim to the instrument under Section 3-306 is enforceable against the party receiving payment and ( i ) payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction, or ( ii ) in the case of an instrument other than a cashier 's check, teller 's check, or certified check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person entitled to enforce the instrument; or ( 2 ) the person making payment knows that the instrument is a stolen instrument and pays a person it knows is in wrongful possession of the instrument. ( f ) As used in this section, \" signed, '' with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process to or with the record with the present intent to adopt or accept the record. of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account. 15 U.S. Code 1692i - Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall ( 1 ) in the case of an action to enforce an interest in real property securing the consumers obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action. ( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collector. 15 U.S. Code 2310 - Remedies in consumer disputes ( a ) Informal dispute settlement procedures ; establishment ; rules setting forth minimum requirements ; effect of compliance by warrantor ; review of informal procedures or implementation by Commission ; application to existing informal procedures ( 1 ) Congress hereby declares it to be its policy to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms. ( 2 ) The Commission shall prescribe rules setting forth minimum requirements for any informal dispute settlement procedure which is incorporated into the terms of a written warranty to which any provision of this chapter applies. Such rules shall provide for participation in such procedure by independent or governmental entities. has violated my rights. 15 U.S.C 6802 ( B ) The consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions. 15 U.S.C 1681c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 15 U.S.C 1681 section 623 If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623 ( a ) ( 1 ) ( B ). 15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Also the credit bureaus failed to do a complete a full investigation here is my certified cfpb complaint number. I HAVE TRYING CALLING AND MORE AND HAVE NOT GOT NOT MAIL TO UPDATE ME ON MY CREDIT REPOT I SEE THEY ARE FAILED TO COMPLETE A FULL investigation. XXXX XXXX XXXX is my correct name this is a violation. XXXX XXXX XXXX is incorrect. XXXX XXXX ( XXXX XXXX XXXX XXXX XXXX INCORRECT ON MY CREDIT REPORT EXPERIAN XXXX XXXX XXXX CLOSE WITH MONETARY RELIEF. 15 U.S. Code 1681i - Procedure in case of disputed accuracy ( 5 ) Treatment of inaccurate or unverifiable information ( A ) In generally If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer.\n\n15 U.S. Code 1681q - Obtaining information under false pretenses Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both.","date_sent_to_company":"2024-04-15T02:07:19.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"68502","tags":null,"has_narrative":true,"complaint_id":"8768715","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-04-15T02:07:16.000Z","state":"NE","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Credit inquiries on your report that you don't recognize"},"highlight":{"complaint_what_happened":["I just <em>recently</em> look at my credit report and seen that I have hard inquiries on my report that have no permissions purpose. I also have attached the evidence."]},"sort":[4.6229,"8768715"]},{"_index":"complaint-public-v1","_id":"2494524","_score":4.459638,"_source":{"product":"Debt collection","complaint_what_happened":"Date : XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, new jersey state ZIP EXEMPT [ near XXXX ] IC SYSTEMS XXXX XXXX XXXX  XXXX XXXX, MN XXXX XXXX RE : Account # unknown To Whom It May Concern : Be advised this is not a refusal to pay, but a notice that your claim is disputed and validation is requested. Under the Fair Debt collection Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation proving my obligations to perform or comply, that is binding on me to pay this debt. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. At this time I will also inform you that if your offices have or continue to report invalidated information to any of the XXXX major credit bureaus ( XXXX, XXXX, XXXX XXXX ), this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Debt Collection Practices Act and Defamation of Character. 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. If your offices are able to provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, ( which it already has ). I will consult with legal counsel for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. This also includes not contracting with other credit reporting companies or debt collectors using means of extortion in attempt to collect something that was never due. There is also the matter of information breach which XXXX puts me at risk currently, It would be advisable that you and your client assure that your records are in order before I am forced to take legal action. CREDITOR/DEBT COLLECTOR DECLARATION Please provide the following : Agreement with your client that grants you the authority to collect on this alleged debt. Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. Any insurance claims been made by any creditor regarding this account. Any Judgments obtained by any creditor regarding this account. Name and address of alleged creditor. Name on file of alleged debtor. Alleged account number. Address on file for alleged debtor. Amount of alleged debt. Date this alleged debt became payable. Date of original charge off or delinquency. Verification that this debt was assigned or sold to collector. Complete accounting of alleged debt. Commission for debt collector if collection efforts are successful. Please provide the name and address of the bonding agent for COLLECTIONAGENCY in case legal action becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Memorandum in support A misrepresentation is an assertion that is not in accord with the truth. When a person enters a contract because of his justifiable reliance on a misrepresentation about some important fact, the contract is voidable. Misrepresentations can be either : 1. innocent ( not intentionally deceptive ) or 2. fraudulent ( made with the knowledge of falsity and intent to deceive ). Contracts induced by misrepresentation or fraud are generally considered voidable. This means that the person whose consent was not real has the power to rescind ( cancel ) the contract. The elements of misrepresentation and fraud are as follows - notice the similarities. ( authors addition ) Innocent misrepresentation Fraud 1. Untrue assertion of fact ( or equivalent ) 2. Assertion relates to material fact 3. Actual reliance 4. Justifiable reliance 1. Untrue assertion of fact ( or equivalent ) 2. Assertion made with knowledge of falsity and intent to deceive 3. Actual reliance 4. Justifiable reliance 5. Economic loss ( in a tort action for damages PARTS OF A LAWFULCONTRACT 1. Parties competent to contract The parties to a contract should be competent, being of the age of consent, of sound mind, not disqualified from contracting by anylawto which s/he is subject. A flaw in capacity may be due to minority, lunacy, XXXX, XXXX or kind. The parties should be of like kind, being eitherartificialLegal Entity and artificial Legal Entity,  orliving Man/Woman and living Man/Woman, allowing more than two parties butnevera mixture of these kinds. 2. Free and genuine consent The consent of the parties to the agreement must be free and genuine. The consent of the parties should not be obtained by misrepresentation, fraud, undue influence, coercion or mistake. If the consent is obtained by any of these means, then the contract is not valid or lawfully enforceable. 3. Full disclosure When negotiating a contract, full disclosureis the act of providing all material information, or telling the whole truth, about anymatterwhich may influence the decision-making of the other party or parties before they decide to enter into a contract. 4. Sufficient consideration Theconsiderationis something of value possessed by the parties that is brought to the contract table. This something of value is bargained for and given in exchange for a promise or a performance. The parties must eachreceive a benefitand eachsuffer a detriment.To be enforceable, a contract must have sufficient consideration. A contract is unenforceable if it has insufficient or unequal consideration without agreement. 5. Certainty of terms The Terms and Conditions of the contract must be fully disclosed and agreed upon, and must be certain and fixed, i.e. not variable as with interest rates.\n6. Meeting of the minds Ameeting of the minds consensus ad idem, occurs between the parties when they recognise each other, understand their mutual obligations, and agree. Thismeeting of mindscan only occur between like kinds, beingLegal Entity with Legal Entity, orMan/Woman with Man/Woman.A corporation and another corporation may enter into contract by way ofaccommodation parties, and a sentient being and another sentient being may enter into a contract directly, but a corporation and a sentient being together can not enter into a contract as they are not of the same and equal kind. 7. Signatures or autographs Written contracts between Legal Entity actors must carry the wet inksignaturesof the parties, each wet inksignaturebeing anaccommodationfrom a Man/Woman. Written contracts between living Men/Women must carry the wet inkautographsof the parties, and/or living identification such as a thumbprint. Livingstandingis recognised by a thumbprint, or more often by anunambiguous declarationwith theautograph, such asauthorised agentwritten below.\n8. Privity of contract A contract exists only between the parties. No third-party can obtain rights contained within a contract, or buy or sell a contract, without the express permission of the original parties. Best Regards XXXX XXXX cc Federal Trade Commission Key Concept 6 Misrepresentation and Fraud 1 A misrepresentation is an assertion that is not in accord with the truth. When a person enters a contract because of his justifiable reliance on a misrepresentation about some important fact, the contract is voidable. Misrepresentations can be either : 1. innocent ( not intentionally deceptive ) or 2. fraudulent ( made with the knowledge of falsity and intent to deceive ). Contracts induced by misrepresentation or fraud are generally considered voidable. This means that the person whose consent was not real has the power to rescind ( cancel ) the contract.\nThe elements of misrepresentation and fraud are as follows - notice the similarities. ( authors addition ) Innocent misrepresentation Fraud 1. Untrue assertion of fact ( or equivalent ) 2. Assertion relates to material fact 3. Actual reliance 4. Justifiable reliance 1. Untrue assertion of fact ( or equivalent ) 2. Assertion made with knowledge of falsity and intent to deceive 3. Actual reliance 4. Justifiable reliance 5. Economic loss ( in a tort action for damages 1. Untrue Assertion of Fact or Equivalent ( authors addition ) To have misrepresentation, one of the parties must have made : 1. an untrue assertion of fact or 2. engaged in conduct that is equivalent to an untrue assertion of fact. The fact must be a past or existing fact, as distinguished from : 1. an opinion or 2. a promise or prediction about some future happening.\nThe concealment of a fact through some active conduct intended to prevent the other party from discovering the fact is considered the equivalent of an assertion. For example, if Summers is offering his house for sale and paints the ceilings to conceal the fact that the roof leaks, his active concealment constitutes an assertion of fact.\nNondisclosure can also be the equivalent of an assertion of fact. Nondisclosure is the failure to volunteer information. Disclosure of a fact is required when : 1. the person has already offered some information but further information is needed to give the other party an accurate picture or 2. there is a relationship of trust and confidence between the parties or 1 Source of materials : Mallor, et al., Business Law and the Regulatory Environment : Concepts and Cases ( XXXX XXXX/XXXX , 11th Edition, XX/XX/XXXX ). Bold print, bullets, and numbers have been added to the Mallor text to indicate particular emphasis.\n3. a party has access to information that is not readily available to the other party.\nTransactions involving the sale of real estate are among the most common situations in which the duty to disclose arises. Most states hold that a seller who knows about a latent ( hidden ) defect that materially affects the value of the property has the obligation to speak up about the defect. For example, in a recent case a buyer contracted to purchase a house that was reputed, according the sellers, to be possessed with ghosts.\nThe sellers did not tell the buyer this fact. When the buyer learned of the houses reputation, he was granted the right to sue for rescission. ( authors addition ) 2. Materiality Innocent misrepresentation If the misrepresentation was innocent, the person seeking to rescind the contract must establish that the fact asserted was material.\nA fact will be considered material if it is : 1. likely to play a significant role in inducing a reasonable person to enter the contract or 2. if the person asserting the fact knows that the other person is likely to rely on the fact.\nFor example, XXXX who is trying to sell his car to XXXX and knows that XXXX idolizes professional bowlers, tells XXXX that a XXXX XXXX once rode in the car. Relying on that representation, XXXX buys the car.\nAlthough the fact XXXX  asserted might not be important to most people, it would be material here.\nFraud Even if the fact is not material, the contract may be rescinded if the misrepresentation was fraudulent. Fraud is the type of misrepresentation that is committed knowingly, with the intent to deceive. The rationale for this rule is that a person who fraudulently misrepresents a fact should not be able to profit from his intentionally deceptive conduct.\nA person making a misrepresentation would be considered to do so knowingly if she : 1. knew her statement was false or 2. knew that she did not have a basis for making the statement or 3. made the statement without being confident that it was true.\nThe intent to deceive can be inferred from the fact that the defendant knowingly made a misstatement of fact to a person who was likely to rely on it.\n3. Actual Reliance Reliance means that a person pursues some course of action because of his faith in the assertion made to him.\nThere must have been a causal connection between the assertion and the complaining partys decision to enter the contract.\nIf the complaining party ( 1 ) knew that the assertion was false or ( 2 ) was not aware that an assertion had been made, there is no reliance.\n4. Justifiable Reliance Courts also scrutinize the reasonableness of the behavior of the complaining party by requiring that his reliance be justifiable.\nA person does not act justifiably if he relies on an assertion that is : 1. obviously false or 2. not to be taken seriously.\nOne problem involving the justifiable reliance element is determining the extent to which the relying party is responsible for investigating the accuracy of the statement on which he relies.\no Classical contract law held that a person who did not attempt to discover readily discoverable facts ( e.g. public records - authors addition ) generally was not justified in relying on the other partys statements about them.\no The extent of the responsibility placed on a relying party to conduct an independent investigation has declined in modern contract law. Todays courts tend to place a greater degree of accountability on the person who makes the assertion rather than the person who relies.\n5. Economic loss In tort actions in which the plaintiff is seeking to recover damages for fraud, the plaintiff would have to establish a fifth element : injury. He would have to prove that he had suffered actual economic injury because of his reliance on the fraudulent assertion. In cases in which the injured person seeks only rescission of the contract, however, proof of economic injury usually is not required.\nRemedies Rescission As is true for innocent misrepresentation, the contract remedy for fraudulent misrepresentation is rescission. A person who rescinds a contract is entitled to the return of anything he gave the other party. He must offer to return anything he has received from the other party.\nNecessity for prompt and unequivocal rescission Suppose XXXX  who recently bought a car from XXXX XXXX learns that XXXX XXXX made fraudulent statements to her to induce her to buy the car. She believes the contract was induced by fraud and wants to rescind. She must : 1. object promptly upon learning the facts and 2. must clearly express her intent to cancel.\nShe must also avoid any behavior that would suggest that she affirms or ratifies the contract, such as : 1. an unreasonable delay in notifying the other party or 2. continuing to accept benefits from the other party or 3. behaving in a way that is inconsistent with her expressed intent to rescind.\nDamages The tort liability of a person who commits fraud is different from that of a person who commits innocent misrepresentation. A person who commits fraud may be liable for damages, possibly including punitive damages, for the tort of deceit.\nIn some states, a person injured by fraud can not rescind and sue for damages for deceit ; he must elect ( choose ) between the remedies. In other states, however, an injured party may pursue both rescission and damage remedies. In addition, a person injured by fraud in a contract for the sale of goods can both rescind and sue for damages.\nInnocent misrepresentation Fraud Rescission rescission and/or tort action in damages Am Jur 2d - Contracts 1 0 New I. In General, A. Definitions, 1 - Contract A contract has been defined as an agreement to do, or refrain from doing, a particular thing, [ 1 ] upon a sufficient consideration. [ 2 ] Similarly, a \" contract '' has been defined as an agreement, obligation, or legal tie by which a party binds itself, or becomes bound, expressly or impliedly, to pay a sum of money or to perform or omit to do some certain act or thing. [ 3 ] Also, a \" contract '' has been defined as a private, voluntary allocation by which two or more parties distribute specific entitlements and obligations. [ 4 ] A \" contract '' is an agreement between two or more parties that creates obligations that are legally enforceable by the contracting parties. [ 5 ] A \" contract '' is an agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law. [ 6 ] A \" contract '' is an agreement by two or more parties whereby obligations are created, modified, or extinguished. [ 7 ] A contract is an obligation which arises from actual agreement of the parties manifested by words, oral or written, or by conduct. [ 8 ] The term \" contract '' has been held to include every description or agreement or obligation, whether verbal or written, by which one party becomes bound to another to pay a sum of money or to perform or omit to do a certain act. [ 9 ] The Restatement defines the term \" contract '' as a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty, [ 10 ] and this definition has been adopted by some courts. [ 11 ] However, this has been criticized as a circular definition : it is the same as saying that a contract is a legally enforceable promise, but a promise is legally enforceable only if it is a contract. [ 12 ] A contract is not a law, nor does it make law : it is the agreement plus the law that makes the ordinary contract an enforceable obligation. [ 13 ] Caution : The following types of contracts are subject in some respects to special rules that depend on their formal characteristics and differ from those governing contracts in general : [ 14 ] contracts under seal recognizances negotiable instruments and documents letters of credit When used in its ordinary sense, the term \" contract '' implies enforceable obligations. [ 15 ] However, in popular speech, the word \" contract '' is frequently used as meaning the work done under a contract. [ 16 ] Observation : A contract is a verbal act that has a legal reality independent of the truth of any statement contained in it. [ 17 ] The right to perform a contract and to receive its profits and the right to performance by the other party are property rights entitling each party to the fulfillment of the contract by performance. [ 18 ] Under the Uniform Electronic Transactions Act, the term \" contract '' means the total legal obligation resulting from the parties ' agreement as affected by the act and other applicable law. [ 19 ] The term \" contract '' has a more specific and extended meaning than the terms \" promise '' or \" agreement. \" [ 20 ] The existence of a contract is a question of fact. [ 21 ] Tallies or receipts [ 22 ] and invoices [ 23 ] are generally not contracts.\n- See more at : XXXX XXXX XXXX XXXX XXXX","date_sent_to_company":"2017-05-25T22:03:54.000Z","issue":"Written notification about debt","sub_product":"Other debt","zip_code":"07306","tags":null,"has_narrative":true,"complaint_id":"2494524","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"I.C. System, Inc.","date_received":"2017-05-25T20:15:38.000Z","state":"NJ","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Didn't receive notice of right to dispute"},"highlight":{"complaint_what_happened":["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. If your offices are able to provide the proper documentation as requested in the following declaration, I will <em>require</em> 30 days to investigate this information and during such time all collection activity must cease and desist."]},"sort":[4.459638,"2494524"]},{"_index":"complaint-public-v1","_id":"6693726","_score":4.303981,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"Update My Personal Information XXXX XXXX Address : XXXX XXXX XXXX XXXX XXXXXXXX, Florida XXXX XX/XX/XXXX Experian XXXX XXXX XXXX XXXX, TX XXXX Sent Via Certified Mail Return Receipt Requested Dear Sir or Madam : NOTICE TO AGENT IS NOTICE TO PRINCIPAL AND NOTICE TO PRINCIPAL IS NOTICE TO AGENT STOP SAYING I'VE HIRED A CREDIT REPAIR COMPANY WHEN IN FACT, I DID NOT. THIS IS ME AS THE NATURAL LIVING PERSON AND THE CONSUMER THAT IS WRITING YOU. YOUR E-OSCAR SYSTEM IS FAULTY AND IM LETTING YOU KNOW I WILL FILE SUIT IF IT CONTINUES TO READ ME AS A 3RD PARTY COMPANY BECAUSE YOU ARE SHOWING DISCRIMINATION TOWARDS ME AND ARE VIOLATING MY RIGHTS TO PRIVACY AS WELL AS DISRESPECTING ME BY STATTING I DO NOT know MY RIGHTS AS A CONSUMER. \n\nI am writing to CERTIFY that I recently reviewed a copy of Experian credit report and found that part of the following \" PERSONAL INFORMATION '' was incorrect. I'm asking you to look into addresses that I've never lived at and that might be on my credit report as a result of fraud as soon as possible. 15 USC 1681 ( a ) ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy Please refer to the photocopy of my driver 's license that is attached. Just so you know : I've sent this paperwork certified mail. \n\nWho am I? XXXX XXXX Please IMMEDIATELY remove any more name variations. They are incorrect! \n\nMy current address is XXXX XXXX XXXXXXXX XXXX XXXXXXXX, Florida XXXX IMMEDIATELY delete all other addresses. They are incorrect! \nMy employment status right now is EMPLOYED. Please IMMEDIATELY delete any further job variations. They are incorrect! \nI ask that you remove these disputed items. A reasonable amount of time for you to finish your investigation is thirty ( 30 ) days. The FAIR CREDIT REPORTING ACT is in effect. 15 USC 1681 ( a ) ( 4 ), I am a federally protected consumer, and I have a right to privacy. Not granting me my rights is in direct violation of 15 USC 1681 and all its subsections. \nThe Credit Reporting Act states. Please notify me through mail when these items have been updated and deleted. I now certify that the information above is accurate and true. \n\nArtI.S10.C1.2.2.1 Limits on Issuing Legal Tender Article I, Section 10, Clause 1 : No State shall enter any Treaty, Alliance, or Confederation ; grant Letters of Marque and Reprisal ; coin Money ; emit Bills of Credit ; make any Thing but gold and silver Coin a Tender in Payment of Debts ; pass any Bill of Attainder , ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. \n\nTRUTH IN LENDING The Commission is empowered by this Act ( Title I of the Consumer Credit Protection Act ) to ensure that most non-depository organizations abide by various legal requirements. The Act, among other things, mandates that creditors who work with customers comply with other laws, provide certain written disclosures about financial costs and associated terms of credit transactions ( including revealing an APR ), and make certain disclosures in advertisements. Numerous amendments to the Act have included rules for credit cards and open-end credit, as well as for mortgage credit, including ability to repay standards, loan origination, anti-steering, appraisal independence, and mortgage servicing. The legislation that this Act amends and is enforced by are noted separately. \n\n\n\n\n\n\nAFFIDAVIT OF AGGRAVATED IDENTITY THEFT XXXX XXXX Address : XXXX XXXX XXXX XXXX XXXXXXXX, Florida XXXX XX/XX/XXXX Experian XXXX XXXX XXXX XXXX, TX XXXX Sent Via Certified Mail Return Receipt Requested Dear Sir or Madam : To whom it may concern : I'm writing to contest bogus accusations made against my consumer profile that was displayed on the Experian credit report. I was the victim of identity theft. At this moment I request that you remove the account, issue me an accurate statement and delete the fraudulent charges and any associated financial charges from my consumer profile. \n\nThis warning tells you that an unauthorized account was improperly reported to my consumer report. You do not have my signed consent to change my credit report. My private or personal information can not be used by you to contact third parties for any legal reason. Your offenses qualify as severe identity theft under 18 U.S.C. 1028A. You have committed a felony punishable by up to 2 years in prison and civil responsibility by willfully transferring, possessing, or using a method of identification of mine without my consent. \nThis agency violates 15 USC 1692g. I was supposed to receive written notice of this five days in advance, but I never did. I can prove this debt just because I am the original creditor. This debt is not justified by me. The accounts listed below must be removed from my report as a result. \n\nIf you don't act promptly to delete the aforementioned account and send out a free copy of my report after the adjustments have been made, legal action will be initiated against your business, and I will also be seeking {$1000.00} per infraction for the following : 1. Defamation of Character ( per se ) 2. Negligent Enablement of Identity Fraud 3. Fair Debt Collections Practices Act 15 USC 1692g violations 4. Fair Credit Reporting Act 15USC 1681 violations for willful noncompliance - 616. Civil liability for willful noncompliance [ 15 U.S.C. 1681n ] 15 US Code 1681n - Civil liability for willful noncompliance Any person who obtains a consumer report from a consumer reporting agency under false pretenses or knowingly without a permissible purpose shall be liable to the consumer reporting agency for actual damages sustained by the consumer reporting agency or {$1000.00}, whichever is greater. \nFair and Accurate Credit Transactions Act The Fair Credit Reporting Act, as amended by the FACT Act, contains provisions designed to enhance the accuracy and integrity of information in consumer reports. \nSection 312 of the FACT Act requires the agencies to : ( 1 ) establish and maintain guidelines on the accuracy and integrity of information furnished to credit bureaus ; ( 2 ) prescribe regulations that require entities that furnish such information to establish reasonable policies and procedures for implementing the guidelines; and ( 3 ) prescribe regulations that identify circumstances under which a furnisher will be required to reinvestigate disputes about the accuracy of the information contained in a consumer report based on a consumer 's direct request. \nThe FACT Act requires the agencies to consider specific factors as they develop guidelines and regulations to implement section 312. The ANPR contains a series of questions that will facilitate this process. \nThe above noted personal identifiers are the only requisite reported ones that I authorize, please eradicate any allegations of any others that you might have and block any others from being re-reported or demonstrate to me your regulatory right to retain as mandated by FCRA laws. I DO NOT AUTHORIZE you to retain ANY not MANDATED allegations versus me. ANY INFORMATION you retain, or report MUST be mandated, true, and correct. \ncomplete, timely, proven mine, of my responsibility, and otherwise compliant to any and every reporting regulation in my state or federal laws. \nLIABILITY FOR VIOLATIONS OF THE FCRA Failure to comply with the FCRA can result in state government or federal government enforcement actions, as well as private lawsuits. Sections 6 16, 617, and 621. In addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution. Section 619.Section 604 of the FCRA ( 15 U.S.C. 1681b No authorization or permissible purpose was established \" following the written instructions '' as the consumer to whom it relates to obtaining my consumer report under any circumstances. No consent has been granted from the consumer, even if verbally granted, for this is not good enough even if documentation of such consent is maintained. \n\nInformation regarding inquiries. Except as provided in section 609 ( a ) ( 5 ) [ 1681g ], a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer. \n\nFCRA sections in the U.S. Code, 15 U.S.C. 1681 et seq. \nEnd-users must provide certification to comply with permissible purpose requirement. \nEnd-users must ( 1 ) identify themselves, ( 2 ) certify the purpose for obtaining reports, ( 3 ) certify the information in the report will be used for no other purpose ( Blanket certification ). \nBackground screening companies have obligations to show reasonable procedures to ensure access to only permissible users. \nCertify to users that request will be used for a permissible purpose. \nAdverse Actions Based on Information Obtained From Third Parties Who Are Not Consumer Reporting Agencies If a person denies ( or increases the charge for ) credit for personal, family, or household purposes based either wholly or partly upon information from a person other than a CRA, and the information is the type of consumer information covered by the FCRA, Section 615 ( b ) ( 1 ) requires that the user clearly and accurately disclose to the consumer his or her right to be told the nature of the information that was relied upon if the consumer makes a written request within 60 days of notification. The user must provide the disclosure within a reasonable period of time following the consumer 's written request. \n15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. \n805. Communication in connection with debt collection ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt 812. Furnishing certain deceptive forms ( a ) It is illegal to design, put together, and provide any form with the knowledge that it will be used to give consumers the impression that someone other than their creditor is helping to collect or is trying to collect a debt they are supposedly owed by them, when in fact they are not. \n\n( b ) Anyone who violates this section is held accountable to the same degree and in the same way that a debt collector is under section 813 for breaking one of this title 's rules. \n\n814. Administrative enforcement ( a ) Federal Trade Commission The Federal Trade Commission shall be authorized to enforce compliance with this subchapter, except to the extent that enforcement of the requirements imposed under this subchapter is specifically committed to another Government agency under any of paragraphs ( 1 ) through ( 5 ) of subsection ( b ), subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ]. For purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ), a violation of this subchapter shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Federal Trade Commission to enforce compliance by any person with this subchapter, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests under the Federal Trade Commission Act, including the power to enforce the provisions of this subchapter, in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule. \n\n\nDECLARATION OF NON-RESPONSIBILITY I/We, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, Florida XXXX that I have never received nor used any credit cards, for the purchases of merchandise, services or for any other purpose. No Purchases or uses have been authorized by or with my consent or knowledge, and no benefit or value has been or will be received by me as a result of such transactions. Furthermore, I have never signed any application requesting the issuance of any said credit card, nor did I authorize any person to use a duplicate credit card issued under the above account number. I declare under penalty of perjury that the foregoing is true and correct. \n28 USC 3002 :15 ( 15 ) United States means ( A ) a Federal corporation ; ( B ) an agency, department, commission, board, or other entity of the United States XXXX or ( C ) an instrumentality of the United States XXXX \n\n\" I am a living breathing consumer with the right to privacy, I am NOT a citizen. Citizenship can NOT exist within any corporation ; for only members of a corporation reside '' USC 1602J ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection ( aa ) in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter. The term creditor includes a private educational lender ( as that term is defined in section 1650 of this title ) for purposes of this subchapter.