{"took":310,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":7,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"3292005","_score":24.220009,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"FOLLOW-UP XX/XX/2019 ; XX/XX/19 Current : XXXX XXXX XXXX XXXX. XXXX, Mo XXXX Cell XXXX Case # XXXX ( MDOS ) Seasonal : XXXX XXXX XXXX. XXXX, MI XXXX XXXX XXXX XXXX Regulation Agent/Investigator Office of Investigative Services Michigan Department of State ( MDOS ) XXXX XXXX. XXXX, XXXX XXXX. MI, XXXX Cell : XXXX Fax : XXXX XXXX Office of the Attorney General Consumer Protection Division XXXX XXXX  XXXX XXXX, MI XXXX XXXX XXXX XXXX ID # XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, MI XXXX Chase Dispute Services Customer Service, XXXX. XXXX XXXX, XXXX, DE XXXX-XXXX. \nDear Sirs, This is a follow up letter regarding XXXX XXXX  and my complaint. There are two addresses given by this company which adds to their further attempt at deceiving consumers. \nChase Bank was originally with holding funds but did finally release the money. Therefore, no resolution was given to me. Once again, I am reaching out to you for justice. Chase released the payment to this company despite my protest. \nPlease do the legal and right thing by denying this payment to this crooked company. \n\nXXXX  XXXX Owner/ Manager ( Undisclosed by Employees ) XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( Address on Receipt ) XXXX XXXX. XXXX XXXX XXXX XXXX , Michigan XXXX XXXX XXXX XXXX XXXX. ( Web Address ) XXXX XXXX XXXX, Michigan XXXX Re : Invoice No. XXXX ( Previous Attachment ) Please reopen case if closed. \nThere has been no resolution in this case and the company has refused to return any funds I want the dispute in this matter to continue, with court appearances if required. \n\nSee attached letter regarding the investigation by XXXX XXXX, Regulation Agent/Investigator Office of Investigative Services, Michigan Department of State ( MDOS ) XXXX XXXX. XXXX, XXXX XXXX. MI, XXXX Sincerely, XXXX XXXX XX/XX/2019 Case Number : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MI XXXX RE : Your Complaint Against XXXX  XXXX XXXX Dear XXXX XXXX, The Michigan Department of State, Regulatory Monitoring Division has completed its investigation of your complaint against XXXX  XXXX XXXX. The results of the investigation indicate that the Repair Facility violated the Motor Vehicle Service and Repair Act and accordingly, appropriate Notices of Non-Compliance have been issued. \n\n\n\nAn investigative report and supporting documents will be forwarded to the Business Compliance and Regulation Division for consideration of administrative action against the licensee. You may obtain a copy of the investigative report and supporting documents under the Freedom of Information Act ( FOIA ). You can request documents under FOIA using one of the following methods : E-mail : XXXX USPS Mailing Address : Michigan Department of State Attn : FOIA Coordinator XXXX XXXX  XXXX XXXX, MI XXXX Additional information regarding the Departments Freedom of Information Act process can be viewed at XXXX : XXXX -- XXXX -- XXXX. Please include your name, phone number, mailing address, and the above referenced case number in your correspondence. Please allow 15 business days from the date of this letter before submitting your request to ensure that documents are available for processing. As allowed by the Freedom of Information Act, a fee will be charged for labor, copying, and mailing costs incurred to process your FOIA request. \n\nIf you have questions regarding your complaint, please call ( XXXX XXXX XXXX. \n\nSincerely, XXXX XXXX, Investigator Regulatory Monitoring Division Michigan Department of State","date_sent_to_company":"2019-06-30T20:23:07.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"General-purpose credit card or charge card","zip_code":"631XX","tags":"Older American","has_narrative":true,"complaint_id":"3292005","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2019-06-30T19:44:30.000Z","state":"MO","company_public_response":null,"sub_issue":"Credit card company isn't resolving a dispute about a purchase on your statement"},"highlight":{"complaint_what_happened":["The results of the investigation indicate that the Repair Facility violated the Motor Vehicle Service and Repair Act and accordingly, appropriate Notices of Non-<em>Compliance</em> have been issued. \n\n\n\nAn investigative report and supporting documents will be forwarded to the Business <em>Compliance</em> and <em>Regulation</em> <em>Division</em> for <em>consideration</em> of <em>administrative</em> <em>action</em> <em>against</em> the licensee. You may obtain a copy of the investigative report and supporting documents under the Freedom of Information Act ( FOIA )."]},"sort":[24.220009,"3292005"]},{"_index":"complaint-public-v1","_id":"21467736","_score":12.134821,"_source":{"product":"Checking or savings account","complaint_what_happened":"Prior PNC Reference Numbers : XXXX, XXXX Prior CFPB Case Number : XXXX Prior XXXX Case Number : XXXX Business Checking Account Ending In : XXXX This complaint is a continuation and escalation of the above-referenced matters. \nXXXX. Nature of This Complaint This complaint addresses PNC Banks formal written response dated XX/XX/XXXX, signed by XXXX XXXX, XXXX Client Relations, which was submitted to both the CFPB and XXXX. This response was materially deficient, factually misleading, and failed to address the specific federal violations raised in the original complaints. Additionally, PNCs handling of this matter from start to finish reveals a pattern of discriminatory treatment, complaint suppression, XXXX accommodation failures, and bad-faith investigation practices. \nXXXX. Misrepresentation of Requested Resolution PNCs XX/XX/XXXX response states : You are requesting for this matter to be reviewed, including the behavior of the employees and consideration for compensation. PNC then states it respectfully declines your request for compensation. \nThis is a material misrepresentation of my requested resolution. At no point during this dispute did I request monetary compensation. My requested resolution was clearly and repeatedly stated in writing across multiple emails to XXXX XXXX XXXX the assigned XXXX Client Relations XXXX Sr : XX/XX/XXXX : Really XXXX fully written apologies explaining how wrong they were for mistreating me and admitting they were wrong. That they were at fault and specifically saying how they were wrong and how they will not do it again. \nXX/XX/XXXX : All they have to do is write me an apology letter. Everyone who was involved. \nXX/XX/XXXX : I got the response and not requesting compensation. All I want is apology letters. \nXX/XX/XXXX : Simply want apology letters because I did nothing wrong. \nPNCs XXXX Client Relations XXXX acknowledged receipt of my resolution request on XX/XX/XXXX, stating : I also acknowledge receiving the resolution you expressed in both complaints. Despite this acknowledgment, PNC fabricated a compensation request in its formal regulatory response and declined a request I never made. This constitutes a deceptive act under UDAAP ( Unfair, Deceptive, or Abusive Acts or Practices ) as PNC misrepresented the consumers stated resolution in a formal document submitted to federal regulators. \nViolation : UDAAP Deceptive Acts or Practices. Misrepresenting the nature of a consumers complaint and desired resolution in a formal regulatory response is deceptive conduct. This misrepresentation was material because it allowed PNC to deny relief the consumer never requested, while ignoring the relief actually sought. \nXXXX. Complaint Suppression Abusive Act Under XXXX During the incident at XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX, XXXX, AZ XXXX ), banker XXXX XXXX limited my ability to submit a formal complaint. Specifically, XXXX XXXX informed me that my complaint could only be XXXX sentences long. This is a form of complaint suppression. \nThe OCCs Comptrollers XXXX on XXXX explicitly identifies consumer complaints as essential tools for identifying potential violations. The XXXX states that an effective customer complaint resolution process requires banks to analyze complaint data and detect and remediate concerns. Artificially restricting the length of a complaint frustrates this process and constitutes an abusive act under XXXX by interfering with the consumers ability to protect their own interests. \nPNCs XX/XX/XXXX formal response completely ignored this allegation. There was no mention of the complaint suppression, no finding, no remediation, and no acknowledgment that limiting a consumers complaint to XXXX sentences is a policy or practice that exists at PNC. \nViolation : XXXX XXXX Acts or Practices. Restricting a consumers right to file a complete grievance takes unreasonable advantage of the consumers inability to protect their own interests. This is precisely the type of conduct that the XXXX Acts abusive prong was designed to address. \nXXXX. Failure to Address Discrimination Allegations My original complaints explicitly raised concerns about discriminatory treatment based on my XXXX American ethnicity. Specifically, I stated that I am XXXX American and that I believed the treatment I received was motivated by discrimination. I cited the XXXX Rights XXXX of XXXX ( XXXX XXXX. XXXX ) and the Equal Credit Opportunity Act ( ECOA ) Regulation B ( XXXX CFR Part XXXX ). \nXXXX XX/XX/XXXX response does not contain the words race, ethnicity, discrimination, XXXX, XXXX, Section 1981, ECOA, or Regulation B. PNC completely ignored a federal civil rights allegation in its formal regulatory response. This is not an oversight it is a deliberate omission designed to avoid accountability for potential discriminatory conduct.