\n\n15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. \n\nInaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. \n\n( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. \n\n( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.\n\n( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. \n\n( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regards to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. \n\nINCLUSIONS : The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ) protects personal financial information collected by consumer reporting agencies. The Act limits those who can access such information, and subsequent amendments have simplified the process by which consumers can obtain and correct the information collected about themselves. The FTC also actively enforces prohibitions on fraudulently obtaining personal financial information, a crime known as \" pretexting. '' Due to your erroneous data furnishing, you have \" ALSO '' made me a victim of harassment and abuse by violating FDCPA 15 U.S. Code 1692d : 15 U.S. Code 1692d - Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. \n\n( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.\n\n( 3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a ( f ) or 1681b ( 3 )? [ 1 ] of this title. \n\n( 4 ) The advertisement for sale of any debt to coerce payment of the debt.\n\n( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.\n\n( 6 ) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the callers identity. \n\n15 U.S. Code 1692b - Acquisition of location information Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall ( 1 ) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer ; ( 2 ) not state that such consumer owes any debt ; ( 3 ) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information ; ( 4 ) not communicate by post card ; ( 5 ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and ( 6 ) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorneys name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector. \n\n\n\n\n\n\n\n\n\nXXXX XXXX Address : XXXX XXXX XXXX XXXX  XXXX, Florida XXXX XX/XX/XXXX Experian XXXX XXXX XXXX XXXX, TX XXXX Sent Via Certified Mail Return Receipt Requested To Whom It May Concern : This notice is to inform you that you unlawfully reported fraudulent accounts that arose from IDENTITY THEFT that you did not verify as required by law on my consumer report. \n15 USC 1681b ( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 3 ) Information regarding inquiries ; Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer. \nThe Following Inquires are a result of Identity theft and was not initiated by me, I demand that they are DELETED immediately : XXXX. XXXX XXXX  Account Number : XXXX XXXX. The following personal information is incorrect Account Number : Previous Address ( es ) : XXXX XXXX XXXX XXXX XXXX, FL XXXX XX/XX/XXXX XXXX. The following personal information is incorrect Account Number : Also Known As : XXXX XXXX XXXX. The following personal information is incorrect Account Number : Previous Address ( es ) : XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, FL XXXX XX/XX/XXXX XXXX. The following personal information is incorrect Account Number : Previous Address ( es ) : XXXX XXXX XXXX XXXX XXXX, FL XXXX XX/XX/XXXX XXXX. XXXX XXXX  Account Number : XXXX XXXX. The following personal information is incorrect Account Number : Name : XXXXXXXX XXXX XXXXXXXX XXXX. The following personal information is incorrect Account Number : Also Known As : XXXX XXXX XXXX. The following personal information is incorrect Account Number : Previous Address ( es ) : XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX, FL XXXX XX/XX/XXXX XXXX. The following personal information is incorrect Account Number : Previous Address ( es ) : XXXX XXXX XXXX XXXX XXXX, FL XXXX XX/XX/XXXX The information regarding this account is inaccurate because I dont have a contract with this company, nor do I owe a balance. account needs to be deleted immediately because it is detrimental to my Credit report and score. \nThe following supporting documents are enclosed for your review : 1. Identity Theft Report 2. Notary My identity has been stolen you are hereby put on notice. \nAggravated Identity Theft pursuant to 18 U.S.C. 1028A.\n\n( 1 ) In general. \nWhoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. \nAn identification of me has been used without my permission to open several accounts that have damaged my reputation and damaged my mode of living because you furnished a consumer report without my written permission as stated by Federal Law 15 USC 1681b Permissible purpose of consumer reports In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18. \n( 2 ) In accordance with the written instructions of the consumer to whom it relates. \" As ( 3 ) To a person which it has reason to believe Credit Reporting and Scores Under the CARES Act In response to the unprecedented financial impact of the COVID-19 outbreak, many lenders have developed relief options that give consumers wiggle room if they are unable to make their regular payments. To protect consumers against being reported as delinquent if they utilize these options, the CARES Act calls for creditors to adjust how they report accounts that have been modified. \nThe law requires creditors to report any account that has a payment accommodation applied to it as current to the credit bureausas long as the account was current when the accommodation was made. Here are two scenarios you could experience under the CARES Act : If your loan is considered current ( not past due ) at the time you make an agreement with your creditor to modify repayment, the creditor needs to report to the credit bureaus that you are current on your loan. \nIf your loan is considered delinquent ( past due ) when you make an agreement with your creditor, your status will continue to show as delinquent until you bring the account back into good standing. Once you bring the account current, the creditor must report your status as current to the credit bureaus. \nAccording to the new law, an \" accommodation '' could be an agreement to make partial payment, to put a loan in forbearance, to modify a loan or to offer any other relief. \nThe CARES Act protections require creditors to follow these guidelines for all agreements made between XX/XX/XXXX, through either XX/XX/XXXX ( 120 days after XX/XX/XXXX, when the law was enacted ), or 120 days from the date the COVID-19 national emergency is declared over. \nIf you're unsure about your specific arrangement and want to know whether you're protected by these requirements, contact your lender and ask how they plan to report your information to credit bureaus. Make sure you document all your interactions by taking notes and screenshots and saving emails, so if your lender fails to follow through, you'll be prepared to dispute them. \n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\n\nXXXX XXXX Address : XXXX XXXX XXXX XXXX XXXX, Florida XXXX XX/XX/XXXX Experian XXXX XXXX XXXX XXXX, TX XXXX To Whom It May Concern : I recently received a copy of my Experian credit report, and I noticed some late payments posted on my credit report : XXXX. XXXX XXXX  Account Number : XXXX XXXX. The following personal information is incorrect Account Number : Previous Address ( es ) : XXXX XXXX XXXX XXXX XXXX, FL XXXX XX/XX/XXXX XXXX. The following personal information is incorrect Account Number : Also Known As : XXXX XXXX XXXX. The following personal information is incorrect Account Number : Previous Address ( es ) : XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, FL XXXX XX/XX/XXXX XXXX. The following personal information is incorrect Account Number : Previous Address ( es ) : XXXX XXXX XXXX XXXX XXXX, FL XXXX XX/XX/XXXX XXXX. XXXX XXXX  Account Number : XXXX XXXX. The following personal information is incorrect Account Number : Name : XXXX XXXX XXXXXXXX XXXX. The following personal information is incorrect Account Number : Also Known As : XXXX XXXX XXXX. The following personal information is incorrect Account Number : Previous Address ( es ) : XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, FL XXXX XX/XX/XXXX XXXX. The following personal information is incorrect Account Number : Previous Address ( es ) : XXXX XXXX XXXX XXXX XXXX, FL XXXX XX/XX/XXXX I recently received a copy of my consumer report, and I noticed some late payments posted on my accounts. By law, pertaining to the CARES ACT, accommodations were made to my account and ive been current since, and late payments should have not been reported and is a clear violation to my rights as a CONSUMER. I have never missed a payment in the month of XX/XX/XXXX or any months after. Pleas update the month of XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX to either ON TIME, NO DATA/DATA UNAVAILABLE, or DELETE ACCOUNT altogether : The following supporting documents are enclosed for your review : 1. Identity Theft Report 2. CARES ACT Your company is in clear violation of the law. Under 15 US C 1681b permissible purpose of consumer reports, THE LAW CLEARLY STATES : XXXX. XXXX XXXX  Account Number : XXXX XXXX. The following personal information is incorrect Account Number : Previous Address ( es ) : XXXX XXXX XXXX XXXX XXXX, FL XXXX XX/XX/XXXX XXXX. The following personal information is incorrect Account Number : Also Known As : XXXX XXXX XXXX. The following personal information is incorrect Account Number : Previous Address ( es ) : XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, FL XXXX XX/XX/XXXX XXXX. The following personal information is incorrect Account Number : Previous Address ( es ) : XXXX XXXX XXXX XXXX XXXX, FL XXXX XX/XX/XXXX XXXX. XXXX XXXX  Account Number : XXXX XXXX. The following personal information is incorrect Account Number : Name : XXXXXXXX XXXX XXXXXXXX XXXX. The following personal information is incorrect Account Number : Also Known As : XXXX XXXX XXXX. The following personal information is incorrect Account Number : Previous Address ( es ) : XXXX XXXX XXXX XXXX  XXXX XXXX XXXX, FL XXXX XX/XX/XXXX XXXX. The following personal information is incorrect Account Number : Previous Address ( es ) : XXXX XXXX XXXX XXXX XXXX, FL XXXX XX/XX/XXXX Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instruction of the consumer to whom it relates. \n\nDid I give you written instruction to furnish this on my credit report? \n\nFurthermore, the fair credit reporting act 15 USC 1681b ( 2 ) ( a ) ( 1 ) Exclusion from a consumer credit report clearly states : ( 2 ) EXCLUSIONS -- Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) Subject to section 1681s-3 of this tile, any- ( i ) Report containing information solely as to transactions or experiences between the consumer and the person making the report. \nDelete the above late payments from any consumer report, this agency is in violation of 15 USC 168i. \n\nI recently received a copy of my consumer report, and I noticed some late payments posted on my accounts. By law, pertaining to the CARES ACT, accommodations were made to my account and ive been current since, and late payments should have not been reported and is a clear violation to my rights as a CONSUMER. I have never missed a payment in the month of XX/XX/XXXX or any months after. Pleas update the month of XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX to either ON TIME, NO DATA/DATA UNAVAILABLE, or DELETE ACCOUNT altogether : The following supporting documents are enclosed for your review : 1. Identity Theft Report 2. CARES ACT Your company is in clear violation of the law. Under 15 US C 1681b permissible purpose of consumer reports, THE LAW CLEARLY STATES : Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instruction of the consumer to whom it relates. \n\nDid I give you written instruction to furnish this on my credit report? \n\nFurthermore, the fair credit reporting act 15 USC 1681b ( 2 ) ( a ) ( 1 ) Exclusion from a consumer credit report clearly states : ( 2 ) EXCLUSIONS -- Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) Subject to section 1681s-3 of this tile, any- ( i ) Report containing information solely as to transactions or experiences between the consumer and the person making the report. \nDelete the above late payments from any consumer report, this agency is in violation of 15 USC 168i.\n\nYour company is in clear violation of the law. Under 15 US C 1681b permissible purpose of consumer reports, THE LAW CLEARLY STATES : Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 2 ) In accordance with the written instruction of the consumer to whom it relates. \n\nDid I give you written instruction to furnish this","date_sent_to_company":"2023-03-14T21:27:12.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"33027","tags":null,"has_narrative":true,"complaint_id":"6693726","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-03-14T21:01:51.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["The Act, among other things, mandates that creditors who work with customers comply with other laws, provide <em>certain</em> written disclosures about financial costs and associated terms of credit transactions ( including revealing an APR ), and make <em>certain</em> disclosures in advertisements."]},"sort":[4.303981,"6693726"]},{"_index":"complaint-public-v1","_id":"8768922","_score":4.263341,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I just recently look at my credit report and seen that I have hard inquiries on my report that have no permissions purpose. I also have attached the evidence. \n\nXXXX XXXX XXXXXXXX ( XXXX XXXX, XXXX ) XXXXXXXX XXXX ( XX/XX/XXXX ) XXXX XXXX ( XX/XX/XXXX ) XXXX XXXX ( XXXX XXXX ) I XXXX XXXX XXXX, have look at my credit report and see that there are inaccurate reports on my account child support dont not report to credit reporters and by lawful cancellation all contracts and remove theses accounts off my credit profile I will like a contract to show that me a living soul that me and them the other party showed in contact where we both agreed upon on all disclosure must be showed its a invalid contract please remove from my credit report it have hinder me from my future benefits. Please all other spelled name from my credit report I will just like to have my came as showed here XXXX XXXX XXXX, I do not have a contract with these companies please remove all accounts from my credit report XXXX XXXX XXXX ( XXXX ) XXXX XXXX XXXX  ( XXXX ). I HAVE NOTICE THESE NAMES AND ADDRESSES DO NOT BELONG TO ME CAN YOU PLEASE UPDATE MY INFORMATION ON ALL MY CREDIT REPORT PROFILES. XXXX XXXX XXXX is my correct name please update on TransUnion And experience XXXX XXXX XXXX is not me. This address is inaccurate XXXX XXXX XXXX XXXX XXXX XXXX is inaccurate please remove from my profile i Noticed this account was not removed and this is a debt collector who purchase my information illegally, XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, has violated my rights. 15 U.S.C 6802 ( B ) The consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 15 U.S.C 1681 section 602 A. States I have the right to privacy. thanks UCC 1-308 without prejudice Blessing v. Freestone, XXXX XXXX XXXX XXXX XXXX ) XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX No. XXXX. Argued XX/XX/XXXX, XXXX XX/XX/XXXX Respondents, XXXX Arizona mothers whose children are eligible for state child support services under Title IV -D of the Social Security Act, filed this 42 U. S. C. 1983 suit against petitioner, the director of the state child support agency, claiming, among other things, that they properly applied for child support services ; that, despite their good faith efforts to cooperate, the agency never took adequate steps to obtain child support payments for them ; that these omissions were largely attributable to staff shortages and other structural defects in the State 's program ; and that these systemic failures violated their individual rights under Title IV-D to have all mandated services delivered in substantial compliance with the title and its implementing regulations. They requested broad relief, including a declaratory judgment that the Arizona program 's operation violates Title IV -D provisions creating rights in them that are enforceable through a 1983 action, and an injunction requiring the director to achieve substantial compliance with Title IV-D throughout all programmatic operations. The District Court granted summary judgment for petitioner, but the Ninth Circuit reversed. Without distinguishing among the numerous provisions of the complex Title IV-D program or the many rights those provisions might have created, the latter court held that respondents had an enforceable individual right to have the State achieve \" substantial compliance '' with Title IV-D. It also disagreed with the District Court 's conclusion that Congress had foreclosed private Title IV-D enforcement actions by authorizing the Secretary of Health and Human Services ( Secretary ) to audit and cut off funds to States whose programs do not substantially comply with Title IV-D 's requirements Held : Title IV-D does not give individuals a federal right to force a state agency to substantially comply with Title IV-D. Pp.340-349. ( a ) A plaintiff seeking 1983 redress must assert the violation of a federal right, not merely of federal law. XXXX XXXX XXXX XXXX v. XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX. XXXX principal factors determine whether a statutory provision creates a privately enforceable right : ( 1 ) whether the plaintiff is an intended beneficiary of the statute ; ( 2 ) whether the plaintiff 's asserted interests are not so vague and amor-phous as to be beyond the competence of the judiciary to enforce ; and ( 3 ) whether the statute imposes a binding obligation on the State. See, e. g., XXXX XXXX Virginia XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX. Even if a plaintiff demonstrates such a right, however, there is only a rebuttable presumption that it is enforceable under XXXX. Dismissal is proper if Congress specifically foreclosed a XXXX remedy, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX, XXXX, either expressly, by forbidding recourse to XXXX in the statute itself, or impliedly, by creating a comprehensive enforcement scheme that is incompatible with individual XXXX enforcement, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX pp. XXXX. ( b ) Respondents have not established that Title IV-D gives them individually enforceable federal rights. In prior cases, the Court has been able to determine whether or not a statute created such rights because the plaintiffs articulated, and lower courts evaluated, welldefined claims. See, e. g., XXXX XXXX XXXX XXXX and XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX. Here, respondents have not identified with particularity the rights they claim, and the Ninth Circuit has not engaged in the requisite methodical inquiry. That court erred in apparently holding that individuals have an enforceable right to \" substantial compliance '' with Title IV-D in all respects. The statutory \" substantial compliance '' requirement, see, e. g., XXXX XXXX XXXX XXXX XXXX ( a ) ( XXXX ) ( XXXX XXXX, Supp. XXXX ), does not give rise to individual rights ; it was not intended to benefit individual children and custodial parents, but is simply a yardstick for the Secretary to measure the systemwide performance of a State 's Title IV-D program, allowing her to increase the frequency of audits and reduce the State 's federal grant upon a finding of substantial noncompliance. The Court of Appeals also erred in taking a blanket approach to determining whether Title IV-D creates rights : It is readily apparent that many of the provisions of that multifaceted statutory scheme, including its \" substantial compliance '' standard and data processing, staffing, and organizational requirements, do not fit any of the traditional criteria for identifying statutory rights. Although this Court does not foreclose the possibility that some Title IV-D provisions give rise to individual rights, the Ninth Circuit did not separate out the particular rights it believed arise from the statutory scheme, the complaint is less than clear in this regard, and it is not certain whether respondents sought any relief more specific than a declaration that their \" rights '' were being violated and an injunction forcing petitioner to \" substantially comply '' with all of Title IV-D 's provisions. This defect is best addressed by sending the case back for the District Court to construe the complaint in the first instance, in order to determine exactly what rights, considered in their most concrete, specific form, respondents are asserting. Only by manageably breaking down the 42 U.S. Code 1983 - Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officers judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. 12 U.S. Code 411 - Issuance to reserve banks ; nature of obligation ; redemption Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues.\n\nI will like a contract to show that me a living soul that me and them the other party showed in contact where we both agreed upon on all disclosure must be showed its a invalid contract please remove from my credit report it have hinder me from my future benefits. Please all other spelled name from my credit report I will just like to have my came as showed here XXXX XXXX XXXX, I do not have a contract with these companies please remove all accounts from my credit report XXXX XXXX XXXX XXXX XXXX ) XXXX XXXX XXXX ( XXXX ). I HAVE NOTICE THESE NAMES AND ADDRESSES DO NOT BELONG TO ME CAN YOU PLEASE UPDATE MY INFORMATION ON ALL MY CREDIT REPORT PROFILES. XXXX XXXX XXXX is my correct name please update on TransUnion And experience XXXX XXXX XXXX is not me. This address is inaccurate XXXX XXXX XXXX XXXX XXXX XXXX is inaccurate please remove from my profile i Noticed this account was not removed and this is a debt collector who purchase my information illegally, XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  has violated my rights. 15 U.S.C 6802 ( B ) The consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 15 U.S.C 1681 section 602 A. States I have the right to privacy. thanks UCC 1-308 without UCC 3-604 . Discharge by cancellation or renunciation. ( a ) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument ( i ) by an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party 's signature, or the addition of words to the instrument indicating discharge, or ( ii ) by agreeing not to sue or otherwise renouncing rights against the party by a signed writing. ( b ) Cancellation or striking out of an indorsement pursuant to subsection ( a ) does not affect the status and rights of a party derived from the indorsement. UCC 3-603. TENDER OF PAYMENT. ( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. ( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. ( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument. UCC 3-602. PAYMENT. ( a ) Subject to subsection ( b ), an instrument is paid to the extent payment is made ( i ) by or on behalf of a party obliged to pay the instrument, and ( ii ) to a person entitled to enforce the instrument. To the extent of the payment, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Section 3-306 by another person. ( b ) Subject to subsection ( e ) a note is paid to the extent payment is made by or on behalf of a party obliged to pay the note to a person that formerly was entitled to enforce the note only if at the time of the payment the party obliged to pay has not received adequate notification that the note has been transferred and that payment is to be made to the transferee. A notification is adequate only if it is signed by the transferor or the transferee ; reasonably identifies the transferred note ; and provides an address at which payments subsequently can be made. Upon request, a transferee shall seasonably furnish reasonable proof that the note has been transferred. Unless the transferee complies with the request, a payment to the person that formerly was entitled to enforce the note is effective for purposes of subsection ( c ) even if the party obliged to pay the note has received a notification under this paragraph. ( c ) Subject to subsection ( e ), to the extent of a payment under subsections ( a ) and ( b ), the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Section 3-306 by another person. ( d ) Subject to subsection ( e ), a transferee, or any party that has acquired rights in the instrument directly or indirectly from a transferee, including any such party that has rights as a holder in due course, is deemed to have notice of any payment that is made under subsection ( b ) after the date that the note is transferred to the transferee but before the party obliged to pay the note receives adequate notification of the transfer. ( e ) The obligation of a party to pay the instrument is not discharged under subsections ( a ) through ( d ) if : ( 1 ) a claim to the instrument under Section 3-306 is enforceable against the party receiving payment and ( i ) payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction, or ( ii ) in the case of an instrument other than a cashier 's check, teller 's check, or certified check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person entitled to enforce the instrument; or ( 2 ) the person making payment knows that the instrument is a stolen instrument and pays a person it knows is in wrongful possession of the instrument. ( f ) As used in this section, \" signed, '' with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process to or with the record with the present intent to adopt or accept the record. of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account. 15 U.S. Code 1692i - Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall ( 1 ) in the case of an action to enforce an interest in real property securing the consumers obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action. ( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collector. 15 U.S. Code 2310 - Remedies in consumer disputes ( a ) Informal dispute settlement procedures ; establishment ; rules setting forth minimum requirements ; effect of compliance by warrantor ; review of informal procedures or implementation by Commission ; application to existing informal procedures ( 1 ) Congress hereby declares it to be its policy to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms. ( 2 ) The Commission shall prescribe rules setting forth minimum requirements for any informal dispute settlement procedure which is incorporated into the terms of a written warranty to which any provision of this chapter applies. Such rules shall provide for participation in such procedure by independent or governmental entities. has violated my rights. 15 U.S.C 6802 ( B ) The consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions. 15 U.S.C 1681c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 15 U.S.C 1681 section 623 If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623 ( a ) ( 1 ) ( B ). 15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Also the credit bureaus failed to do a complete a full investigation here is my certified cfpb complaint number. I HAVE TRYING CALLING AND MORE AND HAVE NOT GOT NOT MAIL TO UPDATE ME ON MY CREDIT REPOT I SEE THEY ARE FAILED TO COMPLETE A FULL investigation. XXXX XXXX XXXX is my correct name this is a violation. XXXX XXXX XXXX is incorrect. TRANSUNION XXXX ( XXXX XXXX XXXX XXXX XXXX INCORRECT ON MY CREDIT REPORT XXXX XXXX XXXX XXXX CLOSE WITH MONETARY RELIEF. 15 U.S. Code 1681i - Procedure in case of disputed accuracy ( 5 ) Treatment of inaccurate or unverifiable information ( A ) In generally If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer.\n\n15 U.S. Code 1681q - Obtaining information under false pretenses Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both.","date_sent_to_company":"2024-04-15T02:07:08.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"68502","tags":null,"has_narrative":true,"complaint_id":"8768922","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-04-15T00:55:44.000Z","state":"NE","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Credit inquiries on your report that you don't recognize"},"highlight":{"complaint_what_happened":["I just <em>recently</em> look at my credit report and seen that I have hard inquiries on my report that have no permissions purpose. I also have attached the evidence."]},"sort":[4.263341,"8768922"]},{"_index":"complaint-public-v1","_id":"8768716","_score":4.2613683,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I just recently look at my credit report and seen that I have hard inquiries on my report that have no permissions purpose. I also have attached the evidence. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, have look at my credit report and see that there are inaccurate reports on my account child support dont not report to credit reporters and by lawful cancellation all contracts and remove theses accounts off my credit profile I will like a contract to show that me a living soul that me and them the other party showed in contact where we both agreed upon on all disclosure must be showed its a invalid contract please remove from my credit report it have hinder me from my future benefits. Please all other spelled name from my credit report I will just like to have my came as showed here XXXX XXXX XXXX, XXXX do not have a contract with these companies please remove all accounts from my credit report XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX  ). I HAVE NOTICE THESE NAMES AND ADDRESSES DO NOT BELONG TO ME CAN YOU PLEASE UPDATE MY INFORMATION ON ALL MY CREDIT REPORT PROFILES. XXXX XXXX XXXX is my correct name please update on XXXX And experience XXXX XXXX XXXX is not me. This address is inaccurate XXXX XXXX XXXX XXXX XXXX XXXX is inaccurate please remove from my profile i Noticed this account was not removed and this is a debt collector who purchase my information illegally, XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, has violated my rights. 15 U.S.C 6802 ( B ) The consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 15 U.S.C 1681 section 602 A. States I have the right to privacy. thanks XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXespondents, XXXX Arizona mothers whose children are eligible for state child support services under Title IV -D of the Social Security Act, filed this 42 U. S. C. 1983 suit against petitioner, the director of the state child support agency, claiming, among other things, that they properly applied for child support services ; that, despite their good faith efforts to cooperate, the agency never took adequate steps to obtain child support payments for them ; that these omissions were largely attributable to staff shortages and other structural defects in the State 's program ; and that these systemic failures violated their individual rights under Title IV-D to have all mandated services delivered in substantial compliance with the title and its implementing regulations. They requested broad relief, including a declaratory judgment that the Arizona program 's operation violates Title IV -D provisions creating rights in them that are enforceable through a 1983 action, and an injunction requiring the director to achieve substantial compliance with Title IV-D throughout all programmatic operations. The District Court granted summary judgment for petitioner, but the Ninth Circuit reversed. Without distinguishing among the numerous provisions of the complex Title IV-D program or the many rights those provisions might have created, the latter court held that respondents had an enforceable individual right to have the State achieve \" substantial compliance '' with Title IV-D. It also disagreed with the District Court 's conclusion that Congress had foreclosed private Title IV-D enforcement actions by authorizing the Secretary of Health and Human Services ( Secretary ) to audit and cut off funds to States whose programs do not substantially comply with Title IV-D 's requirements Held : Title IV-D does not give individuals a federal right to force a state agency to substantially comply with Title IV-D. Pp.340-349. ( a ) A plaintiff seeking 1983 redress must assert the violation of a federal right, not merely of federal law. Golden State Transit Corp. v. Los Angeles, 493 U. S. 103, 106. Three principal factors determine whether a statutory provision creates a privately enforceable right : ( 1 ) whether the plaintiff is an intended beneficiary of the statute ; ( 2 ) whether the plaintiff 's asserted interests are not so vague and amor-phous as to be beyond the competence of the judiciary to enforce ; and ( 3 ) whether the statute imposes a binding obligation on the State. See, e. g., Wilder v. Virginia Hospital Assn., 496 U. S. 498, 509. Even if a plaintiff demonstrates such a right, however, there is only a rebuttable presumption that it is enforceable under 1983. Dismissal is proper if Congress specifically foreclosed a 1983 remedy, Smith v. Robinson, 468 U. S. 992, 1005, n. 9, 1003, either expressly, by forbidding recourse to 1983 in the statute itself, or impliedly, by creating a comprehensive enforcement scheme that is incompatible with individual 1983 enforcement, Livadas v. Bradshaw, 512 U. S. 107, 133. pp. 340-341. ( b ) Respondents have not established that Title IV-D gives them individually enforceable federal rights. In prior cases, the Court has been able to determine whether or not a statute created such rights because the plaintiffs articulated, and lower courts evaluated, welldefined claims. See, e. g., Wright v. Roanoke Redevelopment and Housing Authority, 479 U. S. 418, 430. Here, respondents have not identified with particularity the rights they claim, and the Ninth Circuit has not engaged in the requisite methodical inquiry. That court erred in apparently holding that individuals have an enforceable right to \" substantial compliance '' with Title IV-D in all respects. The statutory \" substantial compliance '' requirement, see, e. g., 42 U. S. C. 609 ( a ) ( 8 ) ( 1994 ed., Supp. II ), does not give rise to individual rights ; it was not intended to benefit individual children and custodial parents, but is simply a yardstick for the Secretary to measure the systemwide performance of a State 's Title IV-D program, allowing her to increase the frequency of audits and reduce the State 's federal grant upon a finding of substantial noncompliance. The Court of Appeals also erred in taking a blanket approach to determining whether Title IV-D creates rights : It is readily apparent that many of the provisions of that multifaceted statutory scheme, including its \" substantial compliance '' standard and data processing, staffing, and organizational requirements, do not fit any of the traditional criteria for identifying statutory rights. Although this Court does not foreclose the possibility that some Title IV-D provisions give rise to individual rights, the Ninth Circuit did not separate out the particular rights it believed arise from the statutory scheme, the complaint is less than clear in this regard, and it is not certain whether respondents sought any relief more specific than a declaration that their \" rights '' were being violated and an injunction forcing petitioner to \" substantially comply '' with all of Title IV-D 's provisions. This defect is best addressed by sending the case back for the District Court to construe the complaint in the first instance, in order to determine exactly what rights, considered in their most concrete, specific form, respondents are asserting. Only by manageably breaking down the 42 U.S. Code 1983 - Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officers judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. 12 U.S. Code 411 - Issuance to reserve banks ; nature of obligation ; redemption Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. \n\nI will like a contract to show that me a living soul that me and them the other party showed in contact where we both agreed upon on all disclosure must be showed its a invalid contract please remove from my credit report it have hinder me from my future benefits. Please all other spelled name from my credit report I will just like to have my came as showed here XXXX XXXX XXXX, XXXX do not have a contract with these companies please remove all accounts from my credit report XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ). I HAVE NOTICE THESE NAMES AND ADDRESSES DO NOT BELONG TO ME CAN YOU PLEASE UPDATE MY INFORMATION ON ALL MY CREDIT REPORT PROFILES. XXXX XXXX XXXX is my correct name please update on XXXX And experience XXXX XXXX XXXX is not me. This address is inaccurate XXXX XXXX XXXX XXXX XXXX XXXX is inaccurate please remove from my profile i Noticed this account was not removed and this is a debt collector who purchase my information illegally, XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, XXXX XXXX XXXX : XXXX, XXXX ACCOUNT XXXX : XXXX, XXXXXXXX XXXX XXXX : XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, has violated my rights. 15 U.S.C 6802 ( B ) The consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 15 U.S.C 1681 section 602 A. States I have the right to privacy. thanks UCC 1-308 without UCC 3-604 . Discharge by cancellation or renunciation. ( a ) A person entitled to enforce an instrument, with or without consideration, may discharge the obligation of a party to pay the instrument ( i ) by an intentional voluntary act, such as surrender of the instrument to the party, destruction, mutilation, or cancellation of the instrument, cancellation or striking out of the party 's signature, or the addition of words to the instrument indicating discharge, or ( ii ) by agreeing not to sue or otherwise renouncing rights against the party by a signed writing. ( b ) Cancellation or striking out of an indorsement pursuant to subsection ( a ) does not affect the status and rights of a party derived from the indorsement. UCC 3-603. TENDER OF PAYMENT. ( a ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract. ( b ) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates. ( c ) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument. UCC 3-602. PAYMENT. ( a ) Subject to subsection ( b ), an instrument is paid to the extent payment is made ( i ) by or on behalf of a party obliged to pay the instrument, and ( ii ) to a person entitled to enforce the instrument. To the extent of the payment, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Section 3-306 by another person. ( b ) Subject to subsection ( e ) a note is paid to the extent payment is made by or on behalf of a party obliged to pay the note to a person that formerly was entitled to enforce the note only if at the time of the payment the party obliged to pay has not received adequate notification that the note has been transferred and that payment is to be made to the transferee. A notification is adequate only if it is signed by the transferor or the transferee ; reasonably identifies the transferred note ; and provides an address at which payments subsequently can be made. Upon request, a transferee shall seasonably furnish reasonable proof that the note has been transferred. Unless the transferee complies with the request, a payment to the person that formerly was entitled to enforce the note is effective for purposes of subsection ( c ) even if the party obliged to pay the note has received a notification under this paragraph. ( c ) Subject to subsection ( e ), to the extent of a payment under subsections ( a ) and ( b ), the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under Section 3-306 by another person. ( d ) Subject to subsection ( e ), a transferee, or any party that has acquired rights in the instrument directly or indirectly from a transferee, including any such party that has rights as a holder in due course, is deemed to have notice of any payment that is made under subsection ( b ) after the date that the note is transferred to the transferee but before the party obliged to pay the note receives adequate notification of the transfer. ( e ) The obligation of a party to pay the instrument is not discharged under subsections ( a ) through ( d ) if : ( 1 ) a claim to the instrument under Section 3-306 is enforceable against the party receiving payment and ( i ) payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction, or ( ii ) in the case of an instrument other than a cashier 's check, teller 's check, or certified check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person entitled to enforce the instrument; or ( 2 ) the person making payment knows that the instrument is a stolen instrument and pays a person it knows is in wrongful possession of the instrument. ( f ) As used in this section, \" signed, '' with respect to a record that is not a writing, includes the attachment to or logical association with the record of an electronic symbol, sound, or process to or with the record with the present intent to adopt or accept the record. of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account. 15 U.S. Code 1692i - Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall ( 1 ) in the case of an action to enforce an interest in real property securing the consumers obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action. ( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collector. 15 U.S. Code 2310 - Remedies in consumer disputes ( a ) Informal dispute settlement procedures ; establishment ; rules setting forth minimum requirements ; effect of compliance by warrantor ; review of informal procedures or implementation by Commission ; application to existing informal procedures ( 1 ) Congress hereby declares it to be its policy to encourage warrantors to establish procedures whereby consumer disputes are fairly and expeditiously settled through informal dispute settlement mechanisms. ( 2 ) The Commission shall prescribe rules setting forth minimum requirements for any informal dispute settlement procedure which is incorporated into the terms of a written warranty to which any provision of this chapter applies. Such rules shall provide for participation in such procedure by independent or governmental entities. has violated my rights. 15 U.S.C 6802 ( B ) The consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions. 15 U.S.C 1681c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 15 U.S.C 1681 section 623 If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623 ( a ) ( 1 ) ( B ). 15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Also the credit bureaus failed to do a complete a full investigation here is my certified cfpb complaint number. I HAVE TRYING CALLING AND MORE AND HAVE NOT GOT NOT MAIL TO UPDATE ME ON MY CREDIT REPOT I SEE THEY ARE FAILED TO COMPLETE A FULL investigation. XXXX XXXX XXXX is my correct name this is a violation. XXXX XXXX XXXX is incorrect. XXXX XXXX ( XXXX XXXX XXXX XXXX XXXX INCORRECT ON MY CREDIT REPORT XXXX XXXX EQUIFAX XXXX CLOSE WITH MONETARY RELIEF. 15 U.S. Code 1681i - Procedure in case of disputed accuracy ( 5 ) Treatment of inaccurate or unverifiable information ( A ) In generally If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer.\n\n15 U.S. Code 1681q - Obtaining information under false pretenses Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both.","date_sent_to_company":"2024-04-15T02:07:19.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"68502","tags":null,"has_narrative":true,"complaint_id":"8768716","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-04-15T02:07:16.000Z","state":"NE","company_public_response":null,"sub_issue":"Credit inquiries on your report that you don't recognize"},"highlight":{"complaint_what_happened":["I just <em>recently</em> look at my credit report and seen that I have hard inquiries on my report that have no permissions purpose. I also have attached the evidence."]},"sort":[4.2613683,"8768716"]},{"_index":"complaint-public-v1","_id":"8582087","_score":4.2374144,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"The Fair Credit Reporting Act ( Title IV of the Consumer Credit Reporting Act - 15 USC 1681 ) was created as rulebook if you will, which outlines the acceptable parameters within which these credit reporting agencies, financial institutions, and data brokers/collection agencies must operate with regard for the sensitive consumer information that they possess whether direct or indirectly obtained. It also clearly identifies remedies and recourse for infractions that are perpetrated against the consumers and who is responsible for the overseeing and enforcing the well laid out dos and donts. These financial institutions and credit reporting agencies repeatedly test the waters by trying to violate our inherent rights to privacy as well as the right to fair and accurate reporting. Since these consumer reporting agencies ASSUMED the role which has been established as VITAL, I should then be able to ASSUME that they are going to adhere to the policy set forth by the Commission and take their responsibilities seriously. They have now even ventured into the realm of securities fraud when they started to securitize consumers data. In general, the additions of the Credit Card Act, The Dodd-Frank Act, Fair and Accurate Credit Transactions Act and even more recently the CARES Act only serve to reinforce consumer rights and add to the list of protected items that CAN NOT be included in any CONSUMER REPORT ( Definition of a Consumer Report is any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living ). The clear EXCLUSIONS, which I have included in more detail below, are TRANSACTION HISTORY OR EXPERIENCES between the consumer and whomever made the report, ANY ITEM OF ADVERSE INFORMATION other than convictions of crimes antedating the report by more than 7 years ( meaning LATE PAYMENTS, DEROGATORY MARKS ON THE ACCOUNT-ILLEGAL ), certain restrictions on Medical Debts/Obligations, ANY information identified by the consumer as fraudulent or resulting from identity theft ( of course following the provisions set by the agency/financial institution at the address specified to receive such information with supporting documentation that upon the receipt of which WILL REMOVE THE ITEMS OF FRAUD/ID THEFT BY BLOCKING SUCH INFORMATION NOT LATER THAN 4 BUSINESS DAYS AFTER RECEIPT ), and probably the biggest one- NOTHING CAN BE REPORTED WITHOUT WRITTEN CONSENT OF THE CONSUMER TO WHICH IT PERTAINS. I believe that falls under PERMISSIBLE PURPOSE. I do not remember giving written consent to any of the consumer reporting agencies allowing them to include ANY piece of information in my consumer report nor do have I ever given them the authorization to give sneak peaks of my consumer report to ANY company looking to provide me with a firm offer of credit or otherwise from the designated database list of consumers they keep for promotional inquiries. The number of times an unauthorized review occurred of my consumer report is astounding. The most disturbing element occurring here is the fact that these Credit Reporting Agencies are SECURITIZING CONSUMERS DATA on both the primary and secondary markets and then have the audacity to attempt to deny the consumers their most basic afforded right over their own data- THE RIGHT TO PRIVACY. Federal laws provide consumers the inarguable right to limit the sharing of any non public personal information to ANY non-affiliate 3rd party by way of an OPT OUT NOTICE that is to be provided at the time of account opening and again every 30 days thereafter which is to be adhered to immediately and indefinitely until otherwise indicated in writing by the consumer to which it pertains. Since adequate means of exercising my right to opt out of the sharing of my personal information was NOT provided to me by the financial institutions, I drafted a notice to each of the institutions noted in my complaint and sent it into the address indicated to receive such correspondence by registered mail. Key Points as well as the laws that govern everything I have stated above are below for your review. Key Takeaways ( 1. ) Unless it is verified that a company requesting my consumer report has written permission with my wet ink signature for a consumer reporting agency to release my consumer report, then all of the inquiries appearing on my report were obtained fraudulently and did not have PERMISSIBLE PURPOSE to acquire said report and I am demanding ALL INQUIRIES BE REMOVED IMMEDIATELY ( 2. ) Reporting transaction history/experiences on all the accounts contained in my consumer credit report is illegal and I am requesting that ALL PAYMENT HISTORY BE UPDATED TO PAID AS AGREED AND CORRESPONDING UTILIZATION RATES BE SET AT 10 % since I am not nor have I ever authorized this to be shared, and again, it is illegal to be included in my consumer report ( 3. ) I have the right to FAIR AND ACCURATE REPORTING of accounts and any and all information that is NOT COMPLETELY ACCURATE ACROSS ALL 3 OF THE CREDIT REPORTING AGENCIES BE UPDATED PER MY SPECIFICATIONS ON THE INCLUDED CONSUMER REPORT THAT I HAVE ANNOTED SHOWING THE INACCURACIES AND INCONSISTENCY IN MY INFORMATION ACROSS THE BOARD ( I have also included supporting documents which show one or more of the credit reporting agencies have removed certain information deemed to be inaccurate and the remaining agencies need to follow suite to update the information so that all my reports match ). ( 4. ) Since all derogatory information being reported other than convictions of crimes which antedate the report by more than 7 years is a VIOLATION of my rights under this Act, every late payment ( which is covered under transactions and experiences ) need to be removed immediately, as well as the singular collection account. Additionally, all accounts in CHARGE OFF STATUS need to be removed from my consumer report IMMEDIATELY since according to the IRS PUBLICATION 4681 and their definition of CERTIFICATE OF INDEBTEDNESS- any account with bad debt ( written off/charge off status/having a balance due ) is now considered INCOME and will need to be allocated as such so that I may file my federal income tax returns appropriately. A BALANCE DUE in a CHARGE-OFF STATUS CAN NOT be considered/reported as a BALANCE OWED on my consumer report when that amount has now become INCOME defined by the IRS CERTIFICATE OF INDEBTEDNESS . Period. In accordance with the IRS Publication 4681 the following accounts need to be removed from my consumer report- XXXX XXXX XXXX and ED FINANCIAL Services LLC Under FERPA ( FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT ) and the Master Promissory Note that I signed and entered into with the Department of Education stated that THEY WOULD NOT SHARE MY PERSONAL NON PUBLIC INFORMATION- THE EDFINANCIAL SERVICES LLC and XXXX XXXX XXXX accounts being reported on my consumer report need to be REMOVED IMMEDIATELY. ( 5. ) In accordance with my right to privacy and the OPT OUT NOTICES ( ALL DOCUMENTS HAVE BEEN ATTACHED TO THIS COMPLAINT ) that were sent to the following financial institutions ( SEE ATTACHED SUMMARY OF ACCOUNTS ) in which I have exercised my right to OPT OUT of the sharing of my NON PUBLIC PERSONAL INFORMATION, which is also covered in not only the Fair Credit Reporting Act, but also THE PRIVACY ACT OF 1974, every last one of the TERMS AND CONDITIONS of each of the financial institutions which I maintain accounts, APPLICABLE UCC CODES, CFRS AND MY STATE ARS CODES WHICH GOVERN CONSUMER PRIVACY AND PROTECTION FOR MY NON PUBLIC PERSONAL INFORMATION- I demand that all the accounts listed on my summary attached be removed from my consumer report immediately. 15 U.S.C. 1681 ( 1 ) Congressional findings and statement of purpose a. Accuracy and fairness of credit reporting- The Congress makes the following findings ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. b. Reasonable Procedures- It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard. To the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter ( 2 ) Exclusions ( a. ) ( i. ) Report containing information solely as to transactions or experiences between the consumer and the person making the report 15 U.S.C. 1681 ( b ) Permissible Purpose- Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ; ( 2 ) In accordance with the written instructions of the consumer to whom it relates 15 U.S.C . 1681 ( c ) Requirements relating to information contained in consumer reports- except as authorized under subsection ( b ) no consumer reporting agency may make any consumer report containing any of the following items of information : ( 1 ) Any other adverse item of information other than records of convictions of crimes which antedates the report by more than 7 years ( a ) ( 2 ) ( a ) ( i ) states information as to transactions or experiences made between the consumer and the person making the report are not to be contained in any consumer report and must be excluded 15 U.S.C . 1681c ( 2 ) Block of information resulting from identity theft- Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency. ( 12CFR1022.3 Defines Identity Theft as a fraud committed or attempted using the identifying information of another person without authority ) 15 U.S.C. 1681 ( e ) Compliance Procedures ( a ) Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title requiring prospective users of the information identify themselves, certify the purposes for which the information is sought and certify that the information will be used for no other purpose. Consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. ( b ) Accuracy of Report- Consumer reporting agencies will follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates AND ( n ) Civil liability for willful noncompliance states that in general any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of any actual damages not less than { {$100.00} } and not more than { {$1000.00} }. 15 U.S.C. 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies- Prohibits the reporting of information with actual knowledge of errors or if the person knows or has reasonable cause to believe that the information is inaccurate. Information may not be reported if the person has been notified by the consumer at the address specified by the person for receiving such notices that specific information is inaccurate and the information is in fact, inaccurate. PRIVACY ACT OF 1974 ( 5 U.S.C. 522A ) - DEFINITION OF 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. ( b ) CONDITIONS OF DISCLOSURE-No agency shall disclose any record which is contained in a sytem of records by any means of communications 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 dislcoure of the record would be to a consumer reporting agency IN ACCORDANCE WITH SECTION 3711e of title 31 15 U.S.C. 6802-6805 States that except as otherwise provided in this subchapter a financial institution may not directly or through any affiliate disclose to a nonaffiliated third party any nonpublic personal information unless such financial institution provides or has provided to the consumer a notice that ( A ) clearly and conspicuously discloses to the consumer in writing or electronic form or other form permitted by the regulations of this title that such information may be disclosed AND ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option REGULATION P ( PART 1016 ) -12CFR1016.1 REQUIRES a financial institution to provide notice to customers about its privacy policy and practices ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties AND ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by OPTING OUT of that disclosure. It also states that a financial institution must conspicuously and clearly post the disclosure with multiple reasonable means of exercising the ability to OPT OUT and said financial institution must comply with consumers request in a timely manner. Said notice will be in effect immediately and indefinitely until a consumers direction in writing otherwise. Family Educational Rights and Privacy Act ( FERPA ) - 20 U.S.C. 1232g ( b ) Publication 4681 ( 2022 ), Canceled Debts, Certificates of Indebtedness, Foreclosures, Repossessions, and Abandonments- if a debt for which you are personally liable is forgiven or discharged for less than the full amount owed, the debt is considered canceled in whatever amount it remained unpaid- you must include the canceled debt in your income- If you receive a Form 1099-C, that means an applicable entity has reported an identifiable event to the IRS regarding a debt you owe, this canceled debt is ordinary income and must be reported on the appropriate form discussed above- Even if you didn't receive a Form 1099-C, you must report canceled debt as gross income on your tax return In my home state where I currently reside and has its own set of very comprehensive laws which offer a substantial amount of umbrella coverage for consumers and the protection of their NONPUBLIC PERSONAL INFORMATION. These Revised Statutes or A.R.S. Codes under Title 18 Consumer Data Privacy take precedence when it comes to authority and enforcement over the above stated Federal Laws. I have included the most pertinent to my situation below : Title 18, Arizona Revised Statutes CONSUMER DATA PRIVACY ARTICLE 1. GENERAL PROVISIONS 18-701. Consumer data privacy ; collection of personal information ; requirements ; civil action ; state preemption ; definitions Sec. 2. Legislative findings A. The legislature finds : 1. That it is an important and substantial state interest to protect consumers ' private, personal data in this state. 2. That, with the increasing use of technology and data in everyday life, there is an increasing amount of private, personal data being shared by consumers with businesses as a part of everyday transactions and online and other activities. 3. That the increasing collection, storage, use and sale of personal data creates increased risks of identity theft, financial loss and other misuse of private personal data. 4. That many consumers do not know, understand or have appropriate authority over the distribution, use, sale or disclosure of their personal data. B. The legislature intends that consumers should have the right to : 1. Know what personal information is being collected about them. 2. Know whether their personal information is sold or disclosed and to whom. 3. Decline or opt out of the sale of their personal information. 4. Access their personal information that has been collected. 5. Receive equal service and price, even if they exercise their rights.","date_sent_to_company":"2024-03-20T01:13:44.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"30281","tags":null,"has_narrative":true,"complaint_id":"8582087","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-03-20T01:13:41.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["Reasonable Procedures- It is the purpose of this subchapter to <em>require</em> that consumer reporting agencies <em>adopt</em> reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard."]},"sort":[4.2374144,"8582087"]},{"_index":"complaint-public-v1","_id":"8581981","_score":4.2374144,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"The Fair Credit Reporting Act ( Title IV of the Consumer Credit Reporting Act - 15 USC 1681 ) was created as rulebook if you will, which outlines the acceptable parameters within which these credit reporting agencies, financial institutions, and data brokers/collection agencies must operate with regard for the sensitive consumer information that they possess whether direct or indirectly obtained. It also clearly identifies remedies and recourse for infractions that are perpetrated against the consumers and who is responsible for the overseeing and enforcing the well laid out dos and donts. These financial institutions and credit reporting agencies repeatedly test the waters by trying to violate our inherent rights to privacy as well as the right to fair and accurate reporting. Since these consumer reporting agencies ASSUMED the role which has been established as VITAL, I should then be able to ASSUME that they are going to adhere to the policy set forth by the Commission and take their responsibilities seriously. They have now even ventured into the realm of securities fraud when they started to securitize consumers data. In general, the additions of the Credit Card Act, The Dodd-Frank Act, Fair and Accurate Credit Transactions Act and even more recently the CARES Act only serve to reinforce consumer rights and add to the list of protected items that CAN NOT be included in any CONSUMER REPORT ( Definition of a Consumer Report is any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living ). The clear EXCLUSIONS, which I have included in more detail below, are TRANSACTION HISTORY OR EXPERIENCES between the consumer and whomever made the report, ANY ITEM OF ADVERSE INFORMATION other than convictions of crimes antedating the report by more than 7 years ( meaning LATE PAYMENTS, DEROGATORY MARKS ON THE ACCOUNT-ILLEGAL ), certain restrictions on Medical Debts/Obligations, ANY information identified by the consumer as fraudulent or resulting from identity theft ( of course following the provisions set by the agency/financial institution at the address specified to receive such information with supporting documentation that upon the receipt of which WILL REMOVE THE ITEMS OF FRAUD/ID THEFT BY BLOCKING SUCH INFORMATION NOT LATER THAN 4 BUSINESS DAYS AFTER RECEIPT ), and probably the biggest one- NOTHING CAN BE REPORTED WITHOUT WRITTEN CONSENT OF THE CONSUMER TO WHICH IT PERTAINS. I believe that falls under PERMISSIBLE PURPOSE. I do not remember giving written consent to any of the consumer reporting agencies allowing them to include ANY piece of information in my consumer report nor do have I ever given them the authorization to give sneak peaks of my consumer report to ANY company looking to provide me with a firm offer of credit or otherwise from the designated database list of consumers they keep for promotional inquiries. The number of times an unauthorized review occurred of my consumer report is astounding. The most disturbing element occurring here is the fact that these Credit Reporting Agencies are SECURITIZING CONSUMERS DATA on both the primary and secondary markets and then have the audacity to attempt to deny the consumers their most basic afforded right over their own data- THE RIGHT TO PRIVACY. Federal laws provide consumers the inarguable right to limit the sharing of any non public personal information to ANY non-affiliate 3rd party by way of an OPT OUT NOTICE that is to be provided at the time of account opening and again every 30 days thereafter which is to be adhered to immediately and indefinitely until otherwise indicated in writing by the consumer to which it pertains. Since adequate means of exercising my right to opt out of the sharing of my personal information was NOT provided to me by the financial institutions, I drafted a notice to each of the institutions noted in my complaint and sent it into the address indicated to receive such correspondence by registered mail. Key Points as well as the laws that govern everything I have stated above are below for your review. Key Takeaways ( 1. ) Unless it is verified that a company requesting my consumer report has written permission with my wet ink signature for a consumer reporting agency to release my consumer report, then all of the inquiries appearing on my report were obtained fraudulently and did not have PERMISSIBLE PURPOSE to acquire said report and I am demanding ALL INQUIRIES BE REMOVED IMMEDIATELY ( 2. ) Reporting transaction history/experiences on all the accounts contained in my consumer credit report is illegal and I am requesting that ALL PAYMENT HISTORY BE UPDATED TO PAID AS AGREED AND CORRESPONDING UTILIZATION RATES BE SET AT 10 % since I am not nor have I ever authorized this to be shared, and again, it is illegal to be included in my consumer report ( 3. ) I have the right to FAIR AND ACCURATE REPORTING of accounts and any and all information that is NOT COMPLETELY ACCURATE ACROSS ALL 3 OF THE CREDIT REPORTING AGENCIES BE UPDATED PER MY SPECIFICATIONS ON THE INCLUDED CONSUMER REPORT THAT I HAVE ANNOTED SHOWING THE INACCURACIES AND INCONSISTENCY IN MY INFORMATION ACROSS THE BOARD ( I have also included supporting documents which show one or more of the credit reporting agencies have removed certain information deemed to be inaccurate and the remaining agencies need to follow suite to update the information so that all my reports match ). ( 4. ) Since all derogatory information being reported other than convictions of crimes which antedate the report by more than 7 years is a VIOLATION of my rights under this Act, every late payment ( which is covered under transactions and experiences ) need to be removed immediately, as well as the singular collection account. Additionally, all accounts in CHARGE OFF STATUS need to be removed from my consumer report IMMEDIATELY since according to the IRS PUBLICATION 4681 and their definition of CERTIFICATE OF INDEBTEDNESS- any account with bad debt ( written off/charge off status/having a balance due ) is now considered INCOME and will need to be allocated as such so that I may file my federal income tax returns appropriately. A BALANCE DUE in a CHARGE-OFF STATUS CAN NOT be considered/reported as a BALANCE OWED on my consumer report when that amount has now become INCOME defined by the IRS CERTIFICATE OF INDEBTEDNESS . Period. In accordance with the IRS Publication 4681 the following accounts need to be removed from my consumer report- XXXX XXXX XXXX and ED FINANCIAL Services LLC Under FERPA ( FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT ) and the Master Promissory Note that I signed and entered into with the Department of Education stated that THEY WOULD NOT SHARE MY PERSONAL NON PUBLIC INFORMATION- THE EDFINANCIAL SERVICES LLC and XXXX XXXX XXXX accounts being reported on my consumer report need to be REMOVED IMMEDIATELY. ( 5. ) In accordance with my right to privacy and the OPT OUT NOTICES ( ALL DOCUMENTS HAVE BEEN ATTACHED TO THIS COMPLAINT ) that were sent to the following financial institutions ( SEE ATTACHED SUMMARY OF ACCOUNTS ) in which I have exercised my right to OPT OUT of the sharing of my NON PUBLIC PERSONAL INFORMATION, which is also covered in not only the Fair Credit Reporting Act, but also THE PRIVACY ACT OF 1974, every last one of the TERMS AND CONDITIONS of each of the financial institutions which I maintain accounts, APPLICABLE UCC CODES, CFRS AND MY STATE ARS CODES WHICH GOVERN CONSUMER PRIVACY AND PROTECTION FOR MY NON PUBLIC PERSONAL INFORMATION- I demand that all the accounts listed on my summary attached be removed from my consumer report immediately. 