\n\nUnder Section 1981, all persons within the jurisdiction of the United States have the same right to make and enforce contracts as is enjoyed by white citizens. A banking relationship is a contractual relationship. Being refused\nservice, interrogated, and having my wire transfer delayed at two separate branches while being a legitimate account holder with documented invoices and earned funds constitutes interference with my right to make and enforce my banking contract.\n\nUnder ECOA and Regulation B, it is unlawful to discriminate against an applicant or account holder on the basis of race or national origin in any aspect of a credit transaction. This extends to account servicing, which includes wire transfers and complaint handling.\n\nViolations : 42 U.S.C. 1981 ( Civil Rights Act of 1866 ) Discriminatory interference with the right to make and enforce contracts. Equal Credit Opportunity Act ( 15 U.S.C. 1691 ) / Regulation B ( 12 CFR Part 1002 ) Discrimination in account servicing based on national origin/ethnicity.\n\n5. Failure to Address Regulatory Violations Cited My original complaints raised specific federal regulatory violations including UDAAP, Regulation E ( Electronic Fund Transfers ), Section 1981, ECOA/Regulation B, and ADA accommodation requirements. PNCs formal response addressed none of these by name. A competent investigation of a consumer complaint alleging specific federal violations requires, at minimum, an acknowledgment of the allegations and a finding as to each. PNCs failure to address any of the cited violations suggests that no substantive investigation was conducted.\n\nRegulation E Violation : The branch manager at the XXXX XXXX effectively delayed and obstructed my ability to complete an electronic fund transfer ( wire transfer ) from my own business checking account. There was no legitimate fraud concern I was an authenticated account holder with supporting invoices for the transaction. The managers interrogation and delay of my wire transfer was arbitrary and constitutes interference with my right to access and transfer my own funds under Regulation E.\n\n6. ADA Accommodation Failure On XX/XX/XXXX, I informed XXXX  XXXX XXXX  that I have a XXXX that makes it difficult to communicate by phone and requested that all communication be conducted in writing. I stated : I am a XXXX that makes it hard to speak over the phone. I request that everything be done in writing or I will submit a complaint for failure to comply with XXXX laws. \nWhile XXXX XXXX acknowledged this request on XX/XX/XXXX, PNCs formal XX/XX/XXXX response contains no acknowledgment of the XXXX accommodation request and concludes with : please feel free to contact me directly at XXXX. This is a phone number. After being informed of a disability-related communication barrier, PNCs formal response defaults to phone contact as the primary communication channel. This demonstrates a failure to incorporate the accommodation into PNCs formal processes and potentially violates Title III of the Americans with Disabilities Act ( 42 U.S.C. 12182 ), which requires public accommodations ( including banks ) to provide reasonable modifications to their policies, practices, and procedures to accommodate individuals with disabilities.\n\nViolation : Americans with Disabilities Act, Title III ( 42 U.S.C. 12182 ) Failure to provide reasonable accommodation for disability-related communication needs.\n\n7. Bad-Faith Investigation and Response PNCs response demonstrates a pattern of bad-faith handling throughout this matter : a ) Delayed Response : PNC took from XX/XX/XXXX to XX/XX/XXXX ( 31 days ) to issue a one-page response that addressed none of the specific allegations. \nb ) Misrepresented Resolution : PNC fabricated a compensation request and denied it, while ignoring the actual request for written apology letters.\n\nc ) Hidden Behind Privacy : PNC stated that privacy considerations limit our ability to share confidential or proprietary information regarding employee actions. I did not request internal HR files. I requested written apologies from the individuals involved. These are fundamentally different requests, and PNC conflated them to avoid compliance. \nd ) No Specific Findings : PNCs response contains no findings of fact, no determination as to whether any employee violated PNC policy, and no indication of what appropriate action was taken or will be taken. \nXXXX ) Ignored All Cited Violations : Not a single federal regulation or statute cited in my complaint was addressed in PNCs response.\n\n8. Summary of Violations 1. UDAAP Deceptive Acts : Misrepresenting consumers desired resolution in formal regulatory response.\n\n2. UDAAP Abusive Acts : Complaint suppression by limiting complaint to 23 sentences, interfering with consumers ability to protect their own interests.\n\n3. 42 U.S.C. 1981 : Discriminatory interference with the right to make and enforce contracts ( banking relationship ) based on XXXX American ethnicity. \nXXXX. XXXX/ Regulation B : Discrimination in account servicing based on national origin/ethnicity. \nXXXX. Regulation XXXX : Arbitrary obstruction and delay of an authorized electronic fund transfer. \nXXXX. XXXX Title XXXX : Failure to honor XXXX accommodation request for written communication. \nXXXX. Bad-Faith Response : Formal response failed to address any cited violation, fabricated the consumers resolution request, and provided no findings of fact.\n\n9. Requested Resolution My resolution request remains unchanged. I am requesting the following : 1. Written apology letters from each PNC employee involved in the incidents at the XXXX XXXX XXXX XXXX and the XXXX XXXX XXXX XXXX, specifically acknowledging their individual conduct and how it was wrong. \nXXXX. A corrected formal response from PNC that accurately reflects my stated resolution ( apology letters, not compensation ) and addresses each federal violation cited. \nXXXX. Written confirmation from PNC that a genuine investigation was conducted, including findings of fact regarding each allegation. \nXXXX. All future communication to be conducted in writing as a reasonable accommodation under the XXXX. \nXXXX. Additional Regulatory Filings In addition to this CFPB complaint, I am filing or have filed complaints with the following agencies regarding the same conduct : the Office of the Comptroller of the Currency ( OCC ), the Arizona Attorney Generals Office, and I reserve the right to file complaints with the U.S. Department of Justice Civil Rights Division ( for ADA and Section 1981 violations ), the U.S. Department of Housing and Urban Development ( for ECOA violations ), and to pursue a private right of action under 42 U.S.C. 1981 in federal court if PNC continues to refuse to address the discriminatory treatment.\n\nUnder Section 1981, there is no requirement to file an EEOC charge or exhaust administrative remedies before pursuing a federal lawsuit. The statute of limitations is four ( 4 ) years. No cap on compensatory or punitive damages exists under Section 1981.","date_sent_to_company":"2026-04-22T01:53:07.000Z","issue":"Managing an account","sub_product":"Checking account","zip_code":"85226","tags":null,"has_narrative":true,"complaint_id":"21467736","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"PNC Bank N.A.","date_received":"2026-04-22T01:50:24.000Z","state":"AZ","company_public_response":null,"sub_issue":"Deposits and withdrawals"},"highlight":{"complaint_what_happened":["c ) Hidden Behind Privacy : PNC stated that privacy <em>considerations</em> limit our ability to share confidential or proprietary information regarding employee <em>actions</em>. I did not request internal HR files. I requested written apologies from the individuals involved. These are fundamentally different requests, and PNC conflated them to avoid <em>compliance</em>."]