15 U.S.C. 1681 ( 1 ) Congressional findings and statement of purpose a. Accuracy and fairness of credit reporting- The Congress makes the following findings ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. b. Reasonable Procedures- It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard. To the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter ( 2 ) Exclusions ( a. ) ( i. ) Report containing information solely as to transactions or experiences between the consumer and the person making the report 15 U.S.C. 1681 ( b ) Permissible Purpose- Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ; ( 2 ) In accordance with the written instructions of the consumer to whom it relates 15 U.S.C . 1681 ( c ) Requirements relating to information contained in consumer reports- except as authorized under subsection ( b ) no consumer reporting agency may make any consumer report containing any of the following items of information : ( 1 ) Any other adverse item of information other than records of convictions of crimes which antedates the report by more than 7 years ( a ) ( 2 ) ( a ) ( i ) states information as to transactions or experiences made between the consumer and the person making the report are not to be contained in any consumer report and must be excluded 15 U.S.C . 1681c ( 2 ) Block of information resulting from identity theft- Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency. ( 12CFR1022.3 Defines Identity Theft as a fraud committed or attempted using the identifying information of another person without authority ) 15 U.S.C. 1681 ( e ) Compliance Procedures ( a ) Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title requiring prospective users of the information identify themselves, certify the purposes for which the information is sought and certify that the information will be used for no other purpose. Consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. ( b ) Accuracy of Report- Consumer reporting agencies will follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates AND ( n ) Civil liability for willful noncompliance states that in general any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of any actual damages not less than { {$100.00} } and not more than { {$1000.00} }. 15 U.S.C. 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies- Prohibits the reporting of information with actual knowledge of errors or if the person knows or has reasonable cause to believe that the information is inaccurate. Information may not be reported if the person has been notified by the consumer at the address specified by the person for receiving such notices that specific information is inaccurate and the information is in fact, inaccurate. PRIVACY ACT OF 1974 ( 5 U.S.C. 522A ) - DEFINITION OF 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. ( b ) CONDITIONS OF DISCLOSURE-No agency shall disclose any record which is contained in a sytem of records by any means of communications 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 dislcoure of the record would be to a consumer reporting agency IN ACCORDANCE WITH SECTION 3711e of title 31 15 U.S.C. 6802-6805 States that except as otherwise provided in this subchapter a financial institution may not directly or through any affiliate disclose to a nonaffiliated third party any nonpublic personal information unless such financial institution provides or has provided to the consumer a notice that ( A ) clearly and conspicuously discloses to the consumer in writing or electronic form or other form permitted by the regulations of this title that such information may be disclosed AND ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option REGULATION P ( PART 1016 ) -12CFR1016.1 REQUIRES a financial institution to provide notice to customers about its privacy policy and practices ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties AND ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by OPTING OUT of that disclosure. It also states that a financial institution must conspicuously and clearly post the disclosure with multiple reasonable means of exercising the ability to OPT OUT and said financial institution must comply with consumers request in a timely manner. Said notice will be in effect immediately and indefinitely until a consumers direction in writing otherwise. Family Educational Rights and Privacy Act ( FERPA ) - 20 U.S.C. 1232g ( b ) Publication 4681 ( 2022 ), Canceled Debts, Certificates of Indebtedness, Foreclosures, Repossessions, and Abandonments- if a debt for which you are personally liable is forgiven or discharged for less than the full amount owed, the debt is considered canceled in whatever amount it remained unpaid- you must include the canceled debt in your income- If you receive a Form 1099-C, that means an applicable entity has reported an identifiable event to the IRS regarding a debt you owe, this canceled debt is ordinary income and must be reported on the appropriate form discussed above- Even if you didn't receive a Form 1099-C, you must report canceled debt as gross income on your tax return In my home state where I currently reside and has its own set of very comprehensive laws which offer a substantial amount of umbrella coverage for consumers and the protection of their NONPUBLIC PERSONAL INFORMATION. These Revised Statutes or A.R.S. Codes under Title 18 Consumer Data Privacy take precedence when it comes to authority and enforcement over the above stated Federal Laws. I have included the most pertinent to my situation below : Title 18, Arizona Revised Statutes CONSUMER DATA PRIVACY ARTICLE 1. GENERAL PROVISIONS 18-701. Consumer data privacy ; collection of personal information ; requirements ; civil action ; state preemption ; definitions Sec. 2. Legislative findings A. The legislature finds : 1. That it is an important and substantial state interest to protect consumers ' private, personal data in this state. 2. That, with the increasing use of technology and data in everyday life, there is an increasing amount of private, personal data being shared by consumers with businesses as a part of everyday transactions and online and other activities. 3. That the increasing collection, storage, use and sale of personal data creates increased risks of identity theft, financial loss and other misuse of private personal data. 4. That many consumers do not know, understand or have appropriate authority over the distribution, use, sale or disclosure of their personal data. B. The legislature intends that consumers should have the right to : 1. Know what personal information is being collected about them. 2. Know whether their personal information is sold or disclosed and to whom. 3. Decline or opt out of the sale of their personal information. 4. Access their personal information that has been collected. 5. Receive equal service and price, even if they exercise their rights.","date_sent_to_company":"2024-03-20T01:13:35.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"30281","tags":null,"has_narrative":true,"complaint_id":"8581981","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-03-20T00:59:56.000Z","state":"GA","company_public_response":null,"sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["Reasonable Procedures- It is the purpose of this subchapter to <em>require</em> that consumer reporting agencies <em>adopt</em> reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard."]},"sort":[4.2374144,"8581981"]},{"_index":"complaint-public-v1","_id":"8581941","_score":4.2340536,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"The Fair Credit Reporting Act ( Title IV of the Consumer Credit Reporting Act - 15 USC 1681 ) was created as rulebook if you will, which outlines the acceptable parameters within which these credit reporting agencies, financial institutions, and data brokers/collection agencies must operate with regard for the sensitive consumer information that they possess whether direct or indirectly obtained. It also clearly identifies remedies and recourse for infractions that are perpetrated against the consumers and who is responsible for the overseeing and enforcing the well laid out dos and donts. These financial institutions and credit reporting agencies repeatedly test the waters by trying to violate our inherent rights to privacy as well as the right to fair and accurate reporting. Since these consumer reporting agencies ASSUMED the role which has been established as VITAL, I should then be able to ASSUME that they are going to adhere to the policy set forth by the Commission and take their responsibilities seriously. They have now even ventured into the realm of securities fraud when they started to securitize consumers data. In general, the additions of the Credit Card Act, The Dodd-Frank Act, Fair and Accurate Credit Transactions Act and even more recently the CARES Act only serve to reinforce consumer rights and add to the list of protected items that CAN NOT be included in any CONSUMER REPORT ( Definition of a Consumer Report is any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living ). The clear EXCLUSIONS, which I have included in more detail below, are TRANSACTION HISTORY OR EXPERIENCES between the consumer and whomever made the report, ANY ITEM OF ADVERSE INFORMATION other than convictions of crimes antedating the report by more than 7 years ( meaning LATE PAYMENTS, DEROGATORY MARKS ON THE ACCOUNT- ILLEGAL ), certain restrictions on Medical Debts/Obligations, ANY information identified by the consumer as fraudulent or resulting from identity theft ( of course following the provisions set by the agency/financial institution at the address specified to receive such information with supporting documentation that upon the receipt of which WILL REMOVE THE ITEMS OF FRAUD/ID THEFT BY BLOCKING SUCH INFORMATION NOT LATER THAN 4 BUSINESS DAYS AFTER RECEIPT ), and probably the biggest one- NOTHING CAN BE REPORTED WITHOUT WRITTEN CONSENT OF THE CONSUMER TO WHICH IT PERTAINS. I believe that falls under PERMISSIBLE PURPOSE. I do not remember giving written consent to any of the consumer reporting agencies allowing them to include ANY piece of information in my consumer report nor do have I ever given them the authorization to give sneak peaks of my consumer report to ANY company looking to provide me with a firm offer of credit or otherwise from the designated database list of consumers they keep for promotional inquiries. The number of times an unauthorized review occurred of my consumer report is astounding. The most disturbing element occurring here is the fact that these Credit Reporting Agencies are SECURITIZING CONSUMERS DATA on both the primary and secondary markets and then have the audacity to attempt to deny the consumers their most basic afforded right over their own data- THE RIGHT TO PRIVACY. Federal laws provide consumers the inarguable right to limit the sharing of any non public personal information to ANY non- affiliate 3rd party by way of an OPT OUT NOTICE that is to be provided at the time of account opening and again every 30 days thereafter which is to be adhered to immediately and indefinitely until otherwise indicated in writing by the consumer to which it pertains. Since adequate means of exercising my right to opt out of the sharing of my personal information was NOT provided to me by the financial institutions, I drafted a notice to each of the institutions noted in my complaint and sent it into the address indicated to receive such correspondence by registered mail. Key Points as well as the laws that govern everything I have stated above are below for your review. Key Takeaways ( 1. ) Unless it is verified that a company requesting my consumer report has written permission with my wet ink signature for a consumer reporting agency to release my consumer report, then all of the inquiries appearing on my report were obtained fraudulently and did not have PERMISSIBLE PURPOSE to acquire said report and I am demanding ALL INQUIRIES BE REMOVED IMMEDIATELY ( 2. ) Reporting transaction history/experiences on all the accounts contained in my consumer credit report is illegal and I am requesting that ALL PAYMENT HISTORY BE UPDATED TO PAID AS AGREED AND CORRESPONDING UTILIZATION RATES BE SET AT 10 % since I am not nor have I ever authorized this to be shared, and again, it is illegal to be included in my consumer report ( 3. ) I have the right to FAIR AND ACCURATE REPORTING of accounts and any and all information that is NOT COMPLETELY ACCURATE ACROSS ALL XXXX OF THE CREDIT REPORTING AGENCIES BE UPDATED PER MY SPECIFICATIONS ON THE INCLUDED CONSUMER REPORT THAT I HAVE ANNOTED SHOWING THE INACCURACIES AND INCONSISTENCY IN MY INFORMATION ACROSS THE BOARD ( I have also included supporting documents which show one or more of the credit reporting agencies have removed certain information deemed to be inaccurate and the remaining agencies need to follow suite to update the information so that all my reports match ). ( 4. ) Since all derogatory information being reported other than convictions of crimes which antedate the report by more than 7 years is a VIOLATION of my rights under this Act, every late payment ( which is covered under transactions and experiences ) need to be removed immediately, as well as the singular collection account. Additionally, all accounts in CHARGE OFF STATUS need to be removed from my consumer report IMMEDIATELY since according to the IRS PUBLICATION XXXX and their definition of CERTIFICATE OF INDEBTEDNESS- any account with bad debt ( written off/charge off status/having a balance due ) is now considered INCOME and will need to be allocated as such so that I may file my federal income tax returns appropriately. A BALANCE DUE in a CHARGE-OFF STATUS CAN NOT be considered/reported as a BALANCE OWED on my consumer report when that amount has now become INCOME defined by the IRS CERTIFICATE OF INDEBTEDNESS . Period. In accordance with the IRS Publication XXXX the following accounts need to be removed from my consumer report- XXXX XXXX and XXXX XXXX  Under FERPA ( FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT ) and the Master Promissory Note that I signed and entered into with the Department of Education stated that THEY WOULD NOT SHARE MY PERSONAL NON PUBLIC INFORMATION- XXXX XXXX and XXXX  XXXX  accounts being reported on my consumer report need to be REMOVED IMMEDIATELY. ( XXXX ) In accordance with my right to privacy and the OPT OUT NOTICES ( ALL DOCUMENTS HAVE BEEN ATTACHED TO THIS COMPLAINT ) that were sent to the following financial institutions ( SEE ATTACHED SUMMARY OF ACCOUNTS ) in which I have exercised my right to OPT OUT of the sharing of my NON PUBLIC PERSONAL INFORMATION, which is also covered in not only the Fair Credit Reporting Act, but also THE PRIVACY ACT OF 1974, every last one of the TERMS AND CONDITIONS of each of the financial institutions which I maintain accounts, APPLICABLE UCC CODES, CFRS AND MY STATE ARS CODES WHICH GOVERN CONSUMER PRIVACY AND PROTECTION FOR MY NON PUBLIC PERSONAL INFORMATION- I demand that all the accounts listed on my summary attached be removed from my consumer report immediately. 15 U.S.C. 1681 ( 1 ) Congressional findings and statement of purpose a. Accuracy and fairness of credit reporting- The Congress makes the following findings ( XXXX ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. b. Reasonable Procedures- It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard. To the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter ( XXXX ) Exclusions ( a. ) ( i. ) Report containing information solely as to transactions or experiences between the consumer and the person making the report 15 U.S.C. 1681 ( b ) Permissible Purpose- Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ; ( XXXX ) In accordance with the written instructions of the consumer to whom it relates 15 U.S.C . 1681 ( c ) Requirements relating to information contained in consumer reports- except as authorized under subsection ( b ) no consumer reporting agency may make any consumer report containing any of the following items of information : ( XXXX ) Any other adverse item of information other than records of convictions of crimes which antedates the report by more than 7 years ( a ) ( XXXX ) ( a ) ( i ) states information as to transactions or experiences made between the consumer and the person making the report are not to be contained in any consumer report and must be excluded 15 U.S.C . 1681c ( XXXX ) Block of information resulting from identity theft- Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency. ( 12CFR1022.3 Defines Identity Theft as a fraud committed or attempted using the identifying information of another person without authority ) 15 U.S.C. 1681 ( e ) Compliance Procedures ( a ) Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title requiring prospective users of the information identify themselves, certify the purposes for which the information is sought and certify that the information will be used for no other purpose. Consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. ( b ) Accuracy of Report- Consumer reporting agencies will follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates AND ( n ) Civil liability for willful noncompliance states that in general any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of any actual damages not less than { {$100.00} } and not more than { {$1000.00} }. 15 U.S.C. 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies- Prohibits the reporting of information with actual knowledge of errors or if the person knows or has reasonable cause to believe that the information is inaccurate. Information may not be reported if the person has been notified by the consumer at the address specified by the person for receiving such notices that specific information is inaccurate and the information is in fact, inaccurate. PRIVACY ACT OF 1974 ( 5 U.S.C. 522A ) - DEFINITION OF 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. ( b ) CONDITIONS OF DISCLOSURE-No agency shall disclose any record which is contained in a sytem of records by any means of communications 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 dislcoure of the record would be to a consumer reporting agency IN ACCORDANCE WITH SECTION 3711e of title 31 15 U.S.C. 6802-6805 States that except as otherwise provided in this subchapter a financial institution may not directly or through any affiliate disclose to a nonaffiliated third party any nonpublic personal information unless such financial institution provides or has provided to the consumer a notice that ( A ) clearly and conspicuously discloses to the consumer in writing or electronic form or other form permitted by the regulations of this title that such information may be disclosed AND ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option REGULATION P ( PART 1016 ) -12CFR1016.1 REQUIRES a financial institution to provide notice to customers about its privacy policy and practices ( XXXX ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties AND ( XXXX ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by OPTING OUT of that disclosure. It also states that a financial institution must conspicuously and clearly post the disclosure with multiple reasonable means of exercising the ability to OPT OUT and said financial institution must comply with consumers request in a timely manner. Said notice will be in effect immediately and indefinitely until a consumers direction in writing otherwise. Family Educational Rights and Privacy Act ( FERPA ) - 20 U.S.C. 1232g ( b ) Publication 4681 ( XXXX  ), Canceled Debts, Certificates of Indebtedness, Foreclosures, Repossessions, and Abandonments- if a debt for which you are personally liable is forgiven or discharged for less than the full amount owed, the debt is considered canceled in whatever amount it remained unpaid- you must include the canceled debt in your income- If you receive a Form 1099-C, that means an applicable entity has reported an identifiable event to the IRS regarding a debt you owe, this canceled debt is ordinary income and must be reported on the appropriate form discussed above- Even if you didn't receive a Form 1099-C, you must report canceled debt as gross income on your tax return In my home state where I currently reside and has its own set of very comprehensive laws which offer a substantial amount of umbrella coverage for consumers and the protection of their NONPUBLIC PERSONAL INFORMATION. These Revised Statutes or A.R.S. Codes under Title 18 Consumer Data Privacy take precedence when it comes to authority and enforcement over the above stated Federal Laws. I have included the most pertinent to my situation below : Title 18, A.R.S CONSUMER DATA PRIVACY ARTICLE 1. GENERAL PROVISIONS XXXX. Consumer data privacy ; collection of personal information ; requirements ; civil action ; state preemption ; definitions Sec. 2. Legislative findings A. The legislature finds : 1. That it is an important and substantial state interest to protect consumers ' private, personal data in this state. 2. That, with the increasing use of technology and data in everyday life, there is an increasing amount of private, personal data being shared by consumers with businesses as a part of everyday transactions and online and other activities. 3. That the increasing collection, storage, use and sale of personal data creates increased risks of identity theft, financial loss and other misuse of private personal data. 4. That many consumers do not know, understand or have appropriate authority over the distribution, use, sale or disclosure of their personal data. B. The legislature intends that consumers should have the right to : 1. Know what personal information is being collected about them. 2. Know whether their personal information is sold or disclosed and to whom. 3. Decline or opt out of the sale of their personal information. 4. Access their personal information that has been collected. 5. Receive equal service and price, even if they exercise their rights.","date_sent_to_company":"2024-03-20T01:25:20.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"30281","tags":null,"has_narrative":true,"complaint_id":"8581941","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-03-20T01:19:24.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["Reasonable Procedures- It is the purpose of this subchapter to <em>require</em> that consumer reporting agencies <em>adopt</em> reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard."]},"sort":[4.2340536,"8581941"]},{"_index":"complaint-public-v1","_id":"8582088","_score":4.218982,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"The Fair Credit Reporting Act ( Title IV of the Consumer Credit Reporting Act - 15 USC 1681 ) was created as rulebook if you will, which outlines the acceptable parameters within which these credit reporting agencies, financial institutions, and data brokers/collection agencies must operate with regard for the sensitive consumer information that they possess whether direct or indirectly obtained. It also clearly identifies remedies and recourse for infractions that are perpetrated against the consumers and who is responsible for the overseeing and enforcing the well laid out dos and donts. These financial institutions and credit reporting agencies repeatedly test the waters by trying to violate our inherent rights to privacy as well as the right to fair and accurate reporting. Since these consumer reporting agencies ASSUMED the role which has been established as VITAL, I should then be able to ASSUME that they are going to adhere to the policy set forth by the Commission and take their responsibilities seriously. They have now even ventured into the realm of securities fraud when they started to securitize consumers data. In general, the additions of the Credit Card Act, The Dodd-Frank Act, Fair and Accurate Credit Transactions Act and even more recently the CARES Act only serve to reinforce consumer rights and add to the list of protected items that CAN NOT be included in any CONSUMER REPORT ( Definition of a Consumer Report is any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics or mode of living ). The clear EXCLUSIONS, which I have included in more detail below, are TRANSACTION HISTORY OR EXPERIENCES between the consumer and whomever made the report, ANY ITEM OF ADVERSE INFORMATION other than convictions of crimes antedating the report by more than 7 years ( meaning LATE PAYMENTS, DEROGATORY MARKS ON THE ACCOUNT-ILLEGAL ), certain restrictions on Medical Debts/Obligations, ANY information identified by the consumer as fraudulent or resulting from identity theft ( of course following the provisions set by the agency/financial institution at the address specified to receive such information with supporting documentation that upon the receipt of which WILL REMOVE THE ITEMS OF FRAUD/ID THEFT BY BLOCKING SUCH INFORMATION NOT LATER THAN 4 BUSINESS DAYS AFTER RECEIPT ), and probably the biggest one- NOTHING CAN BE REPORTED WITHOUT WRITTEN CONSENT OF THE CONSUMER TO WHICH IT PERTAINS. I believe that falls under PERMISSIBLE PURPOSE. I do not remember giving written consent to any of the consumer reporting agencies allowing them to include ANY piece of information in my consumer report nor do have I ever given them the authorization to give sneak peaks of my consumer report to ANY company looking to provide me with a firm offer of credit or otherwise from the designated database list of consumers they keep for promotional inquiries. The number of times an unauthorized review occurred of my consumer report is astounding. The most disturbing element occurring here is the fact that these Credit Reporting Agencies are SECURITIZING CONSUMERS DATA on both the primary and secondary markets and then have the audacity to attempt to deny the consumers their most basic afforded right over their own data- THE RIGHT TO PRIVACY. Federal laws provide consumers the inarguable right to limit the sharing of any non public personal information to ANY non-affiliate 3rd party by way of an OPT OUT NOTICE that is to be provided at the time of account opening and again every 30 days thereafter which is to be adhered to immediately and indefinitely until otherwise indicated in writing by the consumer to which it pertains. Since adequate means of exercising my right to opt out of the sharing of my personal information was NOT provided to me by the financial institutions, I drafted a notice to each of the institutions noted in my complaint and sent it into the address indicated to receive such correspondence by registered mail. Key Points as well as the laws that govern everything I have stated above are below for your review. Key Takeaways ( 1. ) Unless it is verified that a company requesting my consumer report has written permission with my wet ink signature for a consumer reporting agency to release my consumer report, then all of the inquiries appearing on my report were obtained fraudulently and did not have PERMISSIBLE PURPOSE to acquire said report and I am demanding ALL INQUIRIES BE REMOVED IMMEDIATELY ( 2. ) Reporting transaction history/experiences on all the accounts contained in my consumer credit report is illegal and I am requesting that ALL PAYMENT HISTORY BE UPDATED TO PAID AS AGREED AND CORRESPONDING UTILIZATION RATES BE SET AT 10 % since I am not nor have I ever authorized this to be shared, and again, it is illegal to be included in my consumer report ( 3. ) I have the right to FAIR AND ACCURATE REPORTING of accounts and any and all information that is NOT COMPLETELY ACCURATE ACROSS ALL 3 OF THE CREDIT REPORTING AGENCIES BE UPDATED PER MY SPECIFICATIONS ON THE INCLUDED CONSUMER REPORT THAT I HAVE ANNOTED SHOWING THE INACCURACIES AND INCONSISTENCY IN MY INFORMATION ACROSS THE BOARD ( I have also included supporting documents which show one or more of the credit reporting agencies have removed certain information deemed to be inaccurate and the remaining agencies need to follow suite to update the information so that all my reports match ). ( 4. ) Since all derogatory information being reported other than convictions of crimes which antedate the report by more than 7 years is a VIOLATION of my rights under this Act, every late payment ( which is covered under transactions and experiences ) need to be removed immediately, as well as the singular collection account. Additionally, all accounts in CHARGE OFF STATUS need to be removed from my consumer report IMMEDIATELY since according to the IRS PUBLICATION 4681 and their definition of CERTIFICATE OF INDEBTEDNESS- any account with bad debt ( written off/charge off status/having a balance due ) is now considered INCOME and will need to be allocated as such so that I may file my federal income tax returns appropriately. A BALANCE DUE in a CHARGE-OFF STATUS CAN NOT be considered/reported as a BALANCE OWED on my consumer report when that amount has now become INCOME defined by the IRS CERTIFICATE OF INDEBTEDNESS . Period. In accordance with the IRS Publication 4681 the following accounts need to be removed from my consumer report- XXXX XXXX XXXX and ED FINANCIAL Services LLC Under FERPA ( FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT ) and the Master Promissory Note that I signed and entered into with the Department of Education stated that THEY WOULD NOT SHARE MY PERSONAL NON PUBLIC INFORMATION- THE EDFINANCIAL SERVICES LLC and XXXX XXXX XXXX accounts being reported on my consumer report need to be REMOVED IMMEDIATELY. ( 5. ) In accordance with my right to privacy and the OPT OUT NOTICES ( ALL DOCUMENTS HAVE BEEN ATTACHED TO THIS COMPLAINT ) that were sent to the following financial institutions ( SEE ATTACHED SUMMARY OF ACCOUNTS ) in which I have exercised my right to OPT OUT of the sharing of my NON PUBLIC PERSONAL INFORMATION, which is also covered in not only the Fair Credit Reporting Act, but also THE PRIVACY ACT OF 1974, every last one of the TERMS AND CONDITIONS of each of the financial institutions which I maintain accounts, APPLICABLE UCC CODES, CFRS AND MY STATE ARS CODES WHICH GOVERN CONSUMER PRIVACY AND PROTECTION FOR MY NON PUBLIC PERSONAL INFORMATION- I demand that all the accounts listed on my summary attached be removed from my consumer report immediately. 15 U.S.C. 1681 ( 1 ) Congressional findings and statement of purpose a. Accuracy and fairness of credit reporting- The Congress makes the following findings ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. b. Reasonable Procedures- It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard. To the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter ( 2 ) Exclusions ( a. ) ( i. ) Report containing information solely as to transactions or experiences between the consumer and the person making the report 15 U.S.C. 1681 ( b ) Permissible Purpose- Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other ; ( 2 ) In accordance with the written instructions of the consumer to whom it relates 15 U.S.C . 1681 ( c ) Requirements relating to information contained in consumer reports- except as authorized under subsection ( b ) no consumer reporting agency may make any consumer report containing any of the following items of information : ( 1 ) Any other adverse item of information other than records of convictions of crimes which antedates the report by more than 7 years ( a ) ( 2 ) ( a ) ( i ) states information as to transactions or experiences made between the consumer and the person making the report are not to be contained in any consumer report and must be excluded 15 U.S.C . 1681c ( 2 ) Block of information resulting from identity theft- Except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency. ( 12CFR1022.3 Defines Identity Theft as a fraud committed or attempted using the identifying information of another person without authority ) 15 U.S.C. 1681 ( e ) Compliance Procedures ( a ) Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title requiring prospective users of the information identify themselves, certify the purposes for which the information is sought and certify that the information will be used for no other purpose. Consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. ( b ) Accuracy of Report- Consumer reporting agencies will follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates AND ( n ) Civil liability for willful noncompliance states that in general any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of any actual damages not less than { {$100.00} } and not more than { {$1000.00} }. 15 U.S.C. 1681s-2 Responsibilities of furnishers of information to consumer reporting agencies- Prohibits the reporting of information with actual knowledge of errors or if the person knows or has reasonable cause to believe that the information is inaccurate. Information may not be reported if the person has been notified by the consumer at the address specified by the person for receiving such notices that specific information is inaccurate and the information is in fact, inaccurate. PRIVACY ACT OF 1974 ( 5 U.S.C. 522A ) - DEFINITION OF 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. ( b ) CONDITIONS OF DISCLOSURE-No agency shall disclose any record which is contained in a sytem of records by any means of communications 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 dislcoure of the record would be to a consumer reporting agency IN ACCORDANCE WITH SECTION 3711e of title 31 15 U.S.C. 6802-6805 States that except as otherwise provided in this subchapter a financial institution may not directly or through any affiliate disclose to a nonaffiliated third party any nonpublic personal information unless such financial institution provides or has provided to the consumer a notice that ( A ) clearly and conspicuously discloses to the consumer in writing or electronic form or other form permitted by the regulations of this title that such information may be disclosed AND ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option REGULATION P ( PART 1016 ) -12CFR1016.1 REQUIRES a financial institution to provide notice to customers about its privacy policy and practices ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties AND ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by OPTING OUT of that disclosure. It also states that a financial institution must conspicuously and clearly post the disclosure with multiple reasonable means of exercising the ability to OPT OUT and said financial institution must comply with consumers request in a timely manner. Said notice will be in effect immediately and indefinitely until a consumers direction in writing otherwise. Family Educational Rights and Privacy Act ( FERPA ) - 20 U.S.C. 1232g ( b ) Publication 4681 ( 2022 ), Canceled Debts, Certificates of Indebtedness, Foreclosures, Repossessions, and Abandonments- if a debt for which you are personally liable is forgiven or discharged for less than the full amount owed, the debt is considered canceled in whatever amount it remained unpaid- you must include the canceled debt in your income- If you receive a Form 1099-C, that means an applicable entity has reported an identifiable event to the IRS regarding a debt you owe, this canceled debt is ordinary income and must be reported on the appropriate form discussed above- Even if you didn't receive a Form 1099-C, you must report canceled debt as gross income on your tax return In my home state where I currently reside and has its own set of very comprehensive laws which offer a substantial amount of umbrella coverage for consumers and the protection of their NONPUBLIC PERSONAL INFORMATION. These Revised Statutes or A.R.S. Codes under Title 18 Consumer Data Privacy take precedence when it comes to authority and enforcement over the above stated Federal Laws. I have included the most pertinent to my situation below : Title 18, Arizona Revised Statutes CONSUMER DATA PRIVACY ARTICLE 1. GENERAL PROVISIONS 18-701. Consumer data privacy ; collection of personal information ; requirements ; civil action ; state preemption ; definitions Sec. 2. Legislative findings A. The legislature finds : 1. That it is an important and substantial state interest to protect consumers ' private, personal data in this state. 2. That, with the increasing use of technology and data in everyday life, there is an increasing amount of private, personal data being shared by consumers with businesses as a part of everyday transactions and online and other activities. 3. That the increasing collection, storage, use and sale of personal data creates increased risks of identity theft, financial loss and other misuse of private personal data. 4. That many consumers do not know, understand or have appropriate authority over the distribution, use, sale or disclosure of their personal data. B. The legislature intends that consumers should have the right to : 1. Know what personal information is being collected about them. 2. Know whether their personal information is sold or disclosed and to whom. 3. Decline or opt out of the sale of their personal information. 4. Access their personal information that has been collected. 5. Receive equal service and price, even if they exercise their rights.","date_sent_to_company":"2024-03-20T01:13:44.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"30281","tags":null,"has_narrative":true,"complaint_id":"8582088","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-03-20T01:13:41.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["Reasonable Procedures- It is the purpose of this subchapter to <em>require</em> that consumer reporting agencies <em>adopt</em> reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard."]},"sort":[4.218982,"8582088"]},{"_index":"complaint-public-v1","_id":"12278501","_score":4.1202736,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX MD XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Subject : Dispute of Entire Credit Report Entries and Request for Debt Validation Due to Multiple Data Breach and Violations of the Fair Credit Reporting Act ( FCRA ) Dear [ Credit Reporting Agency ], I am writing to formally dispute inaccurate and incomplete information on my credit report, which I believe may have resulted from data breaches involving Equifax, XXXX, and XXXX, specifically the well-documented breach at XXXX, XXXX well as XXXX XXXX and several other breaches dating back to XXXX and continuing to the XXXX XXXX. These breaches have compromised the security of my personal information. \n\nIt has come to my attention that my personal data, including sensitive information such as my Social Security Number, drivers license, date of birth, and/or account details, was exposed due to breaches involving your companies and others the widespread exposure of my personal data in these breaches calls into question the validity of any information currently reported on my credit report.These breaches are not isolated incidents. The cumulative effect of having my personal information exposed multiple times to unauthorized third parties has put my financial health at significant risk. Each data breach has increased the likelihood that my information could be misused, leading to distress as I work to protect myself from identity theft, fraud, and erroneous financial reporting in this increasingly digital world. These breaches have caused my credit history to be in dispute, given the unauthorized access to my confidential information.\n\nI am requesting a thorough investigation into any incorrect or fraudulent entries associated with these breaches. Additionally, I request the immediate deletion of any fraudulent information related to this identity theft. Due to the scale of these breaches, I expect your agency to investigate and correct any errors caused by this breach under the provisions of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq. I expect all derogatory marks, accounts, and inquiries linked to these breaches to be investigated and removed if they are found to be invalid or fraudulently reported.\n\nPersonal Information : Name XXXX XXXX XXXX XXXX Date of Birth XXXX XXXX XXXX Address XXXX XXXX XXXXXXXX XXXX XXXX XXXX MD XXXX Social Security Number : XXXX Nature of Dispute : As you are aware, numerous data breaches have compromised the personal and financial information of millions of consumers. These breaches have led to significant harm and disruptions in the credit profiles of affected individuals, including mine. Sensitive data has been exposed and is now vulnerable to misuse by unauthorized parties. As a result, I believe that my credit report may contain erroneous or fraudulent entries caused by this exposure.\n\nI have identified discrepancies in my credit report that appear to be linked to fraudulent activity resulting from breaches dating back to XXXX. \n\nAdditionally, I have already filed a report with the Federal Trade Commission ( FTC ) and submitted a complaint to the Consumer Financial Protection Bureau ( CFPB ) regarding this matter. Both actions further support my claim of potential identity theft and underscore the need for immediate correction of my credit report.\n\nAs required by FCRA Section 605 ( B ), I request that you investigate these discrepancies and remove any fraudulent information from my credit report. I expect a response within 30 days of receipt of this letter. Please provide documentation detailing the steps taken to investigate and resolve my dispute.If this matter is not resolved within the specified timeframe, I will take further action, including pursuing legal remedies to protect my rights under the law. I am invoking my rights under various federal laws regarding identity theft and fraudulent credit reporting, specifically referencing Section 605B of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681c-2, which requires credit reporting agencies to block fraudulent information that results from identity theft.\n\nPlease note that, under FCRA Section 1681s-2 ( a ), credit reporting agencies are required to \" Reinvestigate '' disputed items and correct any inaccuracies or incomplete information. Given that the data breach is directly related to the inaccuracy or potential misuse of my information, I am requesting that you review my entire credit reportnot just the individual disputed items to ensure it accuracy. \n\nXXXX XXXX XXXX XXXX  faced a security breach in XXXX, compromising sensitive customer data. This breach was part of a larger trend of financial institutions failing to protect their clients ' information, which could have impacted the accuracy of financial records and reports related to my credit profile. \n\nEquifax XXXX XXXX ( XXXX ) : In this widely publicized breach, Equifax exposed the personal information of approximately 147 million Americans, including social security numbers, birth dates, addresses, and, in some cases, driver 's license numbers. Equifax 's failure to properly safeguard my data potentially led to identity theft and fraudulent activities, which could have affected my credit score. As such, I request that you investigate and correct any erroneous information that may have arisen from this breach, as allowed by FCRA 15 U.S.C. 1681c-2 ( regarding notice of changes in personal information ). As the Federal Trade Commission ( FTC ) confirmed in XXXX, the breach posed a significant risk of identity theft ( FTC v. Equifax, XXXX ). The FTC noted that Equifax inadequate security measures led to the exposure of millions of Americans ' personal data. The XXXX XXXX XXXX for the XXXX XXXX XXXX Georgia ruled that Equifax failure to implement \" reasonable security measures '' violated consumers ' rights under the FCRA, specifically 15 U.S.C. 1681b ( f ) ( which mandates that consumer data be used for permissible purposes only ). As such, I request that you review my credit report for any entries that could have resulted from fraudulent use of my information due to this breach.\n\nExperian & Transunion Data Breaches : Although these breaches may not have been as large-scale as Equifax they still exposed millions of Americans to significant risks of identity theft. Both bureaus have a duty under FCRA 15 U.S.C. 1681e ( b ) to maintain accurate information. Given the recent disclosures of personal data, I request that both Experian and TransUnion review my credit reports for any inaccurate information resulting from the breaches. Both Experian and TransUnion have also been involved in various other data breaches, compromising sensitive personal data. Most recently, TransUnion settled a class action lawsuit in XXXX for failing to protect consumer data properly, leading to widespread fraud and inaccurate credit reporting. In TransUnion Data Breach Litigation, XXXX XXXX XXXX ( XXXX XXXX ), the court found that TransUnion had violated its obligations under FCRA 15 U.S.C. 1681e ( b ), which requires consumer reporting agencies to maintain reasonable procedures to ensure maximum possible accuracy in the credit reports they produce. As these companies ' failures in safeguarding personal data are well-documented, I request a thorough review and update of my credit file to ensure any inaccuracies from these breaches are addressedXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXs breach exposed personal information of millions of customers, including payment details. The breach involved malicious code being introduced into the company 's ticketing systems. As a customer who was impacted by this breach, this was significant, as it impacted the personal financial data of millions, including myself. \n\n* XXXX XXXX XXXX XXXX, legal action was taken against the company for its failure to adequately protect customer data. Equifax , Inc., Customer Data Security Breach Litigation,\n2019 WL 3937643 ( N.D. Ga. 2019 ) : In this case, Equifax was held accountable for its failure to protect consumer data, which directly impacted the accuracy of credit reports.\n\nTransunion Data Breach Litigation, 2020 WL 2650920 ( N.D. Ill. ) : This case reinforces that credit bureaus are liable for failing to safeguard consumer data and are required to ensure accuracy in their credit reporting.\n\nData Breach Liability Equifax , Inc., Customer Data Security Breach Litigation, 2019 WL 3937643 ( N.D. Ga. 2019 ) : In this case, consumers alleged that Equifax 's failure to protect their data led to significant financial and emotional harm. The court ruled that Equifax could be held liable for the harm caused by their negligence in failing to properly safeguard consumer data. \n\nCFPB Lawsuit Against Experian ( 2025 ) : In XX/XX/XXXX, the CFPB sued Experian, alleging that the company failed to properly investigate consumer disputes, resulting in the inclusion of incorrect information on credit reports.\n\nExperian/T-Mobile Data Breach ( 2015 ) : This breach exposed the personal information of nearly XXXX XXXX customers. \n\nExperian Data Breach Settlement ( 2019 ) : This settlement addresses claims that Experian had reported incorrect residential information, labeling certain addresses as high-risk, which adversely affected consumers ' creditworthiness.\n\nCFPB Enforcement Actions : The CFPB took action against TransUnion in 2022 for deceptive marketing practices related to credit scores and credit-related products. \n\nFTC XXXX XXXX XXXX XXXX, where the FTC emphasized the importance of data security practices and consumer rights in cases involving breaches of sensitive data. \n\nData Breach Impact on Credit Reports : Courts have acknowledged the need for credit bureaus to take reasonable steps to ensure that data breaches do not result in the dissemination of inaccurate information. \n\nXXXXe XXXX XXXXransUnion LLC , 925 F.3d 201 ( 3rd Cir. XXXX XXXX, the court emphasized that credit bureaus must act promptly when alerted to fraud or inaccuracies resulting from a data breach. \n\n*Section 1681e ( b ) : This provision requires that credit reporting agencies adopt reasonable procedures to ensure the accuracy of the information in their reports. Given the occurrence of the data breach, I am requesting that you reevaluate your security measures and take immediate action to ensure my credit report is corrected to reflect only accurate information.\n\n*Identity Theft Victim Rights : Under the FCRA, if a consumers information is compromised due to a data breach and they become a victim of identity theft, they have the right to request that a fraud alert or credit freeze be placed on their file. Additionally, consumers can request that their credit report be reviewed for any inaccuracies or unauthorized entries. \n\n*FCRA Section 605B ( 15 U.S.C. 1681c-2 ) : This section mandates that credit bureaus block any fraudulent information related to identity theft once I provide proper documentation ( e.g., a police report or FTC identity theft report ). You are required to block any fraudulent accounts or entries that were not made by me and notify me that the information has been blocked.\n\n*The Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681i : Under the FCRA, credit reporting agencies are legally obligated to maintain accurate and complete consumer credit information. Section 1681i requires that if a consumer disputes information, the credit reporting agency must investigate and respond to the dispute within 30 days. Given the data breach, I expect that any fraudulent or inaccurate information will be corrected.\n\n*Fair Credit Reporting Act ( FCRA ), Section 1681i ( 15 U.S.C. 1681i ) : Under FCRA Section 1681i, if I dispute inaccurate or incomplete information on my credit report, you are required to conduct a full investigation. If the information is found to be inaccurate or fraudulent, you must remove or correct it. This statute strengthens my request for the deletion of fraudulent accounts from my credit report. \n\n*Identity Theft and Assumption Deterrence Act ( 18 U.S.C . 1028 ) : This statute criminalizes identity theft and provides a basis for legal recourse. If my personal information was used fraudulently, I am entitled to seek corrective actions through the credit bureaus. The fraudulent entries on my report violate this federal law, and I request their immediate deletion.\n\n*Identity Theft Victims Assistance Act ( 16 C.F.R. 603.2 ) : The Identity Theft Victims Assistance Act stipulates that victims of identity theft can request the blocking of fraudulent information on their credit reports. This regulation supports my claim that the fraudulent entries caused by the breach should be removed immediately once I provide sufficient evidence of identity theft. \n\n*Fair Debt Collection Practices Act ( FDCPA ) - 15 U.S.C. 1692g : Under this law, any debt that is disputed by the consumer must be validated by the debt collector before collection efforts proceed. This validates my right to dispute any debts that have been fraudulently placed on my credit report and for you to provide proof of the legitimacy of these debts before pursuing any further actions.\n\n*The Consumer Privacy Protection Act ( S. 2151 ) : This law requires companies to implement measures to protect personal data and provides victims with the right to seek corrective action if their data is used fraudulently. As a victim of the breach, I am entitled to the removal of any fraudulent information linked to this breach.\n\n*Fair Credit Reporting Act - 15 U.S.C . 1681b ( f ) : This section clarifies that credit reporting agencies must take reasonable steps to ensure that the information they report is accurate. If a consumer disputes an item, the agency must take prompt action to correct or remove the inaccurate information. This legal requirement bolsters my claim to have any fraudulent information removed.\n\n*Identity Theft Enforcement and Restitution Act ( 18 U.S.C . 3663A ) : This act allows victims of identity theft to seek restitution and places responsibility on the parties involved in the fraudulent use of personal information. This is a critical legal provision supporting my request for restitution or correction of fraudulent debt on my credit report.\n\n*Electronic Fund Transfer Act ( EFTA ) - 15 U.S.C. 1693g : The EFTA requires that financial institutions notify consumers of unauthorized transactions. This is particularly relevant in cases where a consumers financial information has been used fraudulently. I request that you investigate whether unauthorized transactions have occurred under my name and resolve any associated debt or discrepancies.\n\n*Federal Trade Commission ( FTC ) Identity Theft Report ( 15 U.S.C. 1681c-3 ) : The FTC Identity Theft Report is a crucial document when disputing fraudulent information on your credit report. According to 15 U.S.C. 1681c-3, credit reporting agencies are required to block fraudulent information on the basis of a valid FTC identity theft report. This law underpins my request to remove fraudulent accounts linked to identity theft.\n\n*Fair and Accurate Credit Transactions Act ( FACTA ) of 2003, 15 U.S.C . 1681c-1 : FACTA enhances the rights of identity theft victims by providing a mechanism for blocking fraudulent information from a credit report. Under FACTA, credit reporting agencies are required to block fraudulent information once the consumer has submitted a police report or an FTC identity theft report.\n\n*Consumer Financial Protection Bureau ( CFPB ) Regulations ( 12 C.F.R. 1022.41 ) : The CFPB regulations also enforce the FCRAs rules, including the removal of fraudulent entries from credit reports. According to these regulations, credit reporting agencies must take immediate action once notified of identity theft or fraud.\n\n*Spokeo, Inc. v. Robins , 136 S. Ct. 1540 ( 2016 ) : The Supreme Court ruled that a consumer has standing to sue under the Fair Credit Reporting Act ( FCRA ) even if the injury is intangible, such as the inaccurate reporting of personal data. This case highlights the importance of ensuring the accuracy of information on your credit report and your right to dispute any discrepancies, especially in the context of data breaches.\n\nFurthermore, in the landmark case Spokeo , Inc. v. Robins, 578 U.S. 330 ( 2016 ), the U.S. Supreme Court emphasized the need for accurate reporting and consumer protection under the FCRA. As my personal information has been compromised, I believe the inaccuracies on my credit report represent a clear violation of this precedent, which ensures the integrity and security of credit reporting.\n\n*Safeco Ins. Co. v. Burr, 551 U.S. 47 ( 2007 ) : This case established that consumers are entitled to damages when a credit report is inaccurately reported, even if the violation was not willful. It is a key case reinforcing the legal obligations of credit reporting agencies to report accurate information and respond to consumer disputes.\n\n*XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) : This case involved a data breach where consumers personal data was stolen. The court ruled that individuals who were at risk of identity theft due to the breach had standing to sue, even if they did not suffer actual financial harm at the time. This case highlights the importance of taking action when personal information is compromised, as potential harm can exist even if no immediate fraud occurs.\n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  : This case involved a massive data breach at XXXX XXXX which owned retailers such as TJ Maxx ). The court ruled that individuals whose data was compromised could seek legal remedies for the breach. The case emphasizes that businesses have an obligation to protect consumer data and that consumers are entitled to redress if that data is mishandled or used for fraudulent purposes.\n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : The court ruled that individuals whose personal information is stolen due to a breach have standing to sue if they can demonstrate that the breach exposed them to a heightened risk of identity theft. In the case of disputed credit report items resulting from such breaches, courts have held that the impacted individuals can pursue legal remedies.\n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  : In this case, the court ruled that credit reporting agencies must take proactive steps when dealing with disputes over fraud and identity theft. The case emphasizes that the credit bureaus have an obligation to conduct a thorough investigation when consumers assert that their personal information has been compromised and misused. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX The court held that a consumer whose identity was stolen due to a data breach could sue credit bureaus for not properly investigating disputed items resulting from the theft. The case underscores the need for credit bureaus to comply with the FCRAs dispute investigation provisions in cases of fraud resulting from data breaches.\n\n*Sued v. TransUnion LLC XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX  This case illustrates that consumers have the right to hold credit bureaus accountable if they fail to correct inaccurate information, including data compromised by breaches. The court ruled that consumers whose information has been misused have standing to challenge the misinformation in court, especially if the bureaus fail to adequately investigate.\n\n*Carmen v. Experian Information Solutions , Inc. , 2015 U.S. DistXXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) : The court emphasized that credit reporting agencies must reasonably investigate disputes regarding credit report inaccuracies, particularly where fraud or identity theft is suspected. This ruling supports my request for an investigation into fraudulent entries on my credit report.\n\n*Guerrero v. Asset Acceptance , LLC , 2014 U.S. Dist. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX The court reiterated that debt collectors must validate a debt when disputed. This case upholds the consumer 's right to request debt validation and provides a framework for requesting the documentation needed to prove the legitimacy of a debt.\n\nIn compliance with the Gramm-Leach-Bliley Act and the Federal Trade Commissions ( FTC ) Red Flags Rule, your company is obligated to protect sensitive personal information and take immediate action in response to any breach. Non-compliance could expose your organization to legal liability under the Identity Theft Enforcement and Restitution Act of 2008.\n\nTherefore, I respectfully request the following : *A detailed explanation of how the breach occurred and the steps your company is taking to prevent further incidents.\n\n*A list of all my accounts and personal information that were potentially exposed due to the breach.\n\n*Documentation of the steps being taken to assist consumers impacted by the breach, including any credit monitoring services provided.\n\nDebt Validation Request : In addition to requesting the removal of fraudulent information, I am also requesting that you validate any debt ( s ) reporting on my credit profile and provide the following documentation : *Payment History : Proof that I owe the debt ( s ), including but not limited to a detailed history of payments made on the account ( s ), listing all credits, debits, and balances.\n\n*Chain of Title : Documentation that verifies the transfer of ownership of the debt, showing that the party attempting to collect the debt has the legal right to do so. This should include a clear chain of title and any evidence of assignment or transfer of the debt. Full chain of Assignment ( FDCPA Sections 809a, 809b, 809c, 809d, 809e ) *Original Contract : I demand the original signed contract that allegedly binds me to this debt, with my signature, to confirm my intent to repay the debt. If no signed contract exists, I request proof of the debts legitimacy. This is particularly critical, as the data breaches Ive outlined above may have resulted in fraudulent activities leading to this debt.\n\n*Insurance Claims : Details of any insurance claims linked to this account, including coverage information or settlements made in relation to the debt claims, and any reimbursements or settlements received.\n\n*Clear Explanation of Fees and Charges : Debt collectors must explain any additional fees or charges that have been applied, such as late fees, interest rates, or collection fees. They must also justify these fees to ensure that they are in line with the original agreement. ( FDCPA Section 808 : Prohibits the collection of charges or fees that are not legally authorized or part of the original agreement. ) *Validation that the Debt is Not Beyond the Statute of Limitations : Debt collectors must verify that the debt is not time-barred. If the debt is too old, the collector may no longer have legal standing to pursue it, and they should cease collection efforts. ( FDCPA Section 808 : Prohibits pursuing time-barred debts. ) Under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g, you are legally required to provide the requested documentation before pursuing further collection efforts.\n\nRequest for Action : I respectfully request that you take the following actions : Conduct a full investigation into the entries on my credit report, including the debt ( s ) in question, and provide the requested documentation.\n\n1. Remove or correct any fraudulent or inaccurate or incomplete entries as required by the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681i.\n\n2. Block any fraudulent entries under FCRA Section 605B ( 15 U.S.C. 1681c-2 ) linked to the identity theft resulting from a data breach.\n\n3. Resolve any discrepancies linked to the data breach promptly.\n\nPlease respond in writing with the results of your investigation within the 30-day timeframe set forth by the FCRA. I have enclosed supporting documentation, including the FTC report, CFPB complaint reference, proof of identity, and a copy of other data breaches related to my credit profile along with a copy of all three credit bureaus ' credit freezes. Should you need any additional information, please feel free to contact me directly.\n\nPlease consider this dispute an urgent matter in light of the significant impact the data breaches I have had on my personal and financial information. I request a timely and thorough investigation into the inaccuracies and fraudulent activities linked to these breaches.\n\nThank you for your prompt attention to this matter. I look forward to your swift response.\n\nSincerely, XXXX XXXX","date_sent_to_company":"2025-03-01T17:47:38.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"20743","tags":null,"has_narrative":true,"complaint_id":"12278501","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2025-03-01T17:47:10.000Z","state":"MD","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["*Section 1681e ( b ) : This provision <em>requires</em> that credit reporting agencies <em>adopt</em> reasonable procedures to ensure the accuracy of the information in their reports. Given the occurrence of the data breach, I am requesting that you reevaluate your security measures and take immediate action to ensure my credit report is corrected to reflect only accurate information."]},"sort":[4.1202736,"12278501"]},{"_index":"complaint-public-v1","_id":"12278503","_score":4.1197395,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX MD XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Subject : Dispute of Entire Credit Report Entries and Request for Debt Validation Due to Multiple Data Breach and Violations of the Fair Credit Reporting Act ( FCRA ) Dear [ Credit Reporting Agency ], I am writing to formally dispute inaccurate and incomplete information on my credit report, which I believe may have resulted from data breaches involving Equifax, XXXX, and XXXX, specifically the well-documented breach at XXXX, XXXX well as XXXX XXXX and several other breaches dating back to XXXX and continuing to the XXXX XXXX. These breaches have compromised the security of my personal information. \n\nIt has come to my attention that my personal data, including sensitive information such as my Social Security Number, drivers license, date of birth, and/or account details, was exposed due to breaches involving your companies and others the widespread exposure of my personal data in these breaches calls into question the validity of any information currently reported on my credit report.These breaches are not isolated incidents. The cumulative effect of having my personal information exposed multiple times to unauthorized third parties has put my financial health at significant risk. Each data breach has increased the likelihood that my information could be misused, leading to distress as I work to protect myself from identity theft, fraud, and erroneous financial reporting in this increasingly digital world. These breaches have caused my credit history to be in dispute, given the unauthorized access to my confidential information.\n\nI am requesting a thorough investigation into any incorrect or fraudulent entries associated with these breaches. Additionally, I request the immediate deletion of any fraudulent information related to this identity theft. Due to the scale of these breaches, I expect your agency to investigate and correct any errors caused by this breach under the provisions of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq. I expect all derogatory marks, accounts, and inquiries linked to these breaches to be investigated and removed if they are found to be invalid or fraudulently reported.\n\nPersonal Information : Name XXXX XXXX XXXX XXXX Date of Birth XXXX XXXX XXXX Address XXXX XXXX XXXXXXXX XXXX XXXX XXXX MD XXXX Social Security Number : XXXX Nature of Dispute : As you are aware, numerous data breaches have compromised the personal and financial information of millions of consumers. These breaches have led to significant harm and disruptions in the credit profiles of affected individuals, including mine. Sensitive data has been exposed and is now vulnerable to misuse by unauthorized parties. As a result, I believe that my credit report may contain erroneous or fraudulent entries caused by this exposure.\n\nI have identified discrepancies in my credit report that appear to be linked to fraudulent activity resulting from breaches dating back to XXXX. \n\nAdditionally, I have already filed a report with the Federal Trade Commission ( FTC ) and submitted a complaint to the Consumer Financial Protection Bureau ( CFPB ) regarding this matter. Both actions further support my claim of potential identity theft and underscore the need for immediate correction of my credit report.\n\nAs required by FCRA Section 605 ( B ), I request that you investigate these discrepancies and remove any fraudulent information from my credit report. I expect a response within 30 days of receipt of this letter. Please provide documentation detailing the steps taken to investigate and resolve my dispute.If this matter is not resolved within the specified timeframe, I will take further action, including pursuing legal remedies to protect my rights under the law. I am invoking my rights under various federal laws regarding identity theft and fraudulent credit reporting, specifically referencing Section 605B of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681c-2, which requires credit reporting agencies to block fraudulent information that results from identity theft.