},"sort":[12.134821,"21467736"]},{"_index":"complaint-public-v1","_id":"6900609","_score":6.8165264,"_source":{"product":"Mortgage","complaint_what_happened":"The basis of this compliant is Wells Fargos Failure to provide a Mortgage Modification per CPLR 3408, after Wells Fargo submitted a Net Present Value ( NPV ) document to my attorney showing my monthly income qualifies for a HAMP modification at 30 % of my monthly income. In Wells Fargos denial in XX/XX/XXXX, calculations came up with 42 % due to a Software Error and I got Unjustly denied. Next, after a 2nd Modification submitted showing an increase of an average of over {$2000.00} in monthly income Wells Fargo again denied in XXXX XXXX saying monthly income was still at 42 %? In addition to that, now that I have an increase of income Wells Fargo now States Investor does not participate 9 10 months later after my 2nd modification application submitted. This puts Wells Fargo in many violations of HAMP and shows they did not negotiate in good faith under CPLR 3408 ( f ). Wells Fargo continued the modification process even after the excuse of Investor does not participate for a Traditional inhouse Modification and strangely got denied again in XXXX XXXX based on again the 42 % denial. Again, this shows Wells Fargo did not negotiate in good faith under CPLR 3408 ( f ). \n\nThis complaint herein is following up my XX/XX/XXXX complaint with Wells Fargos XX/XX/XXXX answer. On XX/XX/XXXX & XX/XX/XXXX, I spoke to XXXX XXXX of Wells Fargos Executive Process about my issues. Wells Fargo had me participate in the CPLR 3408 Mandatory Settlement Conference from XX/XX/XXXX XX/XX/XXXX. I submitted my 1st modification documents by XX/XX/XXXX. Wells Fargo Responded in XX/XX/XXXX that my modification was denied due to, your modified payment amount would be more than 42 % of your monthly income. My Attorney argued that their numbers were incorrect that my monthly income was 30 % and within HAMP guidelines and asked Wells Fargo to recalculate, but was denied again for the same reason. Denied due to Wells Fargos Software Error. \n\nWells Fargos contention of my complaint is 1 ) Your HAMP denial was due to your modified payment amount would be more than 42 % of your monthly income. Using Wells Fargo NPV Document, they sent to my Attorney ( attached to this complaint ) proves my monthly income is 30 % of my modified payment and qualifies under HAMP. Wells Fargo using 42 % when it is actually 30 % shows Wells Fargo Software Error in calculations. On XX/XX/XXXX and XX/XX/XXXX I asked XXXX XXXX of Wells Fargos Executive Process, for the document they used showing how they came about the 42 % but they did not provide any in their XX/XX/XXXX XXXX denial letter to me. 2 ) your investor did not participate in HAMP, yet Wells Fargo has provided no Proof of that. On XX/XX/XXXX I asked XXXX XXXX of Wells Fargos Executive Process, for a copy of the Investors PSA showing any restrictions, but they have not provided one in their XX/XX/XXXX XXXX denial letter to me. HAMP Guidelines - The Servicers should know at the time of the identification of potential candidates for the HAMP programs the eligibility qualification of the candidates based upon the servicing agreement between the Servicer and the Investor, pursuant to the Pooling and Servicing Agreement ( PSA ). This is also a mandate of the Making Homes Affordable Program, Handbook for Servicers of Non-GSE Mortgages. Wells Fargo States 3 ) Wells Fargo is not able to provide a program or assistance option your investor does not participate in. Under Section 1.3 HAMP Guidelines Wells Fargo in writing MUST request from the Investor a Waiver of the Restrictions. On XX/XX/XXXX I requested from Wells Fargo a copy of the written request to the Investor for a waiver but they failed to provide one in their XX/XX/XXXX XXXX  denial letter to me. \n\nOn XX/XX/XXXX Wells Fargos answer to my complaint filed XX/XX/XXXX stating, The proposed HAMP modification payment was used only as reference for the HAMP program and was not an offer. I never claimed it was an offer, It was a Proposed HAMP Modification. Wells Fargo submitted to my attorney Proposed HAMP Modification in their Net Present Value ( NPV ) Document ( attached here to this complaint ) around XXXX XXXX. The Proposed HAMP Modification is 43 lines of different inputs all relating to me. Wells Fargo sent a proposed modification Clearly shows it was being used for modification purposes. If this document was not an actual proposed modification, what was Wells Fargo using to come up with Your HAMP denial was due to your MODIFIED PAYMENT AMOUNT would be more than 42 % of your monthly income? For Wells Fargo to State this was only a Proposed HAMP modification and not an offer is Disingenuous in that under the HAMP Guidelines it uses the NPV to determine if a proposed mortgage qualifies. Per HAMP Guidlines - In HAMP, value-enhancing modifications are identified using the Net Present Value ( NPV ) model. The NPV Model compares the expected discounted cash flows associated with the modification of a loan. The Proposed Modification, HAMP uses the Net Present Value ( NPV ) Document Wells Fargo provided to me. \n\nUsing numbers Wells Fargo Provided to me in a Proposed HAMP Modification Wells Fargo had my Monthly income at {$6800.00}, a proposed modification of Principal and interest of {$1300.00}, monthly taxes {$640.00} and Hazzard Insurance of {$130.00}. Using Wells Fargos Proposed HAMP Modification in their Net Present Value Document the monthly mortgage total ( mtg +Taxes + Ins ) = {$2100.00} divided by Wells Fargos provided monthly income {$6800.00} = 30 % modified payment not Wells Fargos claimed 42 %. My monthly income was 30 % well within the HAMP Guidelines. \nI submitted my second Modification request in XX/XX/XXXX where my income substantially increased adding about {$2000.00} to my monthly income average. This time in XX/XX/XXXX Wells Fargo Denied me based on your investor did not participate in HAMP. I have documentation of Wells Fargos Attorney who Wells Fargo list as Mediation Counsel through Wells Fargo, specifically requested investor to reconsider their HAMP denial but was denied again. Wells Fargos own Mediation Counsel believed I qualified.\n\nWells Fargo had me participate in the Mandatory Settlement Conference from XX/XX/XXXX XX/XX/XXXX when their investor did not participate in HAMP? Wells Fargo became the servicer of the Investor in XX/XX/XXXX, yet for over 2 years they did not know their investor participated in HAMP?\n\nHAMP Guidelines - 1.3 Investor Solicitation - Within 90 days of executing a SPA, the servicer MUST review all servicing agreements to determine investor participation in HAMP.\n\nAccording to Section 1.3 of HAMP Wells Fargo became the Investors Servicer in XX/XX/XXXX so they should had determined the Investors participation by XX/XX/XXXX over 2 years Prior to my CPLR 3408 Modification. Also, the Servicer as a MANDATE potential candidates for the XXXX programs the eligibility qualification of the candidates based upon the servicing agreement between the Servicer and the Investor pursuant to the Pooling and Servicing Agreement ( PSA ). Here Wells Fargo Failing to abided by HAMP statues and Mandates. \n\nAccordin\n\ng to HAMP guidelines The Servicers should know at the time of the identification of potential candidates for the HAMP programs the eligibility qualification of the candidates based upon the servicing agreement between the Servicer and the Investor, pursuant to the Pooling and Servicing Agreement ( PSA ). THIS IS ALSO A MANDATE of the Making Homes Affordable Program, Handbook for Servicers of Non-GSE Mortgages. According to HAMP guidelines Failing to provide a waiver of the investors restrictions demonstrates a failure to follow the HAMP guidelines which constitute a failure to negotiate in Good Faith pursuant to CPLR 3408 ( f ).