\n\nPlease note that, under FCRA Section 1681s-2 ( a ), credit reporting agencies are required to \" Reinvestigate '' disputed items and correct any inaccuracies or incomplete information. Given that the data breach is directly related to the inaccuracy or potential misuse of my information, I am requesting that you review my entire credit reportnot just the individual disputed items to ensure it accuracy. \n\nXXXX XXXX XXXX XXXX  faced a security breach in XXXX, compromising sensitive customer data. This breach was part of a larger trend of financial institutions failing to protect their clients ' information, which could have impacted the accuracy of financial records and reports related to my credit profile. \n\nEquifax XXXX XXXX ( XXXX ) : In this widely publicized breach, Equifax exposed the personal information of approximately 147 million Americans, including social security numbers, birth dates, addresses, and, in some cases, driver 's license numbers. Equifax 's failure to properly safeguard my data potentially led to identity theft and fraudulent activities, which could have affected my credit score. As such, I request that you investigate and correct any erroneous information that may have arisen from this breach, as allowed by FCRA 15 U.S.C. 1681c-2 ( regarding notice of changes in personal information ). As the Federal Trade Commission ( FTC ) confirmed in XXXX, the breach posed a significant risk of identity theft ( FTC v. Equifax, XXXX ). The FTC noted that Equifax inadequate security measures led to the exposure of millions of Americans ' personal data. The XXXX XXXX XXXX for the XXXX XXXX XXXX Georgia ruled that Equifax failure to implement \" reasonable security measures '' violated consumers ' rights under the FCRA, specifically 15 U.S.C. 1681b ( f ) ( which mandates that consumer data be used for permissible purposes only ). As such, I request that you review my credit report for any entries that could have resulted from fraudulent use of my information due to this breach.\n\nExperian & Transunion Data Breaches : Although these breaches may not have been as large-scale as Equifax they still exposed millions of Americans to significant risks of identity theft. Both bureaus have a duty under FCRA 15 U.S.C. 1681e ( b ) to maintain accurate information. Given the recent disclosures of personal data, I request that both Experian and TransUnion review my credit reports for any inaccurate information resulting from the breaches. Both Experian and TransUnion have also been involved in various other data breaches, compromising sensitive personal data. Most recently, TransUnion settled a class action lawsuit in XXXX for failing to protect consumer data properly, leading to widespread fraud and inaccurate credit reporting. In TransUnion Data Breach Litigation, XXXX XXXX XXXX ( XXXX XXXX ), the court found that TransUnion had violated its obligations under FCRA 15 U.S.C. 1681e ( b ), which requires consumer reporting agencies to maintain reasonable procedures to ensure maximum possible accuracy in the credit reports they produce. As these companies ' failures in safeguarding personal data are well-documented, I request a thorough review and update of my credit file to ensure any inaccuracies from these breaches are addressedXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXs breach exposed personal information of millions of customers, including payment details. The breach involved malicious code being introduced into the company 's ticketing systems. As a customer who was impacted by this breach, this was significant, as it impacted the personal financial data of millions, including myself. \n\n* XXXX XXXX XXXX XXXX, legal action was taken against the company for its failure to adequately protect customer data. Equifax , Inc., Customer Data Security Breach Litigation,\n2019 WL 3937643 ( N.D. Ga. 2019 ) : In this case, Equifax was held accountable for its failure to protect consumer data, which directly impacted the accuracy of credit reports.\n\nTransunion Data Breach Litigation, 2020 WL 2650920 ( N.D. Ill. ) : This case reinforces that credit bureaus are liable for failing to safeguard consumer data and are required to ensure accuracy in their credit reporting.\n\nData Breach Liability Equifax , Inc., Customer Data Security Breach Litigation, 2019 WL 3937643 ( N.D. Ga. 2019 ) : In this case, consumers alleged that Equifax 's failure to protect their data led to significant financial and emotional harm. The court ruled that Equifax could be held liable for the harm caused by their negligence in failing to properly safeguard consumer data. \n\nCFPB Lawsuit Against Experian ( 2025 ) : In XX/XX/XXXX, the CFPB sued Experian, alleging that the company failed to properly investigate consumer disputes, resulting in the inclusion of incorrect information on credit reports.\n\nExperian/T-Mobile Data Breach ( 2015 ) : This breach exposed the personal information of nearly XXXX XXXX customers. \n\nExperian Data Breach Settlement ( 2019 ) : This settlement addresses claims that Experian had reported incorrect residential information, labeling certain addresses as high-risk, which adversely affected consumers ' creditworthiness.\n\nCFPB Enforcement Actions : The CFPB took action against TransUnion in 2022 for deceptive marketing practices related to credit scores and credit-related products. \n\nFTC XXXX XXXX XXXX XXXX, where the FTC emphasized the importance of data security practices and consumer rights in cases involving breaches of sensitive data. \n\nData Breach Impact on Credit Reports : Courts have acknowledged the need for credit bureaus to take reasonable steps to ensure that data breaches do not result in the dissemination of inaccurate information. \n\nXXXXe XXXX XXXXransUnion LLC , 925 F.3d 201 ( 3rd Cir. XXXX XXXX, the court emphasized that credit bureaus must act promptly when alerted to fraud or inaccuracies resulting from a data breach. \n\n*Section 1681e ( b ) : This provision requires that credit reporting agencies adopt reasonable procedures to ensure the accuracy of the information in their reports. Given the occurrence of the data breach, I am requesting that you reevaluate your security measures and take immediate action to ensure my credit report is corrected to reflect only accurate information.\n\n*Identity Theft Victim Rights : Under the FCRA, if a consumers information is compromised due to a data breach and they become a victim of identity theft, they have the right to request that a fraud alert or credit freeze be placed on their file. Additionally, consumers can request that their credit report be reviewed for any inaccuracies or unauthorized entries. \n\n*FCRA Section 605B ( 15 U.S.C. 1681c-2 ) : This section mandates that credit bureaus block any fraudulent information related to identity theft once I provide proper documentation ( e.g., a police report or FTC identity theft report ). You are required to block any fraudulent accounts or entries that were not made by me and notify me that the information has been blocked.\n\n*The Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681i : Under the FCRA, credit reporting agencies are legally obligated to maintain accurate and complete consumer credit information. Section 1681i requires that if a consumer disputes information, the credit reporting agency must investigate and respond to the dispute within 30 days. Given the data breach, I expect that any fraudulent or inaccurate information will be corrected.\n\n*Fair Credit Reporting Act ( FCRA ), Section 1681i ( 15 U.S.C. 1681i ) : Under FCRA Section 1681i, if I dispute inaccurate or incomplete information on my credit report, you are required to conduct a full investigation. If the information is found to be inaccurate or fraudulent, you must remove or correct it. This statute strengthens my request for the deletion of fraudulent accounts from my credit report. \n\n*Identity Theft and Assumption Deterrence Act ( 18 U.S.C . 1028 ) : This statute criminalizes identity theft and provides a basis for legal recourse. If my personal information was used fraudulently, I am entitled to seek corrective actions through the credit bureaus. The fraudulent entries on my report violate this federal law, and I request their immediate deletion.\n\n*Identity Theft Victims Assistance Act ( 16 C.F.R. 603.2 ) : The Identity Theft Victims Assistance Act stipulates that victims of identity theft can request the blocking of fraudulent information on their credit reports. This regulation supports my claim that the fraudulent entries caused by the breach should be removed immediately once I provide sufficient evidence of identity theft. \n\n*Fair Debt Collection Practices Act ( FDCPA ) - 15 U.S.C. 1692g : Under this law, any debt that is disputed by the consumer must be validated by the debt collector before collection efforts proceed. This validates my right to dispute any debts that have been fraudulently placed on my credit report and for you to provide proof of the legitimacy of these debts before pursuing any further actions.\n\n*The Consumer Privacy Protection Act ( S. 2151 ) : This law requires companies to implement measures to protect personal data and provides victims with the right to seek corrective action if their data is used fraudulently. As a victim of the breach, I am entitled to the removal of any fraudulent information linked to this breach.\n\n*Fair Credit Reporting Act - 15 U.S.C . 1681b ( f ) : This section clarifies that credit reporting agencies must take reasonable steps to ensure that the information they report is accurate. If a consumer disputes an item, the agency must take prompt action to correct or remove the inaccurate information. This legal requirement bolsters my claim to have any fraudulent information removed.\n\n*Identity Theft Enforcement and Restitution Act ( 18 U.S.C . 3663A ) : This act allows victims of identity theft to seek restitution and places responsibility on the parties involved in the fraudulent use of personal information. This is a critical legal provision supporting my request for restitution or correction of fraudulent debt on my credit report.\n\n*Electronic Fund Transfer Act ( EFTA ) - 15 U.S.C. 1693g : The EFTA requires that financial institutions notify consumers of unauthorized transactions. This is particularly relevant in cases where a consumers financial information has been used fraudulently. I request that you investigate whether unauthorized transactions have occurred under my name and resolve any associated debt or discrepancies.\n\n*Federal Trade Commission ( FTC ) Identity Theft Report ( 15 U.S.C. 1681c-3 ) : The FTC Identity Theft Report is a crucial document when disputing fraudulent information on your credit report. According to 15 U.S.C. 1681c-3, credit reporting agencies are required to block fraudulent information on the basis of a valid FTC identity theft report. This law underpins my request to remove fraudulent accounts linked to identity theft.\n\n*Fair and Accurate Credit Transactions Act ( FACTA ) of 2003, 15 U.S.C . 1681c-1 : FACTA enhances the rights of identity theft victims by providing a mechanism for blocking fraudulent information from a credit report. Under FACTA, credit reporting agencies are required to block fraudulent information once the consumer has submitted a police report or an FTC identity theft report.\n\n*Consumer Financial Protection Bureau ( CFPB ) Regulations ( 12 C.F.R. 1022.41 ) : The CFPB regulations also enforce the FCRAs rules, including the removal of fraudulent entries from credit reports. According to these regulations, credit reporting agencies must take immediate action once notified of identity theft or fraud.\n\n*Spokeo, Inc. v. Robins , 136 S. Ct. 1540 ( 2016 ) : The Supreme Court ruled that a consumer has standing to sue under the Fair Credit Reporting Act ( FCRA ) even if the injury is intangible, such as the inaccurate reporting of personal data. This case highlights the importance of ensuring the accuracy of information on your credit report and your right to dispute any discrepancies, especially in the context of data breaches.\n\nFurthermore, in the landmark case Spokeo , Inc. v. Robins, 578 U.S. 330 ( 2016 ), the U.S. Supreme Court emphasized the need for accurate reporting and consumer protection under the FCRA. As my personal information has been compromised, I believe the inaccuracies on my credit report represent a clear violation of this precedent, which ensures the integrity and security of credit reporting.\n\n*Safeco Ins. Co. v. Burr, 551 U.S. 47 ( 2007 ) : This case established that consumers are entitled to damages when a credit report is inaccurately reported, even if the violation was not willful. It is a key case reinforcing the legal obligations of credit reporting agencies to report accurate information and respond to consumer disputes.\n\n*XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) : This case involved a data breach where consumers personal data was stolen. The court ruled that individuals who were at risk of identity theft due to the breach had standing to sue, even if they did not suffer actual financial harm at the time. This case highlights the importance of taking action when personal information is compromised, as potential harm can exist even if no immediate fraud occurs.\n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  : This case involved a massive data breach at XXXX XXXX which owned retailers such as TJ Maxx ). The court ruled that individuals whose data was compromised could seek legal remedies for the breach. The case emphasizes that businesses have an obligation to protect consumer data and that consumers are entitled to redress if that data is mishandled or used for fraudulent purposes.\n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : The court ruled that individuals whose personal information is stolen due to a breach have standing to sue if they can demonstrate that the breach exposed them to a heightened risk of identity theft. In the case of disputed credit report items resulting from such breaches, courts have held that the impacted individuals can pursue legal remedies.\n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  : In this case, the court ruled that credit reporting agencies must take proactive steps when dealing with disputes over fraud and identity theft. The case emphasizes that the credit bureaus have an obligation to conduct a thorough investigation when consumers assert that their personal information has been compromised and misused. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX The court held that a consumer whose identity was stolen due to a data breach could sue credit bureaus for not properly investigating disputed items resulting from the theft. The case underscores the need for credit bureaus to comply with the FCRAs dispute investigation provisions in cases of fraud resulting from data breaches.\n\n*Sued v. TransUnion LLC XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX  This case illustrates that consumers have the right to hold credit bureaus accountable if they fail to correct inaccurate information, including data compromised by breaches. The court ruled that consumers whose information has been misused have standing to challenge the misinformation in court, especially if the bureaus fail to adequately investigate.\n\n*Carmen v. Experian Information Solutions , Inc. , 2015 U.S. DistXXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) : The court emphasized that credit reporting agencies must reasonably investigate disputes regarding credit report inaccuracies, particularly where fraud or identity theft is suspected. This ruling supports my request for an investigation into fraudulent entries on my credit report.\n\n*Guerrero v. Asset Acceptance , LLC , 2014 U.S. Dist. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX The court reiterated that debt collectors must validate a debt when disputed. This case upholds the consumer 's right to request debt validation and provides a framework for requesting the documentation needed to prove the legitimacy of a debt.\n\nIn compliance with the Gramm-Leach-Bliley Act and the Federal Trade Commissions ( FTC ) Red Flags Rule, your company is obligated to protect sensitive personal information and take immediate action in response to any breach. Non-compliance could expose your organization to legal liability under the Identity Theft Enforcement and Restitution Act of 2008.\n\nTherefore, I respectfully request the following : *A detailed explanation of how the breach occurred and the steps your company is taking to prevent further incidents.\n\n*A list of all my accounts and personal information that were potentially exposed due to the breach.\n\n*Documentation of the steps being taken to assist consumers impacted by the breach, including any credit monitoring services provided.\n\nDebt Validation Request : In addition to requesting the removal of fraudulent information, I am also requesting that you validate any debt ( s ) reporting on my credit profile and provide the following documentation : *Payment History : Proof that I owe the debt ( s ), including but not limited to a detailed history of payments made on the account ( s ), listing all credits, debits, and balances.\n\n*Chain of Title : Documentation that verifies the transfer of ownership of the debt, showing that the party attempting to collect the debt has the legal right to do so. This should include a clear chain of title and any evidence of assignment or transfer of the debt. Full chain of Assignment ( FDCPA Sections 809a, 809b, 809c, 809d, 809e ) *Original Contract : I demand the original signed contract that allegedly binds me to this debt, with my signature, to confirm my intent to repay the debt. If no signed contract exists, I request proof of the debts legitimacy. This is particularly critical, as the data breaches Ive outlined above may have resulted in fraudulent activities leading to this debt.\n\n*Insurance Claims : Details of any insurance claims linked to this account, including coverage information or settlements made in relation to the debt claims, and any reimbursements or settlements received.\n\n*Clear Explanation of Fees and Charges : Debt collectors must explain any additional fees or charges that have been applied, such as late fees, interest rates, or collection fees. They must also justify these fees to ensure that they are in line with the original agreement. ( FDCPA Section 808 : Prohibits the collection of charges or fees that are not legally authorized or part of the original agreement. ) *Validation that the Debt is Not Beyond the Statute of Limitations : Debt collectors must verify that the debt is not time-barred. If the debt is too old, the collector may no longer have legal standing to pursue it, and they should cease collection efforts. ( FDCPA Section 808 : Prohibits pursuing time-barred debts. ) Under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g, you are legally required to provide the requested documentation before pursuing further collection efforts.\n\nRequest for Action : I respectfully request that you take the following actions : Conduct a full investigation into the entries on my credit report, including the debt ( s ) in question, and provide the requested documentation.\n\n1. Remove or correct any fraudulent or inaccurate or incomplete entries as required by the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681i.\n\n2. Block any fraudulent entries under FCRA Section 605B ( 15 U.S.C. 1681c-2 ) linked to the identity theft resulting from a data breach.\n\n3. Resolve any discrepancies linked to the data breach promptly.\n\nPlease respond in writing with the results of your investigation within the 30-day timeframe set forth by the FCRA. I have enclosed supporting documentation, including the FTC report, CFPB complaint reference, proof of identity, and a copy of other data breaches related to my credit profile along with a copy of all three credit bureaus ' credit freezes. Should you need any additional information, please feel free to contact me directly.\n\nPlease consider this dispute an urgent matter in light of the significant impact the data breaches I have had on my personal and financial information. I request a timely and thorough investigation into the inaccuracies and fraudulent activities linked to these breaches.\n\nThank you for your prompt attention to this matter. I look forward to your swift response.\n\nSincerely, XXXX XXXX","date_sent_to_company":"2025-03-01T17:47:38.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"20743","tags":null,"has_narrative":true,"complaint_id":"12278503","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2025-03-01T17:47:10.000Z","state":"MD","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["*Section 1681e ( b ) : This provision <em>requires</em> that credit reporting agencies <em>adopt</em> reasonable procedures to ensure the accuracy of the information in their reports. Given the occurrence of the data breach, I am requesting that you reevaluate your security measures and take immediate action to ensure my credit report is corrected to reflect only accurate information."]},"sort":[4.1197395,"12278503"]},{"_index":"complaint-public-v1","_id":"12278439","_score":4.1135263,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX MD XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Subject : Dispute of Entire Credit Report Entries and Request for Debt Validation Due to Multiple Data Breach and Violations of the Fair Credit Reporting Act ( FCRA ) Dear [ Credit Reporting Agency ], I am writing to formally dispute inaccurate and incomplete information on my credit report, which I believe may have resulted from data breaches involving Equifax, XXXX, and XXXX, specifically the well-documented breach at XXXX, XXXX well as XXXX XXXX and several other breaches dating back to XXXX and continuing to the XXXX XXXX. These breaches have compromised the security of my personal information. \n\nIt has come to my attention that my personal data, including sensitive information such as my Social Security Number, drivers license, date of birth, and/or account details, was exposed due to breaches involving your companies and others the widespread exposure of my personal data in these breaches calls into question the validity of any information currently reported on my credit report.These breaches are not isolated incidents. The cumulative effect of having my personal information exposed multiple times to unauthorized third parties has put my financial health at significant risk. Each data breach has increased the likelihood that my information could be misused, leading to distress as I work to protect myself from identity theft, fraud, and erroneous financial reporting in this increasingly digital world. These breaches have caused my credit history to be in dispute, given the unauthorized access to my confidential information.\n\nI am requesting a thorough investigation into any incorrect or fraudulent entries associated with these breaches. Additionally, I request the immediate deletion of any fraudulent information related to this identity theft. Due to the scale of these breaches, I expect your agency to investigate and correct any errors caused by this breach under the provisions of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq. I expect all derogatory marks, accounts, and inquiries linked to these breaches to be investigated and removed if they are found to be invalid or fraudulently reported.\n\nPersonal Information : Name XXXX XXXX XXXX XXXX Date of Birth XXXX XXXX XXXX Address XXXX XXXX XXXXXXXX XXXX XXXX XXXX MD XXXX Social Security Number : XXXX Nature of Dispute : As you are aware, numerous data breaches have compromised the personal and financial information of millions of consumers. These breaches have led to significant harm and disruptions in the credit profiles of affected individuals, including mine. Sensitive data has been exposed and is now vulnerable to misuse by unauthorized parties. As a result, I believe that my credit report may contain erroneous or fraudulent entries caused by this exposure.\n\nI have identified discrepancies in my credit report that appear to be linked to fraudulent activity resulting from breaches dating back to XXXX. \n\nAdditionally, I have already filed a report with the Federal Trade Commission ( FTC ) and submitted a complaint to the Consumer Financial Protection Bureau ( CFPB ) regarding this matter. Both actions further support my claim of potential identity theft and underscore the need for immediate correction of my credit report.\n\nAs required by FCRA Section 605 ( B ), I request that you investigate these discrepancies and remove any fraudulent information from my credit report. I expect a response within 30 days of receipt of this letter. Please provide documentation detailing the steps taken to investigate and resolve my dispute.If this matter is not resolved within the specified timeframe, I will take further action, including pursuing legal remedies to protect my rights under the law. I am invoking my rights under various federal laws regarding identity theft and fraudulent credit reporting, specifically referencing Section 605B of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681c-2, which requires credit reporting agencies to block fraudulent information that results from identity theft.\n\nPlease note that, under FCRA Section 1681s-2 ( a ), credit reporting agencies are required to \" Reinvestigate '' disputed items and correct any inaccuracies or incomplete information. Given that the data breach is directly related to the inaccuracy or potential misuse of my information, I am requesting that you review my entire credit reportnot just the individual disputed items to ensure it accuracy. \n\nXXXX XXXX XXXX XXXX  faced a security breach in XXXX, compromising sensitive customer data. This breach was part of a larger trend of financial institutions failing to protect their clients ' information, which could have impacted the accuracy of financial records and reports related to my credit profile. \n\nEquifax XXXX XXXX ( XXXX ) : In this widely publicized breach, Equifax exposed the personal information of approximately 147 million Americans, including social security numbers, birth dates, addresses, and, in some cases, driver 's license numbers. Equifax 's failure to properly safeguard my data potentially led to identity theft and fraudulent activities, which could have affected my credit score. As such, I request that you investigate and correct any erroneous information that may have arisen from this breach, as allowed by FCRA 15 U.S.C. 1681c-2 ( regarding notice of changes in personal information ). As the Federal Trade Commission ( FTC ) confirmed in XXXX, the breach posed a significant risk of identity theft ( FTC v. Equifax, XXXX ). The FTC noted that Equifax inadequate security measures led to the exposure of millions of Americans ' personal data. The XXXX XXXX XXXX for the XXXX XXXX XXXX Georgia ruled that Equifax failure to implement \" reasonable security measures '' violated consumers ' rights under the FCRA, specifically 15 U.S.C. 1681b ( f ) ( which mandates that consumer data be used for permissible purposes only ). As such, I request that you review my credit report for any entries that could have resulted from fraudulent use of my information due to this breach.\n\nExperian & Transunion Data Breaches : Although these breaches may not have been as large-scale as Equifax they still exposed millions of Americans to significant risks of identity theft. Both bureaus have a duty under FCRA 15 U.S.C. 1681e ( b ) to maintain accurate information. Given the recent disclosures of personal data, I request that both Experian and TransUnion review my credit reports for any inaccurate information resulting from the breaches. Both Experian and TransUnion have also been involved in various other data breaches, compromising sensitive personal data. Most recently, TransUnion settled a class action lawsuit in XXXX for failing to protect consumer data properly, leading to widespread fraud and inaccurate credit reporting. In TransUnion Data Breach Litigation, XXXX XXXX XXXX ( XXXX XXXX ), the court found that TransUnion had violated its obligations under FCRA 15 U.S.C. 1681e ( b ), which requires consumer reporting agencies to maintain reasonable procedures to ensure maximum possible accuracy in the credit reports they produce. As these companies ' failures in safeguarding personal data are well-documented, I request a thorough review and update of my credit file to ensure any inaccuracies from these breaches are addressedXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXs breach exposed personal information of millions of customers, including payment details. The breach involved malicious code being introduced into the company 's ticketing systems. As a customer who was impacted by this breach, this was significant, as it impacted the personal financial data of millions, including myself. \n\n* XXXX XXXX XXXX XXXX, legal action was taken against the company for its failure to adequately protect customer data. Equifax , Inc., Customer Data Security Breach Litigation,\n2019 WL 3937643 ( N.D. Ga. 2019 ) : In this case, Equifax was held accountable for its failure to protect consumer data, which directly impacted the accuracy of credit reports.\n\nTransunion Data Breach Litigation, 2020 WL 2650920 ( N.D. Ill. ) : This case reinforces that credit bureaus are liable for failing to safeguard consumer data and are required to ensure accuracy in their credit reporting.\n\nData Breach Liability Equifax , Inc., Customer Data Security Breach Litigation, 2019 WL 3937643 ( N.D. Ga. 2019 ) : In this case, consumers alleged that Equifax 's failure to protect their data led to significant financial and emotional harm. The court ruled that Equifax could be held liable for the harm caused by their negligence in failing to properly safeguard consumer data. \n\nCFPB Lawsuit Against Experian ( 2025 ) : In XX/XX/XXXX, the CFPB sued Experian, alleging that the company failed to properly investigate consumer disputes, resulting in the inclusion of incorrect information on credit reports.\n\nExperian/T-Mobile Data Breach ( 2015 ) : This breach exposed the personal information of nearly XXXX XXXX customers. \n\nExperian Data Breach Settlement ( 2019 ) : This settlement addresses claims that Experian had reported incorrect residential information, labeling certain addresses as high-risk, which adversely affected consumers ' creditworthiness.\n\nCFPB Enforcement Actions : The CFPB took action against TransUnion in 2022 for deceptive marketing practices related to credit scores and credit-related products. \n\nFTC XXXX XXXX XXXX XXXX, where the FTC emphasized the importance of data security practices and consumer rights in cases involving breaches of sensitive data. \n\nData Breach Impact on Credit Reports : Courts have acknowledged the need for credit bureaus to take reasonable steps to ensure that data breaches do not result in the dissemination of inaccurate information. \n\nXXXXe XXXX XXXXransUnion LLC , 925 F.3d 201 ( 3rd Cir. XXXX XXXX, the court emphasized that credit bureaus must act promptly when alerted to fraud or inaccuracies resulting from a data breach. \n\n*Section 1681e ( b ) : This provision requires that credit reporting agencies adopt reasonable procedures to ensure the accuracy of the information in their reports. Given the occurrence of the data breach, I am requesting that you reevaluate your security measures and take immediate action to ensure my credit report is corrected to reflect only accurate information.\n\n*Identity Theft Victim Rights : Under the FCRA, if a consumers information is compromised due to a data breach and they become a victim of identity theft, they have the right to request that a fraud alert or credit freeze be placed on their file. Additionally, consumers can request that their credit report be reviewed for any inaccuracies or unauthorized entries. \n\n*FCRA Section 605B ( 15 U.S.C. 1681c-2 ) : This section mandates that credit bureaus block any fraudulent information related to identity theft once I provide proper documentation ( e.g., a police report or FTC identity theft report ). You are required to block any fraudulent accounts or entries that were not made by me and notify me that the information has been blocked.\n\n*The Fair Credit Reporting Act ( FCRA ) 15 U.S.C. 1681i : Under the FCRA, credit reporting agencies are legally obligated to maintain accurate and complete consumer credit information. Section 1681i requires that if a consumer disputes information, the credit reporting agency must investigate and respond to the dispute within 30 days. Given the data breach, I expect that any fraudulent or inaccurate information will be corrected.\n\n*Fair Credit Reporting Act ( FCRA ), Section 1681i ( 15 U.S.C. 1681i ) : Under FCRA Section 1681i, if I dispute inaccurate or incomplete information on my credit report, you are required to conduct a full investigation. If the information is found to be inaccurate or fraudulent, you must remove or correct it. This statute strengthens my request for the deletion of fraudulent accounts from my credit report. \n\n*Identity Theft and Assumption Deterrence Act ( 18 U.S.C . 1028 ) : This statute criminalizes identity theft and provides a basis for legal recourse. If my personal information was used fraudulently, I am entitled to seek corrective actions through the credit bureaus. The fraudulent entries on my report violate this federal law, and I request their immediate deletion.\n\n*Identity Theft Victims Assistance Act ( 16 C.F.R. 603.2 ) : The Identity Theft Victims Assistance Act stipulates that victims of identity theft can request the blocking of fraudulent information on their credit reports. This regulation supports my claim that the fraudulent entries caused by the breach should be removed immediately once I provide sufficient evidence of identity theft. \n\n*Fair Debt Collection Practices Act ( FDCPA ) - 15 U.S.C. 1692g : Under this law, any debt that is disputed by the consumer must be validated by the debt collector before collection efforts proceed. This validates my right to dispute any debts that have been fraudulently placed on my credit report and for you to provide proof of the legitimacy of these debts before pursuing any further actions.\n\n*The Consumer Privacy Protection Act ( S. 2151 ) : This law requires companies to implement measures to protect personal data and provides victims with the right to seek corrective action if their data is used fraudulently. As a victim of the breach, I am entitled to the removal of any fraudulent information linked to this breach.\n\n*Fair Credit Reporting Act - 15 U.S.C . 1681b ( f ) : This section clarifies that credit reporting agencies must take reasonable steps to ensure that the information they report is accurate. If a consumer disputes an item, the agency must take prompt action to correct or remove the inaccurate information. This legal requirement bolsters my claim to have any fraudulent information removed.\n\n*Identity Theft Enforcement and Restitution Act ( 18 U.S.C . 3663A ) : This act allows victims of identity theft to seek restitution and places responsibility on the parties involved in the fraudulent use of personal information. This is a critical legal provision supporting my request for restitution or correction of fraudulent debt on my credit report.\n\n*Electronic Fund Transfer Act ( EFTA ) - 15 U.S.C. 1693g : The EFTA requires that financial institutions notify consumers of unauthorized transactions. This is particularly relevant in cases where a consumers financial information has been used fraudulently. I request that you investigate whether unauthorized transactions have occurred under my name and resolve any associated debt or discrepancies.\n\n*Federal Trade Commission ( FTC ) Identity Theft Report ( 15 U.S.C. 1681c-3 ) : The FTC Identity Theft Report is a crucial document when disputing fraudulent information on your credit report. According to 15 U.S.C. 1681c-3, credit reporting agencies are required to block fraudulent information on the basis of a valid FTC identity theft report. This law underpins my request to remove fraudulent accounts linked to identity theft.\n\n*Fair and Accurate Credit Transactions Act ( FACTA ) of 2003, 15 U.S.C . 1681c-1 : FACTA enhances the rights of identity theft victims by providing a mechanism for blocking fraudulent information from a credit report. Under FACTA, credit reporting agencies are required to block fraudulent information once the consumer has submitted a police report or an FTC identity theft report.\n\n*Consumer Financial Protection Bureau ( CFPB ) Regulations ( 12 C.F.R. 1022.41 ) : The CFPB regulations also enforce the FCRAs rules, including the removal of fraudulent entries from credit reports. According to these regulations, credit reporting agencies must take immediate action once notified of identity theft or fraud.\n\n*Spokeo, Inc. v. Robins , 136 S. Ct. 1540 ( 2016 ) : The Supreme Court ruled that a consumer has standing to sue under the Fair Credit Reporting Act ( FCRA ) even if the injury is intangible, such as the inaccurate reporting of personal data. This case highlights the importance of ensuring the accuracy of information on your credit report and your right to dispute any discrepancies, especially in the context of data breaches.\n\nFurthermore, in the landmark case Spokeo , Inc. v. Robins, 578 U.S. 330 ( 2016 ), the U.S. Supreme Court emphasized the need for accurate reporting and consumer protection under the FCRA. As my personal information has been compromised, I believe the inaccuracies on my credit report represent a clear violation of this precedent, which ensures the integrity and security of credit reporting.\n\n*Safeco Ins. Co. v. Burr, 551 U.S. 47 ( 2007 ) : This case established that consumers are entitled to damages when a credit report is inaccurately reported, even if the violation was not willful. It is a key case reinforcing the legal obligations of credit reporting agencies to report accurate information and respond to consumer disputes.\n\n*XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ) : This case involved a data breach where consumers personal data was stolen. The court ruled that individuals who were at risk of identity theft due to the breach had standing to sue, even if they did not suffer actual financial harm at the time. This case highlights the importance of taking action when personal information is compromised, as potential harm can exist even if no immediate fraud occurs.\n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  : This case involved a massive data breach at XXXX XXXX which owned retailers such as TJ Maxx ). The court ruled that individuals whose data was compromised could seek legal remedies for the breach. The case emphasizes that businesses have an obligation to protect consumer data and that consumers are entitled to redress if that data is mishandled or used for fraudulent purposes.\n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX : The court ruled that individuals whose personal information is stolen due to a breach have standing to sue if they can demonstrate that the breach exposed them to a heightened risk of identity theft. In the case of disputed credit report items resulting from such breaches, courts have held that the impacted individuals can pursue legal remedies.\n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  : In this case, the court ruled that credit reporting agencies must take proactive steps when dealing with disputes over fraud and identity theft. The case emphasizes that the credit bureaus have an obligation to conduct a thorough investigation when consumers assert that their personal information has been compromised and misused. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX The court held that a consumer whose identity was stolen due to a data breach could sue credit bureaus for not properly investigating disputed items resulting from the theft. The case underscores the need for credit bureaus to comply with the FCRAs dispute investigation provisions in cases of fraud resulting from data breaches.\n\n*Sued v. TransUnion LLC XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX  This case illustrates that consumers have the right to hold credit bureaus accountable if they fail to correct inaccurate information, including data compromised by breaches. The court ruled that consumers whose information has been misused have standing to challenge the misinformation in court, especially if the bureaus fail to adequately investigate.\n\n*Carmen v. Experian Information Solutions , Inc. , 2015 U.S. DistXXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) : The court emphasized that credit reporting agencies must reasonably investigate disputes regarding credit report inaccuracies, particularly where fraud or identity theft is suspected. This ruling supports my request for an investigation into fraudulent entries on my credit report.\n\n*Guerrero v. Asset Acceptance , LLC , 2014 U.S. Dist. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX The court reiterated that debt collectors must validate a debt when disputed. This case upholds the consumer 's right to request debt validation and provides a framework for requesting the documentation needed to prove the legitimacy of a debt.\n\nIn compliance with the Gramm-Leach-Bliley Act and the Federal Trade Commissions ( FTC ) Red Flags Rule, your company is obligated to protect sensitive personal information and take immediate action in response to any breach. Non-compliance could expose your organization to legal liability under the Identity Theft Enforcement and Restitution Act of 2008.\n\nTherefore, I respectfully request the following : *A detailed explanation of how the breach occurred and the steps your company is taking to prevent further incidents.\n\n*A list of all my accounts and personal information that were potentially exposed due to the breach.\n\n*Documentation of the steps being taken to assist consumers impacted by the breach, including any credit monitoring services provided.\n\nDebt Validation Request : In addition to requesting the removal of fraudulent information, I am also requesting that you validate any debt ( s ) reporting on my credit profile and provide the following documentation : *Payment History : Proof that I owe the debt ( s ), including but not limited to a detailed history of payments made on the account ( s ), listing all credits, debits, and balances.\n\n*Chain of Title : Documentation that verifies the transfer of ownership of the debt, showing that the party attempting to collect the debt has the legal right to do so. This should include a clear chain of title and any evidence of assignment or transfer of the debt. Full chain of Assignment ( FDCPA Sections 809a, 809b, 809c, 809d, 809e ) *Original Contract : I demand the original signed contract that allegedly binds me to this debt, with my signature, to confirm my intent to repay the debt. If no signed contract exists, I request proof of the debts legitimacy. This is particularly critical, as the data breaches Ive outlined above may have resulted in fraudulent activities leading to this debt.\n\n*Insurance Claims : Details of any insurance claims linked to this account, including coverage information or settlements made in relation to the debt claims, and any reimbursements or settlements received.\n\n*Clear Explanation of Fees and Charges : Debt collectors must explain any additional fees or charges that have been applied, such as late fees, interest rates, or collection fees. They must also justify these fees to ensure that they are in line with the original agreement. ( FDCPA Section 808 : Prohibits the collection of charges or fees that are not legally authorized or part of the original agreement. ) *Validation that the Debt is Not Beyond the Statute of Limitations : Debt collectors must verify that the debt is not time-barred. If the debt is too old, the collector may no longer have legal standing to pursue it, and they should cease collection efforts. ( FDCPA Section 808 : Prohibits pursuing time-barred debts. ) Under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g, you are legally required to provide the requested documentation before pursuing further collection efforts.\n\nRequest for Action : I respectfully request that you take the following actions : Conduct a full investigation into the entries on my credit report, including the debt ( s ) in question, and provide the requested documentation.\n\n1. Remove or correct any fraudulent or inaccurate or incomplete entries as required by the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681i.\n\n2. Block any fraudulent entries under FCRA Section 605B ( 15 U.S.C. 1681c-2 ) linked to the identity theft resulting from a data breach.\n\n3. Resolve any discrepancies linked to the data breach promptly.\n\nPlease respond in writing with the results of your investigation within the 30-day timeframe set forth by the FCRA. I have enclosed supporting documentation, including the FTC report, CFPB complaint reference, proof of identity, and a copy of other data breaches related to my credit profile along with a copy of all three credit bureaus ' credit freezes. Should you need any additional information, please feel free to contact me directly.\n\nPlease consider this dispute an urgent matter in light of the significant impact the data breaches I have had on my personal and financial information. I request a timely and thorough investigation into the inaccuracies and fraudulent activities linked to these breaches.\n\nThank you for your prompt attention to this matter. I look forward to your swift response.\n\nSincerely, XXXX XXXX","date_sent_to_company":"2025-03-01T17:47:37.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"20743","tags":null,"has_narrative":true,"complaint_id":"12278439","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2025-03-01T16:58:26.000Z","state":"MD","company_public_response":null,"sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["*Section 1681e ( b ) : This provision <em>requires</em> that credit reporting agencies <em>adopt</em> reasonable procedures to ensure the accuracy of the information in their reports. Given the occurrence of the data breach, I am requesting that you reevaluate your security measures and take immediate action to ensure my credit report is corrected to reflect only accurate information."]},"sort":[4.1135263,"12278439"]},{"_index":"complaint-public-v1","_id":"9535823","_score":4.080101,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX have look at my credit report and see that there are inaccurate reports on my account child support dont not report to credit reporters and by lawful cancellation all contracts and remove theses accounts off my credit profile I will like a contract to show that me a living soul that me and them the other party showed in contact where we both agreed upon on all disclosure must be showed its a invalid contract please remove from my credit report it have hinder me from my future benefits. UCC 1-308 without prejudice Please remove these accounts immediately. I Recently viewed my credit report and saw that there is incorrect information on my credit report. In accordance with the Fair Credit Reporting act. These accounts is inaccurate and dont have no contract with me or did not notify me or put me on notice that was going to report these accounts on my credit report. I have the rights to private I will love equity for all the inaccurate accounts on my credit report.The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. I HAVE NOTICE THESE NAMES AND ADDRESSES XXXX XXXX XXXX XXXX XXXX XXXX is not my address DO NOT BELONG TO ME CAN YOU PLEASE REMOVE THIS ADDRESS FROM MY INFORMATION ON MY CREDIT REPORT IMMEDIATELY. XXXX XXXX XXXX XXXX I have tried time after times delete this off my credit report immediately this is not acting in good Faith by law XXXX XXXX and XXXX to delete this account immediately yes Experian have deleted this account so I would like this account to delete immediately. ( XXXX XXXX XXXX  : XXXX ) XXXX XXXX  : XXXX, XXXX and XXXX XXXX have removed and deleted this child support. I would like for Experian and XXXX have deleted it and put it back in my credit report by law thats illegal I will like for these accounts to be deleted and remove this account immediatelyXXXX XXXX XXXX XXXX XXXX : XXXX, ( XXXX XXXX : XXXX ) XXXX  XXXX XXXX : XXXX, has violated my rights. 15 U.S.C 6802 ( B ) The consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish an account without my written instructions. 15 U.S.C 1681c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 15 U.S.C 1681 section 623 If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623 ( a ) ( 1 ) ( B ). 15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Also the credit bureaus failed to do a complete a full investigation here is my certified cfpb complaint number. I HAVE TRYING CALLING AND MORE AND HAVE NOT GOT NOT MAIL TO UPDATE ME ON MY credit profile and I dont not want the reporting any thing for me on my credit account I am a living man I can conduct my own business and have the right to privacy bay law UCC XXXX SEE THEY ARE FAILED TO COMPLETE A FULL investigation. You have 4 days to delete this from my account immediately its hurt my credit profile from getting a response please to live and depender automobile to travel XXXX XXXX XXXX is my correct name this is a violation. I want this these account CLOSE WITH MONETARY RELIEF. They had fail to mail or email me a FRA Letter explaining my rights and show me proof of my wet signature.. Please remove these hard inquiries from my account I have not received no funds or service with these companies XXXX XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXX XXXX XXXX Code 1681i - Procedure in case of disputed accuracy ( 5 ) Treatment of inaccurate or unverifiable information ( A ) In general If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation ; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer. 15 U.S. Code 1681q - Obtaining information under false pretenses Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both. 15 U.S. Code 1666b - Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. ( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. 15 U.S. Code 1638 - Transactions other than under an open end credit plan a ) Required disclosures by creditor For each consumer credit transaction other than under an open end credit plan, the creditor shall disclose each of the following items, to the extent applicable : ( 1 ) The identity of the creditor required to make disclosure. ( 2 ) ( A ) The amount financed, using that term, which shall be the amount of credit of which the consumer has actual use. This amount shall be computed as follows, but the computations need not be disclosed and shall not be disclosed with the disclosures conspicuously segregated in accordance with subsection ( b ) ( 1 ) : ( i ) take the principal amount of the loan or the cash price less downpayment and trade-in; ( ii ) add any charges which are not part of the finance charge or of the principal amount of the loan and which are financed by the consumer, including the cost of any items excluded from the finance charge pursuant to section 1605 of this title; and ( iii ) subtract any charges which are part of the finance charge but which will be paid by the consumer before or at the time of the consummation of the transaction, or have been withheld from the proceeds of the credit. ( B ) In conjunction with the disclosure of the amount financed, a creditor shall provide a statement of the consumers right to obtain, upon a written request, a written itemization of the amount financed. The statement shall include spaces for a yes and no indication to be initialed by the consumer to indicate whether the consumer wants a written itemization of the amount financed. Upon receiving an affirmative indication, the creditor shall provide, at the time other disclosures are required to be furnished, a written itemization of the amount financed. For the purposes of this subparagraph, itemization of the amount financed means a disclosure of the following items, to the extent applicable : ( i ) the amount that is or will be paid directly to the consumer ; ( ii ) the amount that is or will be credited to the consumers account to discharge obligations owed to the creditor ; ( iii ) each amount that is or will be paid to third persons by the creditor on the consumers behalf, together with an identification of or reference to the third person; and ( iv ) the total amount of any charges described in the preceding subparagraph ( A ) ( iii ). ( 3 ) The finance charge, not itemized, using that term. ( 4 ) The finance charge expressed as an annual percentage rate, using that term. This shall not be required if the amount financed does not exceed {$75.00} and the finance charge does not exceed {$5.00}, or if the amount financed exceeds {$75.00} and the finance charge does not exceed {$7.00}. ( 5 ) The sum of the amount financed and the finance charge, which shall be termed the total of payments. ( 6 ) The number, amount, and due dates or period of payments scheduled to repay the total of payments. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX. Argued XX/XX/XXXX, XXXX XX/XX/XXXX Respondents, XXXX XXXX  mothers XXXX children are eligible for state child support services under Title IV -D of the Social Security Act, filed this 42 U. S. C. 1983 suit against petitioner, the director of the state child support agency, claiming, among other things, that they properly applied for child support services ; that, despite their good faith efforts to cooperate, the agency never took adequate steps to obtain child support payments for them ; that these omissions were largely attributable to staff shortages and other structural defects in the State 's program ; and that these systemic failures violated their individual rights under Title IV-D to have all mandated services delivered in substantial compliance with the title and its implementing regulations. They requested broad relief, including a declaratory judgment that the Arizona program 's operation violates Title IV -D provisions creating rights in them that are enforceable through a 1983 action, and an injunction requiring the director to achieve substantial compliance with Title IV-D throughout all programmatic operations. The District Court granted summary judgment for petitioner, but the Ninth Circuit reversed. Without distinguishing among the numerous provisions of the complex Title IV-D program or the many rights those provisions might have created, the latter court held that respondents had an enforceable individual right to have the State achieve \" substantial compliance '' with Title IV-D. It also disagreed with the District Court 's conclusion that Congress had foreclosed private Title IV-D enforcement actions by authorizing the Secretary of Health and Human Services ( Secretary ) to audit and cut off funds to States whose programs do not substantially comply with Title IV-D 's requirements Held : Title IV-D does not give individuals a federal right to force a state agency to substantially comply with Title IV-D. Pp.340-349. ( a ) A plaintiff seeking 1983 redress must assert the violation of a federal right, not merely of federal law. XXXX XXXX XXXX XXXX v. XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX. XXXX principal factors determine whether a statutory provision creates a privately enforceable right : ( XXXX ) whether the plaintiff is an intended beneficiary of the statute ; ( 2 ) whether the plaintiff 's asserted interests are not so vague and amor- XXXX XXXX XXXX as to be beyond the competence of the judiciary to enforce ; and ( XXXX ) whether the statute imposes a binding obligation on the State. See, e. g., XXXX XXXX Virginia XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX. Even if a plaintiff demonstrates such a right, however, there is only a rebuttable presumption that it is enforceable under XXXX. Dismissal is proper if XXXX specifically foreclosed a XXXX remedy, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX, XXXX, either expressly, by forbidding recourse to XXXX in the statute itself, or impliedly, by creating a comprehensive enforcement scheme that is incompatible with individual XXXX enforcement, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX pp. XXXX. ( b ) Respondents have not established that XXXX XXXX gives them individually enforceable federal rights. In prior cases, the XXXX has been able to determine whether or not a statute created such rights because the plaintiffs articulated, and lower courts evaluated, welldefined claims. See, XXXX XXXX, XXXX XXXX XXXX XXXX and XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX. Here, respondents have not identified with particularity the rights they claim, and the XXXX XXXX has not engaged in the requisite methodical inquiry. That court erred in apparently holding that individuals have an enforceable right to \" substantial compliance '' with XXXX XXXX in all respects. The statutory \" substantial compliance '' requirement, see, XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( a ) ( XXXX ) ( XXXX XXXX, Supp. XXXX ), does not give rise to individual rights ; it was not intended to benefit individual children and custodial parents, but is simply a yardstick for the XXXX to measure the systemwide performance of a XXXX 's XXXX XXXX program, allowing her to increase the frequency of audits and reduce the XXXX 's federal XXXX upon a finding of substantial noncompliance. The Court of Appeals also erred in taking a blanket approach to determining whether Title IV-D creates rights : It is readily apparent that many of the provisions of that multifaceted statutory scheme, including its \" substantial compliance '' standard and data processing, staffing, and organizational requirements, do not fit any of the traditional criteria for identifying statutory rights. Although this Court does not foreclose the possibility that some Title IV-D provisions give rise to individual rights, the Ninth Circuit did not separate out the particular rights it believed arise from the statutory scheme, the complaint is less than clear in this regard, and it is not certain whether respondents sought any relief more specific than a declaration that their \" rights '' were being violated and an injunction forcing petitioner to \" substantially comply '' with all of Title IV-D 's provisions. This defect is best addressed by sending the case back for the District Court to construe the complaint in the first instance, in order to determine exactly what rights, considered in their most concrete, specific form, respondents are asserting. Only by manageably breaking down the 42 U.S. Code 1983 - Civil action for deprivation of rights Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officers judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. Credit card Code 15 U.S. Code 1692k - Civil liability Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorneys fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorneys fees reasonable in relation to the work expended and costs. ( b ) Factors considered by court In determining the amount of liability in any action under subsection ( a ), the court shall consider, among other relevant factors ( 1 ) in any individual action under subsection ( a ) ( 2 ) ( A ), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or ( 2 ) in any class action under subsection ( a ) ( 2 ) ( B ), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collectors noncompliance was intentional. ( c ) Intent A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. ( d ) Jurisdiction An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs. ( e ) Advisory opinions of Bureau No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Bureau, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. 15 U.S. Code 1642 - Issuance of credit cards No credit card shall be issued except in response to a request or application therefor. This prohibition does not apply to the issuance of a credit card in renewal of, or in substitution for, an accepted credit card. 15 U.S.C 1692g Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. ( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. ( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ). ( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section. 15 U.S. Code 1681q - Obtaining information under false pretenses U.S. Code Notes prev | next Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both. To who it may concern, After viewing a copy of my credit report, I noticed a collection account placed on my credit report from you in 2023 I am requesting that you allow me to validate the alleged debt. I am unaware of any outstanding medical bills that I possess, and I am seeking the name and hospital/medical provider to which I owe the debt and a detailed breakdown of the fees that I owe. Additionally, I am allowed under the Heath insurance Portability and Accountability Act ( HIPAA ] to protect my privacy and medical records from third parties. I did not give permission to any of my current or prior medical providers to release any of my medical information to a third party. I am aware that the HIPAA does allows the release of limited information about me but anything more is to only be revealed with the patient 's authorization. Therefore, my request is twofold-validation of debt and HIPAA authorization . Please provide breakdown of fees including any collection costs and medical charges. Provide a copy of my signature with the provider of service to release my medical information to you.Cease any credit bureau reporting until the debt has been validated by me, Please send this information to my address listed above and accept this letter, sent certified mail, as my formal debt validation request, which I am allowed under the FDCPA. Please note that withholding the information you received from any medical provider in an attempt to be HIPAA compliant can be a violation of the FDCPA because you will be deceiving me after my written request. I request full documentation of what you received from the provider of service in connection with this alleged debt. Additionally, any reporting of this debt to the credit bureaus prior to allowing me to validate it is a violation of the Fair Credit Reporting Act, which can allow me to seek damages from a collection agency. I will await your reply with above requested proof. Upon receiving it, I will correspond back by certified mail. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate, when in fact there is no provided proof that it is accurate. If your company fails to respond to this validation request within 30 days from the date of your receipt. all references to this account must be deleted and completely removed from my credit report and a copy of such deletion ( to any/all of the 3 major credit reporting bureaus : XXXX, Experian and XXXX ) request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by XXXX. It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose 's 18 U.S. Code 1028A - Aggravated identity theft U.S. Code Notes prev | next ( a ) Offenses. ( 1 ) In general. Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. ( 2 ) XXXX offense. Whoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years. \n\n\nWithout prejudice UCC 1-308 all rights reserved","date_sent_to_company":"2024-07-18T01:18:44.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"68502","tags":null,"has_narrative":true,"complaint_id":"9535823","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-07-18T00:52:15.000Z","state":"NE","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Credit inquiries on your report that you don't recognize"},"highlight":{"complaint_what_happened":["That court erred in apparently holding that individuals have an enforceable right to \" substantial <em>compliance</em> '' with XXXX XXXX in all respects. The statutory \" substantial <em>compliance</em> '' requirement, see, XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( a ) ( XXXX ) ( XXXX XXXX, Supp."]},"sort":[4.080101,"9535823"]},{"_index":"complaint-public-v1","_id":"9536025","_score":4.0729303,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I XXXX XXXX XXXX XXXX XXXX Executor XXXX XXXX XXXX XXXX XXXX XXXX United States XXXX XXXX XXXX XXXX XXXX XXXX XXXX have look at my credit report and see that there are inaccurate reports on my account XXXX XXXX dont not report to credit reporters and by lawful cancellation all contracts and remove theses accounts off my credit profile I will like a contract to show that me a living soul that me and them the other party showed in contact where we both agreed upon on all disclosure must be showed its a invalid contract please remove from my credit report it have hinder me from my future benefits. UCC 1-308 without prejudice Please remove these accounts immediately. I Recently viewed my credit report and saw that there is incorrect information on my credit report. In accordance with the Fair Credit Reporting act. These accounts is inaccurate and dont have no contract with me or did not notify me or put me on notice that was going to report these accounts on my credit report. I have the rights to private I will love equity for all the inaccurate accounts on my credit report.The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. I HAVE NOTICE THESE NAMES AND ADDRESSES XXXX XXXX XXXX XXXX XXXX XXXX is not my address DO NOT BELONG TO ME CAN YOU PLEASE REMOVE THIS ADDRESS FROM MY INFORMATION ON MY CREDIT REPORT IMMEDIATELY. XXXX XXXX XXXX XXXX I have tried time after times delete this off my credit report immediately this is not acting in good Faith by law Trans Union and XXXX to delete this account immediately yes XXXX have deleted this account so I would like this account to delete immediately. ( XXXX XXXX XXXX XXXX XXXXXX ) XXXX XXXX XXXX XXXX, XXXX and Trans Union have removed and deleted this XXXX XXXX. I would like for XXXX and XXXX have deleted it and put it back in my credit report by law thats illegal I will like for these accounts to be deleted and remove this account immediately. XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) XXXX XXXXXXXX XXXX : XXXX, has violated my rights. 15 U.S.C 6802 ( B ) The consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish an account without my written instructions. 