\n\nPer HAMP Guidelines Within 30 days of identifying an investor as a nonparticipant, or as unwilling to extend its participation in MHA to include any extension or expansion of an MHA program, or identifying a servicing agreement that limits or prohibits a servicer from offering any assistance available under MHA, including HAMP Tier 2 modifications ( i.e., prohibition against modification of non-owner occupied mortgages or limits on multiple modification of the same mortgage ), the servicer Must contact the investor in writing at least once, encouraging the investor to permit modifications and other assistance available under the extended and expanded MHA programs. Servicers, within 120 days of signing the PSA, must create and maintain in their records an Investor Participation List containing the following information : ( 2 ) a list of those investors who do not participate in HAMP. \n\nIn Wells Fargos answer here on XX/XX/XXXX to my XX/XX/XXXX complaint, states ; Wells Fargo is not able to provide a program or assistance option your investor does not participate in. Then Why did Wells Fargo have me for 15 months, wasting money paying attorneys during this time period, have me submit 3 modifications? Why not after the first modification denial XX/XX/XXXX, Wells Fargo did not notify me of investors participation but incorrectly deny me based on my income was 42 % and not in HAMP guidelines? When actually proven in Wells Fargos NPV Document attached to this complaint, shows Im at 30 % and Within HAMP Guidelines. Due to Wells Fargos Software Error, they incorrectly denied me. Why when I submitted my 2nd Modification where I show over {$2000.00} a month average increase in my income did Wells Fargo deny me in XX/XX/XXXX based on Investors participation? Wells Fargo states here, Wells Fargo is not able to provide a program or assistance option your investor does not participate in, why after my denial in XXXX XXXX that investor does not participate did Wells Fargo continue to have me reapply for a Modification? Wells Fargo had me apply for a Traditional in House modification in XX/XX/XXXX and getting denied again in XX/XX/XXXX due to your modified payment amount would be more than 42 % of your monthly income. If Wells Fargo, Wells Fargo is not able to provide a program or assistance option your investor does not participate in, why did Wells Fargo continue this charade? \n\nAll Wells Fargo accomplished in the CPLR 3408 from XX/XX/XXXX XX/XX/XXXX and after I got the Investors Denial of not participating in HAMP, not after my first submitted modification but after my second submitted modification is run up in principal and interest, fees and attorney cost into the total owed in the mortgage making it impossible to seek outside modification. Wells Fargo actually after the XX/XX/XXXX denial continued a Traditional inhouse Modification and was denied in about XX/XX/XXXX for the same reason Your HAMP denial was due to your modified payment amount would be more than 42 % of your monthly income. Why did Wells Fargo continue the HAMP modifications with me after the investor said they did not participate? 15 months of principal and interest, fees, attorney fees being added to my Mortgage Balance making it impossible for me to seek outside modification. In addition to me paying my attorney their fees for about 15 months. Wells Fargo did not follow HAMP Guidelines, Wells Fargo miscalculated my monthly income ratio per HAMP Guidelines due to a Software error. Wells Fargo Failed to Negotiate in Good Faith per CPLR 3408 ( f ). \nIn my conversation on XX/XX/XXXX with XXXX XXXX of Wells Fargos Executive Process after she tried to justify the Denial based on the Investors Guidelines. I asked her if Wells Fargo asked the Investor for a waiver but she did not know. As I mentioned above the servicer Must contact the investor in writing at least once, encouraging the investor to permit modifications and other assistance available under the extended and expanded MHA programs Per HAMP Guidelines 1.3. \n\nAppellate XXXX XXXX XXXX NY XXXX XXXX XXXX v XXXX XX/XX/XXXX Among other things, a failure \" [ to follow ] HAMP regulations and guidelines... constitutes a failure to negotiate in good faith pursuant to CPLR 3408 ( f ) '' ( see U.S. Bank N.A. v Smith, 123 AD3d at 917 ; cf. HSBC Bank USA, N.A. v Sadeque-Iqbal , 177 AD3d 598, 600 ). \nI requested from XXXX XXXX of Wells Fargos Executive Process Under HAMP if denied a modification, I can Request a copy of the Waiver of investors restrictions that should be in the loan file. I also requested a Copy of the PSA ( Pooling and Servicing Agreements ) under RESPA for my review of the Investors Restrictions. Not only in my conversation but here also I am requesting the Waiver of investors restrictions that should be in the loan file and a Copy of the PSA ( Pooling and Servicing Agreements ) under RESPA for my review.\n\nAlso, under Section 6.5 of HAMP provides that \" [ i ] f [ a ] servicer is subject to restrictions that make it unfeasible to complete the modification waterfall steps, '' the servicer Must maintain evidence showing \" that the servicer made a reasonable effort to seek a waiver from the investor and whether that waiver was approved or denied '' ( Making Home Affordable Program, Handbook for Servicers of Non-GSE Mortgages, version 4.4, ch 2, 6.5 at 117 [ XX/XX/XXXX ]. Im asking Wells Fargo for a copy of the waiver if Wells Fargo asked the investor to reconsider the restrictions. \nCFPB final rules on mortgage loan servicing on XX/XX/XXXX - New national standards, changes to Regulation Z, Truth in Lending Act, and Regulation X, Real Estate Settlement Procedures Act. \n\nServicing Policies, Procedures and Requirements - Servicers, must establish and maintain policies and procedures- Provide accurate and timely information to borrowers, investors, courts. \nProperly evaluate loss mitigation applications per investor guidelines. \nWells Fargo in Violation of Section 1.3 of the Making Homes Affordable Program either did not comply under this section or unjustly had me apply for Mortgage Modification 2 times ( nearly 1 year ) before informing me of the Investors restrictions. After Wells Fargo notified me of the Investors restrictions in XXXX, Wells Fargo continued to have me apply for a Traditional inhouse modification into XX/XX/XXXX. Wells Fargos actions here for about 15 months added principal, interest, fees and attorney cost to the total owed making it impossible for me to seek outside financing. Also, my cost of paying attorney for 15 months. \n\nI have many Court Cases Where XXXX XXXX has offered modifications and some with Wells Fargo as Servicer. I have through an SEC Filing, XXXX XXXX for HSI Assets that they do offer Modifications. The Trust that XXXX is the Trustee of is the HSI ASSET SECURITIZATION CORP. TRUST XXXX-HE2. The following is from the SEC Filing Pooling and Servicing Agreement dated as of XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX, as Trustee. Reconstituted Servicing Agreement, dated as of XX/XX/XXXX, by Wells Fargo Bank, N.A., as Servicer. XXXX XXXX XXXX XXXX XXXX XXXX - EXHIBIT A to Wells Fargo Bank , N.A . 's XXXX Certification Regarding Compliance With Applicable Servicing Criteria. 2 - Wells Fargo Bank , N.A . ( the \" Servicer '' ) is responsible for assessing its compliance with the servicing criteria applicable to it under paragraph ( d ) of Item XXXX122 of Regulation AB as set forth in Exhibit A hereto in connection with the primary servicing of residential mortgage loans by its Wells Fargo Home Mortgage division 4- The Servicer used the Criteria set forth in paragraph ( d ) of Item 1122 of Regulation AB to assess the compliance with the applicable servicing criteria ; WELLS FARGO BANK , N.A . By : XXXX XXXX XXXX XXXX EXECUTIVE VICE PRESIDENT. SERVICING CRITERIA - General SERVICING CONSIDERATIONS- 1122 ( d ) ( 4 ) ( vii ) Loss mitigation or recovery actions ( e.g., forbearance plans, MODIFICATIONS and deeds in lieu of foreclosure, foreclosures and repossessions, as applicable ) are initiated, conducted and concluded in accordance with the timeframes or other requirements established by the transaction agreements. \n\nSEC Filing by XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX signed by Wells Fargo Executive Vice President XXXX XXXX XXXX stating under Servicing Criteria Loss mitigation or recovery actions modifications. \n\nIt is clear Wells Fargo, 1 ) did not calculate my monthly income CORRECTLY DUE TO A Software Error to the proposed modification ( NVP ) saying it was over 42 % but was 30 % within HAMP Guidelines. 2 ) After I show my income increase by over {$2000.00} per month in XXXX  in my second modification, it now gets denied due to Investor does not participate and Wells Fargo has failed to provided any documentation of this. 3 ) Wells Fargo did not negotiate in good faith by offering me a Modification and taking 2 modification submittals till investor denied and then continued with me for an additional 5-6 months for a modification into XXXX. 4 ) Wells Fargo did not Negotiate in Good Faith by having me go through 15 months on Modification Negotiations even after Investor said did not participate. 5 ) XX/XX/XXXX Submitting my 3rd modification and already showing my income is less than 30 % of HAMP guidelines, Wells Fargo Denied me again saying my income is over 42 %. Wells Fargo Calculation Errors. 6 ) Wells Fargo made it impossible for me to get a modification on the outside market. 7 ) Wells Fargo Failed Section 1.3 of HAMP Within 90 days of executing a PSA, the servicer must review all servicing agreements to determine investor participation in HAMP. 8 ) Wells Fargo failed to ask the Investor for a Waiver per section 6.5 HAMP Guidelines. 