15 U.S.C 1681c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 15 U.S.C 1681 section 623 If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section XXXX ( a ) ( XXXX ) ( B ). XXXX XXXX. XXXX ( A ) ( XXXX ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Also the credit bureaus failed to do a complete a full investigation here is my certified cfpb complaint number. I HAVE TRYING CALLING AND MORE AND HAVE NOT GOT NOT MAIL TO UPDATE ME ON MY credit profile and I dont not want the reporting any thing for me on my credit account I am a living man I can conduct my own business and have the right to privacy bay law UCC I SEE THEY ARE FAILED TO COMPLETE A FULL investigation. You have 4 days to delete this from my account immediately its hurt my credit profile from getting a response please to live and depender automobile to travel XXXX XXXX XXXX is my correct name this is a violation. I want this these account CLOSE WITH MONETARY RELIEF. They had fail to mail or email me a XXXX XXXX explaining my rights and show me proof of my wet signature.. Please remove these hard inquiries from my account I have not received no funds or service with these companies XXXX XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXX 15 U.S. Code 1681i - Procedure in case of disputed accuracy ( 5 ) Treatment of inaccurate or unverifiable information ( A ) In general If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation ; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer. 15 U.S. Code 1681q - Obtaining information under false pretenses Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both. 15 U.S. Code 1666b - Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. ( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. 15 U.S. Code 1638 - Transactions other than under an open end credit plan a ) Required disclosures by creditor For each consumer credit transaction other than under an open end credit plan, the creditor shall disclose each of the following items, to the extent applicable : ( 1 ) The identity of the creditor required to make disclosure. ( 2 ) ( A ) The amount financed, using that term, which shall be the amount of credit of which the consumer has actual use. This amount shall be computed as follows, but the computations need not be disclosed and shall not be disclosed with the disclosures conspicuously segregated in accordance with subsection ( b ) ( 1 ) : ( i ) take the principal amount of the loan or the cash price less downpayment and trade-in; ( ii ) add any charges which are not part of the finance charge or of the principal amount of the loan and which are financed by the consumer, including the cost of any items excluded from the finance charge pursuant to section 1605 of this title; and ( iii ) subtract any charges which are part of the finance charge but which will be paid by the consumer before or at the time of the consummation of the transaction, or have been withheld from the proceeds of the credit. ( B ) In conjunction with the disclosure of the amount financed, a creditor shall provide a statement of the consumers right to obtain, upon a written request, a written itemization of the amount financed. The statement shall include spaces for a yes and no indication to be initialed by the consumer to indicate whether the consumer wants a written itemization of the amount financed. Upon receiving an affirmative indication, the creditor shall provide, at the time other disclosures are required to be furnished, a written itemization of the amount financed. For the purposes of this subparagraph, itemization of the amount financed means a disclosure of the following items, to the extent applicable : ( i ) the amount that is or will be paid directly to the consumer ; ( ii ) the amount that is or will be credited to the consumers account to discharge obligations owed to the creditor ; ( iii ) each amount that is or will be paid to third persons by the creditor on the consumers behalf, together with an identification of or reference to the third person; and ( iv ) the total amount of any charges described in the preceding subparagraph ( A ) ( iii ). ( 3 ) The finance charge, not itemized, using that term. ( 4 ) The finance charge expressed as an annual percentage rate, using that term. This shall not be required if the amount financed does not exceed {$75.00} and the finance charge does not exceed {$5.00}, or if the amount financed exceeds {$75.00} and the finance charge does not exceed {$7.00}. ( 5 ) The sum of the amount financed and the finance charge, which shall be termed the total of payments. ( 6 ) The number, amount, and due dates or period of payments scheduled to repay the total of payments. XXXX XXXX  XXXX, XXXX XXXX XXXX ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX No. XXXX. Argued XX/XX/XXXX, XXXX XX/XX/XXXX Respondents, XXXX XXXX mothers whose children are eligible for state child support services under XXXX XXXX XXXX of the Social Security Act, filed this 42 U. S. C. 1983 suit against petitioner, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, claiming, among other things, that they properly applied for child support services ; that, despite their good faith efforts to cooperate, the agency never took adequate steps to obtain child support payments for them ; that these omissions were largely attributable to staff shortages and other structural defects in the State 's program ; and that these systemic failures violated their individual rights under Title IV-D to have all mandated services delivered in substantial compliance with the title and its implementing regulations. They requested broad relief, including a declaratory judgment that the XXXX program 's operation violates Title IV -D provisions creating rights in them that are enforceable through a XXXX action, and an injunction requiring the XXXX to achieve substantial compliance with Title IV-D throughout all programmatic operations. The XXXX XXXX granted summary judgment for petitioner, but the XXXX XXXX reversed. Without distinguishing among the numerous provisions of the complex XXXX XXXX program or the many rights those provisions might have created, the latter court held that respondents had an enforceable individual right to have the XXXX achieve \" substantial compliance '' with XXXX XXXX. It also disagreed with the XXXX XXXX 's conclusion that XXXX had foreclosed private Title IV-D enforcement actions by authorizing the Secretary of Health and Human Services ( Secretary ) to audit and cut off funds to States whose programs do not substantially comply with Title IV-D 's requirements Held : Title IV-D does not give individuals a federal right to force a state agency to substantially comply with Title IV-D. XXXX. ( a ) A plaintiff seeking XXXX redress must assert the violation of a federal right, not merely of federal law. XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX XXXX, XXXX. Three principal factors determine whether a statutory provision creates a privately enforceable right : ( 1 ) whether the plaintiff is an intended beneficiary of the statute ; ( 2 ) whether the plaintiff 's asserted interests are not so vague and amor- XXXX XXXX XXXX as to be beyond the competence of the judiciary to enforce ; and ( XXXX ) whether the statute imposes a binding obligation on the State. See, e. g., XXXX XXXXXXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX XXXX, XXXX. Even if a plaintiff demonstrates such a right, however, there is only a rebuttable presumption that it is enforceable under XXXX. Dismissal is proper if XXXX specifically foreclosed a XXXX remedy, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX, XXXX, either expressly, by forbidding recourse to XXXX in the statute itself, or impliedly, by creating a comprehensive enforcement scheme that is incompatible with individual XXXX enforcement, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX pp. XXXX. ( b ) Respondents have not established that XXXX XXXX gives them individually enforceable federal rights. In prior cases, the XXXX has been able to determine whether or not a statute created such rights because the plaintiffs articulated, and lower courts evaluated, welldefined claims. See, XXXX XXXX, XXXX XXXX XXXX XXXX and XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX. Here, respondents have not identified with particularity the rights they claim, and the XXXX XXXX has not engaged in the requisite methodical inquiry. That court erred in apparently holding that individuals have an enforceable right to \" substantial compliance '' with XXXX XXXX in all respects. The statutory \" substantial compliance '' requirement, see, XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( a ) ( XXXX ) ( XXXX XXXX, Supp. XXXX ), does not give rise to individual rights ; it was not intended to benefit individual children and custodial parents, but is simply a yardstick for the Secretary to measure the systemwide performance of a XXXX 's XXXX XXXX program, allowing her to increase the frequency of audits and reduce the XXXX 's federal grant upon a finding of substantial noncompliance. The XXXX XXXX XXXX also erred in taking a blanket approach to determining whether XXXX XXXX creates rights : It is readily apparent that many of the provisions of that multifaceted statutory scheme, including its \" substantial compliance '' standard and data processing, staffing, and organizational requirements, do not fit any of the traditional criteria for identifying statutory rights. Although this XXXX does not foreclose the possibility that some Title IV-D provisions give rise to individual rights, the Ninth Circuit did not separate out the particular rights it believed arise from the statutory scheme, the complaint is less than clear in this regard, and it is not certain whether respondents sought any relief more specific than a declaration that their \" rights '' were being violated and an injunction forcing petitioner to \" substantially comply '' with all of Title IV-D 's provisions. This defect is best addressed by sending the case back for the XXXX XXXX to construe the complaint in the first instance, in order to determine exactly what rights, considered in their most concrete, specific form, respondents are asserting. Only by manageably breaking down the XXXX XXXX Code XXXX - Civil action for deprivation of rights Every person who, under XXXX of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial XXXX for an act or omission taken in such officers judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any XXXX of XXXX applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. Credit card Code 15 U.S. Code 1692k - Civil liability Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorneys fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorneys fees reasonable in relation to the work expended and costs. ( b ) Factors considered by court In determining the amount of liability in any action under subsection ( a ), the court shall consider, among other relevant factors ( 1 ) in any individual action under subsection ( a ) ( 2 ) ( A ), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or ( 2 ) in any class action under subsection ( a ) ( 2 ) ( B ), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collectors noncompliance was intentional. ( c ) Intent A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. ( d ) Jurisdiction An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs. ( e ) Advisory opinions of Bureau No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Bureau, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. 15 U.S. Code 1642 - Issuance of credit cards No credit card shall be issued except in response to a request or application therefor. This prohibition does not apply to the issuance of a credit card in renewal of, or in substitution for, an accepted credit card. 15 U.S.C 1692g Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. ( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. ( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ). ( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section. 15 U.S. Code 1681q - Obtaining information under false pretenses U.S. Code Notes prev | next Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both. To who it may concern, After viewing a copy of my credit report, I noticed a collection account placed on my credit report from you in 2023 I am requesting that you allow me to validate the alleged debt. I am unaware of any outstanding medical bills that I possess, and I am seeking the name and hospital/medical provider to which I owe the debt and a detailed breakdown of the fees that I owe. Additionally, I am allowed under the Heath insurance Portability and Accountability Act ( HIPAA ] to protect my privacy and medical records from third parties. I did not give permission to any of my current or prior medical providers to release any of my medical information to a third party. I am aware that the HIPAA does allows the release of limited information about me but anything more is to only be revealed with the patient 's authorization. Therefore, my request is twofold-validation of debt and HIPAA authorization . Please provide breakdown of fees including any collection costs and medical charges. Provide a copy of my signature with the provider of service to release my medical information to you.Cease any credit bureau reporting until the debt has been validated by me, Please send this information to my address listed above and accept this letter, sent certified mail, as my formal debt validation request, which I am allowed under the FDCPA. Please note that withholding the information you received from any medical provider in an attempt to be HIPAA compliant can be a violation of the FDCPA because you will be deceiving me after my written request. I request full documentation of what you received from the provider of service in connection with this alleged debt. Additionally, any reporting of this debt to the credit bureaus prior to allowing me to validate it is a violation of the Fair Credit Reporting Act, which can allow me to seek damages from a collection agency. I will await your reply with above requested proof. Upon receiving it, I will correspond back by certified mail. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate, when in fact there is no provided proof that it is accurate. If your company fails to respond to this validation request within 30 days from the date of your receipt. all references to this account must be deleted and completely removed from my credit report and a copy of such deletion ( to any/all of the XXXX major credit reporting bureaus : XXXX, XXXX and TransUnion ) request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by XXXX. It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose 's 18 U.S. Code 1028A - Aggravated identity theft U.S. Code Notes prev | next ( a ) Offenses. ( 1 ) In general. Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. ( 2 ) Terrorism offense. Whoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.\n\nWithout prejudice UCC 1-308 all rights reserved","date_sent_to_company":"2024-07-18T01:19:12.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"68502","tags":null,"has_narrative":true,"complaint_id":"9536025","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-07-18T01:19:10.000Z","state":"NE","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Credit inquiries on your report that you don't recognize"},"highlight":{"complaint_what_happened":["That court erred in apparently holding that individuals have an enforceable right to \" substantial <em>compliance</em> '' with XXXX XXXX in all respects. The statutory \" substantial <em>compliance</em> '' requirement, see, XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( a ) ( XXXX ) ( XXXX XXXX, Supp."]},"sort":[4.0729303,"9536025"]},{"_index":"complaint-public-v1","_id":"9536024","_score":4.0729303,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I XXXX XXXX XXXX XXXX XXXX Executor XXXX XXXX XXXX XXXX XXXX XXXX United States XXXX XXXX XXXX XXXX XXXX XXXX XXXX have look at my credit report and see that there are inaccurate reports on my account child support dont not report to credit reporters and by lawful cancellation all contracts and remove theses accounts off my credit profile I will like a contract to show that me a living soul that me and them the other party showed in contact where we both agreed upon on all disclosure must be showed its a invalid contract please remove from my credit report it have hinder me from my future benefits. UCC 1-308 without prejudice Please remove these accounts immediately. I Recently viewed my credit report and saw that there is incorrect information on my credit report. In accordance with the Fair Credit Reporting act. These accounts is inaccurate and dont have no contract with me or did not notify me or put me on notice that was going to report these accounts on my credit report. I have the rights to private I will love equity for all the inaccurate accounts on my credit report.The List of accounts below has violated my federally protected consumer rights to privacy and confidentiality under XXXX XXXX XXXX. I HAVE NOTICE THESE NAMES AND ADDRESSES XXXX XXXX XXXX XXXX XXXX XXXX is not my address DO NOT BELONG TO ME CAN YOU PLEASE REMOVE THIS ADDRESS FROM MY INFORMATION ON MY CREDIT REPORT IMMEDIATELY. XXXX XXXX XXXX XXXX I have tried time after times delete this off my credit report immediately this is not acting in good Faith by law XXXX XXXX and Equifax to delete this account immediately yes XXXX have deleted this account so I would like this account to delete immediately. ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Equifax and XXXX XXXX have removed and deleted this child support. I would like for XXXX and Equifax have deleted it and put it back in my credit report by law thats illegal I will like for these accounts to be deleted and remove this account immediately. XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ) XXXX XXXXXXXX XXXX : XXXX, has violated my rights. 15 U.S.C 6802 ( B ) The consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish an account without my written instructions. 15 U.S.C 1681c. ( a ) ( 5 ) Section States : no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. 15 U.S.C 1681 section 623 If a consumer notifies a furnisher, at an address specified by the furnisher for such notices, that specific information is inaccurate, and the information is, in fact, inaccurate, the furnisher must thereafter report the correct information to CRAs. Section 623 ( a ) ( 1 ) ( B ). 15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Also the credit bureaus failed to do a complete a full investigation here is my certified cfpb complaint number. I HAVE TRYING CALLING AND MORE AND HAVE NOT GOT NOT MAIL TO UPDATE ME ON MY credit profile and I dont not want the reporting any thing for me on my credit account I am a living man I can conduct my own business and have the right to privacy bay law UCC I SEE THEY ARE FAILED TO COMPLETE A FULL investigation. You have 4 days to delete this from my account immediately its hurt my credit profile from getting a response please to live and depender automobile to travel XXXX XXXX XXXX is my correct name this is a violation. I want this these account CLOSE WITH MONETARY RELIEF. They had fail to mail or email me a FRA Letter explaining my rights and show me proof of my wet signature.. Please remove these hard inquiries from my account I have not received no funds or service with these companies XXXX XXXX XX/XX/XXXX XXXX XXXX XX/XX/XXXX 15 U.S. Code 1681i - Procedure in case of disputed accuracy ( 5 ) Treatment of inaccurate or unverifiable information ( A ) In general If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation ; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer. 15 U.S. Code 1681q - Obtaining information under false pretenses Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both. 15 U.S. Code 1666b - Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. ( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. 15 U.S. Code 1638 - Transactions other than under an open end credit plan a ) Required disclosures by creditor For each consumer credit transaction other than under an open end credit plan, the creditor shall disclose each of the following items, to the extent applicable : ( 1 ) The identity of the creditor required to make disclosure. ( 2 ) ( A ) The amount financed, using that term, which shall be the amount of credit of which the consumer has actual use. This amount shall be computed as follows, but the computations need not be disclosed and shall not be disclosed with the disclosures conspicuously segregated in accordance with subsection ( b ) ( 1 ) : ( i ) take the principal amount of the loan or the cash price less downpayment and trade-in; ( ii ) add any charges which are not part of the finance charge or of the principal amount of the loan and which are financed by the consumer, including the cost of any items excluded from the finance charge pursuant to section 1605 of this title; and ( iii ) subtract any charges which are part of the finance charge but which will be paid by the consumer before or at the time of the consummation of the transaction, or have been withheld from the proceeds of the credit. ( B ) In conjunction with the disclosure of the amount financed, a creditor shall provide a statement of the consumers right to obtain, upon a written request, a written itemization of the amount financed. The statement shall include spaces for a yes and no indication to be initialed by the consumer to indicate whether the consumer wants a written itemization of the amount financed. Upon receiving an affirmative indication, the creditor shall provide, at the time other disclosures are required to be furnished, a written itemization of the amount financed. For the purposes of this subparagraph, itemization of the amount financed means a disclosure of the following items, to the extent applicable : ( i ) the amount that is or will be paid directly to the consumer ; ( ii ) the amount that is or will be credited to the consumers account to discharge obligations owed to the creditor ; ( iii ) each amount that is or will be paid to third persons by the creditor on the consumers behalf, together with an identification of or reference to the third person; and ( iv ) the total amount of any charges described in the preceding subparagraph ( A ) ( iii ). ( 3 ) The finance charge, not itemized, using that term. ( 4 ) The finance charge expressed as an annual percentage rate, using that term. This shall not be required if the amount financed does not exceed {$75.00} and the finance charge does not exceed {$5.00}, or if the amount financed exceeds {$75.00} and the finance charge does not exceed {$7.00}. ( 5 ) The sum of the amount financed and the finance charge, which shall be termed the total of payments. ( 6 ) The number, amount, and due dates or period of payments scheduled to repay the total of payments. Blessing v. XXXX, XXXX XXXX XXXX ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX No. XXXX. Argued XX/XX/XXXX, XXXX XX/XX/XXXX Respondents, XXXX XXXX mothers whose children are eligible for state child support services under Title IV -D of the Social Security Act, filed this 42 U. S. C. 1983 suit against petitioner, the director of the state child support agency, claiming, among other things, that they properly applied for child support services ; that, despite their good faith efforts to cooperate, the agency never took adequate steps to obtain child support payments for them ; that these omissions were largely attributable to staff shortages and other structural defects in the State 's program ; and that these systemic failures violated their individual rights under Title IV-D to have all mandated services delivered in substantial compliance with the title and its implementing regulations. They requested broad relief, including a declaratory judgment that the Arizona program 's operation violates Title IV -D provisions creating rights in them that are enforceable through a XXXX action, and an injunction requiring the XXXX to achieve substantial compliance with Title IV-D throughout all programmatic operations. The XXXX XXXX granted summary judgment for petitioner, but the XXXX XXXX reversed. Without distinguishing among the numerous provisions of the complex Title IV-D program or the many rights those provisions might have created, the latter court held that respondents had an enforceable individual right to have the State achieve \" substantial compliance '' with Title IV-D. It also disagreed with the District Court 's conclusion that Congress had foreclosed private Title IV-D enforcement actions by authorizing the Secretary of Health and Human Services ( Secretary ) to audit and cut off funds to States whose programs do not substantially comply with Title IV-D 's requirements Held : Title IV-D does not give individuals a federal right to force a state agency to substantially comply with Title IV-D. XXXX. ( a ) A plaintiff seeking XXXX redress must assert the violation of a federal right, not merely of federal law. XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX XXXX, XXXX. Three principal factors determine whether a statutory provision creates a privately enforceable right : ( 1 ) whether the plaintiff is an intended beneficiary of the statute ; ( 2 ) whether the plaintiff 's asserted interests are not so vague and amor- XXXX XXXX XXXX as to be beyond the competence of the judiciary to enforce ; and ( 3 ) whether the statute imposes a binding obligation on the State. See, e. g., XXXX XXXX XXXX XXXXXXXX XXXX, XXXX XXXX XXXX XXXX, XXXX. Even if a plaintiff demonstrates such a right, however, there is only a rebuttable presumption that it is enforceable under XXXX. Dismissal is proper if XXXX specifically foreclosed a XXXX remedy, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX, XXXX XXXX, XXXX, either expressly, by forbidding recourse to XXXX in the statute itself, or impliedly, by creating a comprehensive enforcement scheme that is incompatible with individual XXXX enforcement, XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX pp. XXXX. ( b ) Respondents have not established that XXXX XXXX gives them individually enforceable federal rights. In prior cases, the XXXX has been able to determine whether or not a statute created such rights because the plaintiffs articulated, and lower courts evaluated, welldefined claims. See, XXXX XXXX, XXXX XXXX XXXX XXXX and XXXX XXXX, XXXX XXXX XXXX XXXX, XXXX. Here, respondents have not identified with particularity the rights they claim, and the XXXX XXXX has not engaged in the requisite methodical inquiry. That court erred in apparently holding that individuals have an enforceable right to \" substantial compliance '' with XXXX XXXX in all respects. The statutory \" substantial compliance '' requirement, see, XXXX XXXX, XXXX XXXX XXXX XXXX XXXX ( a ) ( XXXX ) ( XXXX XXXX, Supp. XXXX ), does not give rise to individual rights ; it was not intended to benefit individual children and custodial parents, but is simply a yardstick for the XXXX to measure the systemwide performance of a XXXX 's XXXX XXXX program, allowing her to increase the frequency of audits and reduce the XXXX 's federal XXXX upon a finding of substantial noncompliance. The XXXX XXXX XXXX also erred in taking a blanket approach to determining whether XXXX XXXX creates rights : It is readily apparent that many of the provisions of that multifaceted statutory scheme, including its \" substantial compliance '' standard and data processing, staffing, and organizational requirements, do not fit any of the traditional criteria for identifying statutory rights. Although this XXXX does not foreclose the possibility that some Title IV-D provisions give rise to individual rights, the Ninth Circuit XXXX not separate out the particular rights it believed arise from the statutory scheme, the complaint is less than clear in this regard, and it is not certain whether respondents sought any relief more specific than a declaration that their \" rights '' were being violated and an injunction forcing petitioner to \" substantially comply '' with all of Title IV-D 's provisions. This defect is best addressed by sending the case back for the XXXX XXXX to construe the complaint in the first instance, in order to determine exactly what rights, considered in their most concrete, specific form, respondents are asserting. Only by manageably breaking down the XXXX XXXX Code XXXX - Civil action for deprivation of rights Every person who, under XXXX of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial XXXX for an act or omission taken in such officers judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia. Credit card Code 15 U.S. Code 1692k - Civil liability Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorneys fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorneys fees reasonable in relation to the work expended and costs. ( b ) Factors considered by court In determining the amount of liability in any action under subsection ( a ), the court shall consider, among other relevant factors ( 1 ) in any individual action under subsection ( a ) ( 2 ) ( A ), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or ( 2 ) in any class action under subsection ( a ) ( 2 ) ( B ), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collectors noncompliance was intentional. ( c ) Intent A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. ( d ) Jurisdiction An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs. ( e ) Advisory opinions of Bureau No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Bureau, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. 15 U.S. Code 1642 - Issuance of credit cards No credit card shall be issued except in response to a request or application therefor. This prohibition does not apply to the issuance of a credit card in renewal of, or in substitution for, an accepted credit card. 15 U.S.C 1692g Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. ( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. ( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ). ( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section. 15 U.S. Code 1681q - Obtaining information under false pretenses U.S. Code Notes prev | next Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, imprisoned for not more than 2 years, or both. To who it may concern, After viewing a copy of my credit report, I noticed a collection account placed on my credit report from you in XXXX I am requesting that you allow me to validate the alleged debt. I am unaware of any outstanding medical bills that I possess, and I am seeking the name and hospital/medical provider to which I owe the debt and a detailed breakdown of the fees that I owe. Additionally, I am allowed under the Heath insurance Portability and Accountability Act ( HIPAA ] to protect my privacy and medical records from third parties. I did not give permission to any of my current or prior medical providers to release any of my medical information to a third party. I am aware that the HIPAA does allows the release of limited information about me but anything more is to only be revealed with the patient 's authorization. Therefore, my request is twofold-validation of debt and HIPAA authorization . Please provide breakdown of fees including any collection costs and medical charges. Provide a copy of my signature with the provider of service to release my medical information to you.Cease any credit bureau reporting until the debt has been validated by me, Please send this information to my address listed above and accept this letter, sent certified mail, as my formal debt validation request, which I am allowed under the FDCPA. Please note that withholding the information you received from any medical provider in an attempt to be HIPAA compliant can be a violation of the FDCPA because you will be deceiving me after my written request. I request full documentation of what you received from the provider of service in connection with this alleged debt. Additionally, any reporting of this debt to the credit bureaus prior to allowing me to validate it is a violation of the Fair Credit Reporting Act, which can allow me to seek damages from a collection agency. I will await your reply with above requested proof. Upon receiving it, I will correspond back by certified mail. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate, when in fact there is no provided proof that it is accurate. If your company fails to respond to this validation request within 30 days from the date of your receipt. all references to this account must be deleted and completely removed from my credit report and a copy of such deletion ( to any/all of the XXXX major credit reporting bureaus : Equifax, XXXX and XXXX ) request shall be sent to me immediately. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by XXXX. It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose 's 18 U.S. Code 1028A - Aggravated identity theft U.S. Code Notes prev | next ( a ) Offenses. ( 1 ) In general. Whoever, during and in relation to any felony violation enumerated in subsection ( c ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years. ( 2 ) Terrorism offense. Whoever, during and in relation to any felony violation enumerated in section 2332b ( g ) ( 5 ) ( B ), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.\n\nWithout prejudice UCC 1-308 all rights reserved","date_sent_to_company":"2024-07-18T01:19:12.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"68502","tags":null,"has_narrative":true,"complaint_id":"9536024","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-07-18T01:19:10.000Z","state":"NE","company_public_response":null,"sub_issue":"Credit inquiries on your report that you don't recognize"},"highlight":{"complaint_what_happened":["That court erred in apparently holding that individuals have an enforceable right to \" substantial <em>compliance</em> '' with XXXX XXXX in all respects. 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