9 ) Under HAMP guidelines the servicer Must contact the investor in writing at least once, encouraging the investor to permit modifications. 10 ) Per NY XXXX XXXX Among other things, a failure \" [ to follow ] HAMP regulations and guidelines... constitutes a failure to negotiate in good faith pursuant to CPLR 3408 ( f ) '' Bottom line Requesting from Wells Fargo per HAMP, Wells Fargos requesting the Investor for a Waiver. Also, Requesting per RESPA a copy of Investors PSA showing Investor Restrictions.\n\nWells Fargo Unjustly denied me a Modification under HAMP Guidelines when I qualified at 30 % but in Wells Fargos Calculation Error got over 42 % and Did not Negotiate in Good Faith per CPLR 3408 ( f ). Not until my 2nd modification submitted showing an increase of monthly income of over {$2000.00} a month and probably even dropping Wells Fargos calculation of 42 % into HAMP guidelines did Wells Fargo come up with Investor does not participate in the program. Wells Fargo has never provided any documentation of proving this fact even though I have requested copy of PSA showing Investors restrictions. \n\nIn my Last Complaint and in my phone conversation with XXXX XXXX of Wells Fargos Executive Process on XX/XX/XXXX, I requested Wells Fargo to Produce the Document with the Numbers used where they got my income was 42 % of the Mortgage, but they still have failed to provide any. Bottom line, Wells Fargo Document Net Present Value NPV attached to this complaint showing the proposed HAMP modification showing my monthly income is at 30 % of the proposed mortgage/taxes/ins monthly amount. 30 %, Well Within HAMP Guidelines and there is no Documentation of Wells Fargo Claims of investor does not participate.\n\nSection 1.6 Compliance with Applicable Laws Each servicer and any sub-servicer that the servicer uses will be subject to and must fully comply with all federal, state, and local laws, including statutes, regulations, ordinances, administrative rules and orders that have the effect of law, and judicial rulings.\n\nWells Fargos contention of my complaint is your investor did not participate in HAMP, yet Wells Fargo has provided no Proof of that. \n\nWells Fargo States Wells Fargo is not able to provide a program or assistance option your investor does not participate in. Under Section 1.3 HAMP Guidelines Wells Fargo in writing Must request from the Investor a Waiver of the Restrictions. On XX/XX/XXXX I requested from Wells Fargo a copy of the written request to the Investor for a waiver but they failed to provide one in their XX/XX/XXXXXXXX XXXX  denial letter to me. \nHAMP Guidelines - 1 Servicer Participation in MHA - Section 1.3, participating servicers are required to use reasonable efforts to remove any prohibitions and obtain waivers or approvals from all necessary parties in order to carry out the requirements of the SPA.\n\nIn Violation of HAMP Section 1.3 Wells Fargo has failed to provide any proof they contacted the Investor and request to remove any prohibitions and obtain waivers or approvals. In my conversation on XX/XX/XXXX with XXXX XXXX of Wells Fargos Executive Process I requested a copy of the Waiver they asked the Investor for and on XX/XX/XXXX I received a XXXX mail from Wells Fargo stating the reason for the denial of my complaint on XX/XX/XXXX and they did not provide the Waiver I requested. \n\nHAMP Guidelines - 1.3 Investor Solicitation - Within 90 days of executing a SPA, the servicer MUST review all servicing agreements to determine investor participation in HAMP. Within 30 days of identifying an investor as a nonparticipant, or as unwilling to extend its participation in MHA to include any extension or expansion of an MHA program, or identifying a servicing agreement that limits or prohibits a servicer from offering any assistance available under MHA, including HAMP Tier 2 modifications ( i.e., prohibition against modification of non-owner occupied mortgages or limits on multiple modification of the same mortgage ), THE SERVICER MUST CONTACT THE INVESTOR IN WRITING AT LEAST ONCE, ENCOURAGING THE INVESTOR TO PERMIT MODIFICATIONS and other assistance available under the extended and expanded MHA programs.\n\nIn Two ( 2 ) more Violation of HAMP Section 1.3 Wells Fargo failed to review and Identify the Investor as a participant in HAMP. Wells Fargo failed to contact the Investor in writing encouraging the Investor to permit Modifications. \nSection 2.2 Documentation - Servicers are required to maintain appropriate documentary evidence of their MHA-related activities. Required general documentation applicable to all MHA Programs includes but is not limited to : Evidence of assessment of investor willingness to participate in MHA programs and any specific outreach to investors or attempts to obtain waivers on either a portfolio or loan by loan basis, including copies of any contracts with investors relied upon in denying modifications. This should include, where applicable, documentation relating to specific parameters or limitations on participation required by investors for steps in the waterfall.\n\nAll documents and information related to the servicers consideration of the borrower for other loss mitigation alternatives.\n\n6.5 Prohibitions on Modification Waterfall Steps- If the SERVICER IS SUBJECT TO RESTRICTIONS THAT MAKE IT UNFEASIBLE TO COMPLETE THE MODIFICATION waterfall steps, the SERVICER SHOULD IDENTIFY THIS PRIOR ( PRIOR ) TO PREFORMING THE NPV EVALUATION and NOT PREFORM AN NPV EVALUATION. Servicers must maintain evidence in the loan file documenting the nature of any deviation from taking any sequential modification step in the modification waterfall and the fact that the applicable servicing agreement, investor guideline or law restricted or prohibited fully performing the modification waterfall step. The documentation must show that the servicer made a reasonable effort to seek a waiver from the investor and whether that waiver was approved or denied. \n\nIn Violation of Section 6.5 Prohibitions on Modification, Wells Fargo did provide to me a NPV when its Investor had restrictions. I have asked Wells Fargo on XX/XX/XXXX for a copy of the waiver Wells Fargo asked the Investor for but Wells Fargo has failed to provide one. \n\nSection 7 Net Present Value ( NPV ) Testing - All loans that meet the applicable HAMP eligibility criteria in Section 1 must be evaluated using a standardized NPV test that compares the NPV result for a modification to the NPV result for no modification. \nWells Fargo filled out and presented to my Attorneys my NPV document, showing my monthly income, taxes, insurance, Principal and interest payment of the Proposed HAMP modification, a revised interest rate of 2 % and a mortgage term from 360 months to 480 months. According to HAMP Section 7 loans that meet the applicable HAMP eligibility criteria in Section 1 must be evaluated using a standardized NPV test so Wells Fargo determined that I was eligible for a HAMP Modification and in so determining went to the next step and filled out the NPV document. How can Wells Fargo determine my Qualification or fill out the NPV if the Investor does not Participate? It has already been stated in Section 1.3 that Wells Fargo should had determine investor participation in HAMP.\n\nContinue of Section 7 Whether or not a modification is pursued, the servicer must maintain detailed documentation of the NPV model used, all NPV inputs and assumptions and the NPV results.\n\nAgain, Im asking Wells Fargo for the documents that show how they came up with your modified payment amount would be more than 42 % of your monthly income.\n\nI have the Wells Fargo NPV proving using Wells Fargos numbers that I qualify at 30 % of HAMP.\n\nIm asking Wells Fargo for the documents that show the written request ( per Section 1.3 ) of the investor for a Waiver of the restrictions.\n\nIm asking Wells Fargo for the documents that show the Investors PSA showing the Investors Restrictions.","date_sent_to_company":"2023-04-27T17:37:25.000Z","issue":"Struggling to pay mortgage","sub_product":"Conventional home mortgage","zip_code":"11725","tags":null,"has_narrative":true,"complaint_id":"6900609","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2023-04-27T17:15:14.000Z","state":"NY","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["'s XXXX Certification Regarding <em>Compliance</em> With Applicable Servicing Criteria. 2 - Wells Fargo Bank , N.A . ( the \" Servicer '' ) is responsible for assessing its <em>compliance</em> with the servicing criteria applicable to it under paragraph ( d ) of Item XXXX122 of <em>Regulation</em> AB as set forth in Exhibit A hereto in connection with the primary servicing of residential mortgage loans by its Wells Fargo Home Mortgage <em>division</em> 4- The Servicer used the Criteria set forth in paragraph ( d ) of Item 1122 of <em>Regulation</em>"]},"sort":[6.8165264,"6900609"]},{"_index":"complaint-public-v1","_id":"7940898","_score":6.1095266,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX XXXX is releasing my nonpublic information to the reporting agencies without my expressed written consent. Transunion and XXXX are both financial institutions that make a profit from selling my information. Since this is my financial information I am entitled to the proceeds of this sale. I have asked for the accounting records from XXXX XXXX, Transunion, and XXXX neither have provided the records. Furthermore each financial institution is required to provide me with an opt out notice each month so I have the right to opt out of my nonpublic financial information being shared.\n\n17 CFR 248.124 - Reasonable opportunity to opt out.\n\nCFR prev | next 248.124 Reasonable opportunity to opt out. \n( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ).\n\n( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( 1 ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means.\n\n( 2 ) By electronic means. \n\n( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means.\n\n( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means.\n\n( 3 ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted.\n\n( 4 ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out.\n\n( 5 ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice.\n\nThe purpose of these regulations is to prescribe responsibilities, rules, guidelines, and policies and procedures to implement the Privacy Act of 1974 ( Pub. L. 93579, as amended ; 5 U.S.C. 552a ) to assure that personal information about individuals collected by the United States Section is limited to that which is legally authorized and necessary and is maintained in a manner which precludes unwarranted intrusions upon individual privacy. Further, these regulations establish procedures by which an individual can : ( a ) Determine if the United States Section maintains records or a system of records which includes a record pertaining to the individual and ( b ) gain access to a record pertaining to him or her for the purpose of review, amendment or correction.\n\n1101.2 Definitions.\n\nFor the purpose of these regulations : ( a ) Act means the Privacy Act of 1974.\n\n( b ) Agency is defined to include any executive department, military department, Government corporation, Government controlled corporation or other establishment in the executive branch of the Government ( including the Executive Office of the President, or any independent regulatory agency ) ( 5 U.S.C. 552 ) ).\n\n( c ) Commission means the International Boundary and Water Commission, United States and Mexico.\n\n( d ) Commissioner means head of the United States Section, International Boundary and Water Commission, United States and Mexico.\n\n( e ) Individual means a citizen of the United States or an alien lawfully admitted for permanent residence.\n\n( f ) Maintain includes maintain, collect, use, or disseminate.\n\n( g ) 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.\n\n( h ) Routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it is collected.\n\n( i ) Section means the United States Section, International Boundary and Water Commission, United States and Mexico.\n\n( j ) Statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by 13 U.S.C. 8 ( Census data ).\n\n( k ) System of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.\n\n1101.3 General policy : Collection and use of personal information.\n\n( a ) Heads of Divisions, Branches, and the projects shall ensure that all Section personnel subject to their supervision are advised of the provisions of the Act, including the criminal penalties and civil liabilities provided therein, and that Section personnel are made aware of their responsibilities to protect the security of personal information, to assure its accuracy, relevance, timeliness and completeness, to avoid unauthorized disclosure either orally or in writing, and to ensure that no system of records concerning individuals, no matter how small or specialized, is maintained without public notice.\n\n( b ) Section personnel shall : ( 1 ) Collect no information of a personal nature from individuals unless authorized to collect it to achieve a function or carry out a responsibility or function of the Section.\n\n( 2 ) Collect from individuals only that information which is necessary to Section responsibilities or functions ; ( 3 ) Collect information, wherever possible, directly from the individual to whom it relates ; ( 4 ) Inform individuals from whom information is collected of the authority for collection, the purpose thereof, the uses that will be made of the information, and the effects, both legal and practical, of not furnishing the information ; ( 5 ) Neither collect, maintain, use nor disseminate information concerning an individual 's religious or political beliefs or activities or his membership in associations or organizations, unless ( i ) the individual has volunteered such information for his own benefit ; ( ii ) the information is expressly authorized by statute to be collected, maintained, used or disseminated ; or ( iii ) the activities involved are pertinent to and within the scope of an authorized investigation or adjudication activity ; ( 6 ) Advise an individual 's supervisors of the existence or contemplated development of any system of records which retrieves information about individuals by individual identified ; ( 7 ) Maintain an accounting of all disclosures of information to other than Section personnel ; ( 8 ) Disclose no information concerning individuals to other than Section personnel except when authorized by the Act or pursuant to a routine use published in the Federal Register ; ( 9 ) Maintain and process information concerning individuals with care in order to ensure that no inadvertent disclosure of the information is made to other than Section personnel ; and ( 10 ) Call to the attention of the PA Officer any information in a system maintained by the Section which is not authorized to be maintained under the provisions of the Act, including information on First Amendment activities, information that is inaccurate, irrelevant or so incomplete as to risk unfairness to the individual concerned.\n\n( c ) The system of records maintained by the Section shall be reviewed annually by the PA Officer to ensure compliance with the provisions of the Act.\n\n( d ) Information which may be used in making determinations about an individual 's rights, benefits, and privileges shall, to the greatest extent practicable, be collected directly from that individual. In deciding whether collection of information from an individual, as opposed to a third party source, is practicable, the following criteria, among others, may be considered : ( 1 ) Whether the nature of the information sought is such that it can only be obtained from a third party ; ( 2 ) Whether the cost of collecting the information from the individual is unreasonable when compared with the cost of collecting it from a third party ; ( 3 ) Whether there is a risk that information requested from the third parties, if inaccurate, could result in an adverse determination to the individual concerned; ( 4 ) Whether the information, if supplied by the individual, would have to be verified by a third party; or ( 5 ) Whether provisions can be made for verification by the individual of information collected from third parties.\n\n( e ) Employees whose duties require handling of records subject to the Act shall, at all times, take care to protect the integrity, security and confidentiality of these records.\n\n( f ) No employee of the section may alter or destroy a record subject to the Act unless ( 1 ) such alteration or destruction is properly undertaken in the course of the employee 's regular duties or ( 2 ) such alteration or destruction is required by a decision of the Commissioner or the decision of a court of competent jurisdiction.\n\n1101.4 Reports on new systems of records ; computer matching programs.\n\n( a ) Before establishing any new systems of records, or making any significant change in a system of records, the Section shall provide adequate advance notice to : ( 1 ) The Committee on Government Operations of the House of Representatives ; ( 2 ) The Committee on Governmental Affairs of the Senate ; and ( 3 ) The Office of Management and Budget.\n\n( b ) Before participating in any computerized information matching program, as that term is defined by 5 U.S.C. 552a ( a ) ( 8 ) the Section will comply with the provisions of 5 U.S.C. 552a ( o ), and will provide adequate advance notice as described in 1101.4 ( a ) above.\n\n1101.5 Security, confidentiality and protection of records.\n\n( a ) The Act requires that records subject to the Act be maintained with appropriate administrative, technical and physical safeguards to ensure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience or unfairness to any individual on whom information is maintained.\n\n( b ) When maintained in manual form ( typed, printed, handwritten, etc. ) records shall be maintained, at a minimum, subject to the following safeguards, or safeguards affording comparable protection : ( 1 ) Areas in which the records are maintained or regularly used shall be posted with an appropriate warning stating that access to the records is limited to authorized persons. The warning shall also summarize the requirements of 1101.3 and state that the Act contains a criminal penalty for the unauthorized dislosure of records to which it applies.\n\n( 2 ) During working hours : ( i ) The area in which the records are maintained or regularly used shall be occupied by authorized personnel or ( ii ) access to the records shall be restricted by their storage in locked metal file cabinets or a locked room.\n\n( 3 ) During non-working hours, access to the records shall be restricted by their storage in locked metal file cabinets or a locked room.\n\n( 4 ) Where a locked room is the method of security provided for a system, that security shall be supplemented by : ( i ) Providing lockable file cabinets or containers for the records or ( ii ) changing the lock or locks for the room so that they may not be opened with a master key. For purposes of this paragraph, a master key is a key which may be used to open rooms other than the room containing records subject to the Act, unless those rooms are utilized by officials or employees authorized to have access to the records subject to the Act.\n\n( 5 ) Personnel handling personal information during routine use will ensure that the information is properly controlled to prevent unintentional or unauthorized disclosure. Such information will be used, held, or stored only where facilities or conditions are adequate to prevent unauthorized or unintentional disclosure.\n\n( c ) When the records subject to the Act are maintained in computerized form, safeguards shall be utilized based on those recommended in the National Bureau of Standard 's booklet Computer Security Guidelines for Implementing the Privacy Act of 1974 ( XX/XX/XXXX ), and any supplements thereto, which are adequate and appropriate to assuring the integrity of the records. \n\nXXXX Requests for access to records. \n\n( a ) Any individual XXXX submit an inquiry to the Section to ascertain whether a system of records contains a record pertaining to him or her. \n\n( b ) The inquiry should be made either in person or by mail addressed to the PA Officer, United States XXXX, International Boundary and Water Commission, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, TX XXXX. The PA XXXX shall provide assistance to the individual making the inquiry to assure the timely identification of the appropriate systems of records. The office of the PA XXXX is located in XXXX XXXX and is open to an individual between the hours of XXXX XXXX XXXX XXXX XXXX  Monday through Friday ( excluding holidays ). \n\n( c ) Inquiries submitted by mail should be marked PRIVACY ACT REQUEST on the bottom left-hand corner of the envelope.\n\n( d ) The letter should state that the request is being made under the Privacy Act.\n\n( e ) Inquiries concerning whether a system of records contains a record pertaining to an individual should contain the following : ( 1 ) Name, address and telephone number ( optional ) of the individual making the inquiry ; ( 2 ) Name, address and telephone number ( optional ) of the individual to whom the record pertains, if the inquiring individual is either the parent of a minor or the legal guardian of the individual to whom a record pertains ; ( 3 ) A certified or authenticated copy of documents establishing parentage or guardianship ; ( 4 ) Whether the individual to whom the record pertains is a citizen of the United States or an alien lawfully admitted for permanent residence into the United States ; ( 5 ) Name of the system of records, as published in the Federal Register ; ( 6 ) Location of the system of records, as published in the Federal Register ; ( 7 ) Such additional information as the individual believes will or might assist the Section in responding to the inquiry and in verifying the individual 's identity ( for example : date of birth, place of birth, names of parents, place of work, dates of employment, position title, etc. ) ; ( 8 ) Date of inquiry ; and ( 9 ) Signature of the requester.\n\nThe Section reserves the right to require compliance with the identification procedures appearing at paragraph ( f ) of this section where conditions warrant.\n\n( f ) The requirement for identification of individuals seeking access to records are as follows : ( 1 ) In person : Each individual making a request in person shall be required to present satisfactory proof of identity. The means of proof, in the order of preference and priority, are : ( i ) A document bearing the individual 's photograph ( for example, driver 's license, passport or military or civilian identification card ) ; ( ii ) A document bearing the individual 's signature, preferably issued for participation in a federally sponsored program ( for example, Social Security card, unemployment insurance book, employer 's identification card, national credit card and professional, craft or union membership card ) ; and ( iii ) A document bearing either the photograph or the signature of the individual, preferably issued for participation in a federally sponsored program ( for example, Medicaid card ). In the event the individual can provide no suitable documentation of identity, the Section will require a signed statement asserting the individual 's identity and stipulating that the individual understands the penalty provision of 5 U.S.C. 552a ( i ) ( 3 ).\n\n( 2 ) Not in person : If the individual making a request does not appear in person before the PA Officer, a certificate of a notary public or equivalent officer empowered to administer oaths must accompany the request. \n\n( XXXX ) Parents of minors and legal guardians : An individual acting as the parent of a minor or the legal guardian of the individual or an heir or legal representative of a deceased person to whom a record pertains shall establish his or her personal identity in the manner prescribed in either paragraph ( f ) ( 1 ) or ( 2 ) of this section. In addition, such individual shall establish his or her identity in the representative capacity of parent or legal guardian. In the case of the parent of a minor, the proof of identity shall be a certified or authenticated copy of the minor 's birth certificate. In the case of a legal guardian of an individual who has been declared incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, the proof of identity shall be a certified or authenticated copy of the court 's order. A parent or legal guardian may act only for a living individual, not for a decedent. A parent or legal guardian may be accompanied during personal access to a record by another individual, provided the requirements of paragraph ( f ) of 1101.7 are satisfied. In the case of an heir or legal representative of a deceased person the proof of identity shall be a certified copy of the Will, if any ; the order of a court of competent jurisdiction admitting the Will to probate ; the order of a court of competent jurisdiction appointing an executor, executrix, or administrator ; a letter of administration ; or any other documentary evidence which establishes the identity of the individual as an heir or legal representative of a deceased person.\n\n( g ) When the provisions of this part are alleged to have the effect of impeding an individual in exercising his or her right to access, the Section will consider, from an individual making a request, alternative suggestions regarding proof of identity and access to records.\n\n( h ) An inquiry which is not addressed as specified in paragraph ( b ) of this section or which is not marked as specified in paragraph ( c ) of this section will be so addressed and marked by the Section 's personnel and forwarded immediately to the PA Officer. An inquiry which is not properly addressed by the individual will not be deemed to have been received for purposes of measuring time periods for response until forwarding of the inquiry to the PA Officer has been effected. In each instance when an inquiry so forwarded is received, the PA Officer shall notify the individual that his or her inquiry was improperly addressed and the date when the inquiry was received at the proper address.\n\n( i ) Each inquiry received shall be acted upon promptly by the PA Officer. Although there is no fixed time when an agency must respond to a request for access to records under the Act, every effort will be made to respond within ten ( 10 ) days ( excluding Saturdays, Sundays and holidays ) of the date of receipt. If a response can not be made within ten ( 10 ) days, the PA Officer shall send an acknowledgment during that period providing information on the status of the inquiry and asking for such further information as may be necessary to process the inquiry. Every effort will be made to provide the requested records within thirty ( 30 ) days.\n\n( j ) An individual shall not be required to state a reason or otherwise justify his or her inquiry.\n\n1101.7 Disclosure of records to individuals who are subjects of those records.\n\n( a ) Each request received shall be acted upon promptly by the PA Officer. Every effort will be made to respond within ten ( 10 ) days ( excluding Saturdays, Sundays, and holidays ) of the date of receipt. If a response can not be made within ten ( 10 ) days due to unusual circumstances, the PA Officer shall send an acknowledgment during that period providing information on the status of the request and asking for such further information as may be necessary to process the request. Every effort will be made to provide the requested records within thirty ( 30 ) days. Unusual circumstances shall include circumstances where a search for and collection of requested records from inactive storage, field facilities or other establishments are required, cases where a voluminous amount of data is involved, instances where information on other individuals must be separated or expunged from the particular record, and cases where consultations with other agencies having a substantial interest in the determination of the request are necessary.\n\n( b ) Grant of access : ( 1 ) Notification.\n\n( i ) An individual shall be granted access to a record pertaining to him or her except where the record is subject to an exemption under the Act and these rules.\n\n( ii ) The PA Officer shall notify the individual of such determination and provide the following information : ( A ) The methods of access, as set forth in paragraph ( b ) ( 2 ) of this section ; ( B ) The place at which the records may be inspected ; ( C ) The earliest date on which the record may be inspected and the period of time that the records will remain available for inspection. In no event shall the earliest date be later than thirty ( 30 ) days from the date of notification ; ( D ) The estimated date by which a copy of the record could be mailed and the estimate of fees pursuant to 1101.11. In no event shall be estimated date be later than thirty ( 30 ) days from the date of notification ; ( E ) The fact that the individual, if he or she wishes, may be accompanied by another individual during the personal access, subject to the procedures set forth in paragraph ( f ) of this section; and ( F ) Any additional requirements needed to grant access to a specific record.\n\n( 2 ) Method of access : The following methods of access to records by an individual may be available depending on the circumstances of a given situation : ( i ) Inspection in person XXXX be made in the office specified by the PA XXXX, between the hours of XXXX XXXX XXXX XXXX XXXX, Monday through Friday ( excluding holidays ) ; ( ii ) Transfer of records to a Federal facility more convenient to the individual may be arranged, but only if the PA Officer determines that a suitable facility is available, that the individual 's access can be properly supervised at that facility, and that transmittal of the records to that facility will not unduly interfere with operations of the section or involve unreasonable costs, in terms of both money and manpower ; and ( iii ) Copies may be mailed at the request of the individual, subject to payment of the fees prescribed in 1101.11. The Section, at its own initiative, may elect to provide a copy by mail, in which case no fee will be charged to the individual. \n\n( c ) Access to medical records : Upon advice by a physician that release of medical information directly to the requester could have an adverse effect on the requester, the Section may attempt to arrange an acceptable alternative. This will normally involve release of such information to a physician named by the requester, with the requester 's written consent. ( Note that release to any third party, including a physician or family member, must comply with the provisions of 1101.8 of this part. ) ( d ) The Section shall supply such other information and assistance at the time of access to make the record intelligible to the individual.\n\n( e ) The Section reserves the right to limit access to copies and abstracts of original records, rather than the original records. This election would be appropriate, for example, when the record is in an automated data media such as tape of disc, when the record contains information on other individuals, and when deletion of information is permissible under exemptions\n( for example 5, U.S.C. 552 ( k ) ( 1 ) ). In no event shall original records of the Section be made available to the individual except under the immediate supervision of the PA Officer or his designee. Title 18 U.S.C. 2701 ( a ) makes it a crime to conceal, mutilate, obliterate, or destroy a record filed in a public office, or to attempt to do any of the foregoing.\n\n( f ) Any individual who requests access to a record pertaining to that individual may be accompanied by another individual of his or her choice. Accompanied includes discussion of the record in the presence of the other individual. The individual to whom the record pertains shall authorize the presence of the other individual in writing and shall include the name of the other individual, a specific description of the record to which access is sought, and the date and the signature of the individual to whom the record pertains. The other individual shall sign the authorization in the presence of the PA Officer or his designee. An individual shall not be required to state a reason or otherwise justify his or her decision to be accompanied by another individual during the personal access to a record.\n\n( g ) Initial denial of access : ( 1 ) Grounds. Access by an individual to a record which pertains to that individual will be denied only upon a determination by the PA Officer that : ( i ) The record is subject to an exemption under the Act and these rules ; ( ii ) The record is information compiled in reasonable anticipation of a civil action or proceeding ; ( iii ) The provisions of 1101.7 ( c ) pertaining to medical records have been temporarily invoked ; or ( iv ) The individual unreasonably has failed to comply with the procedural requirements of these rules.\n\n( 2 ) Notification. The PA Officer shall give notice of denial of access of records to the individual in writing and shall include the following information : ( i ) The PA Officer 's name and title or position ; ( ii ) The date of denial ; ( iii ) The reasons for the denial, including citation to the appropriate section of the Act and these rules ; ( iv ) The individual 's opportunities for further administrative consideration, including the identity and address of the responsible official ; ( v ) If stated to be administratively final within the Section, the individual 's right to judicial review under 5 U.S.C. 552a ( g ) ( 1 ) and ( 5 ).\n\n( 3 ) Administrative review : When an initial denial of a request is issued by the PA Officer, the individual 's opportunities for further consideration shall be as follows : ( i ) As to denial under paragraph ( g ) ( 1 ) ( i ) of this section, the sole procedure is a petition for the issuance, amendment, or repeal of a rule under 5 U.S.C. 553 ( e ). Such petition shall be filed with the Commissioner, United States Section, International Boundary and Water Commission, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, TX XXXX. If the exception was determined by another agency, the PA XXXX will provide the individual with the name and address of the other agency and any relief sought by the individual shall be that provided by the regulations of the other agency. Within the Section, no such denial is administratively final until such a petition has been filed by the individual and disposed of on the merits by the Commissioner.\n\n( ii ) As to denial under paragraphs ( g ) ( 1 ), ( ii ), ( iii ) or ( iv ) of this section, the individual may file for review with the Commissioner, as indicated in the PA Officer 's initital denial notification.\n\n( h ) If a request is partially granted and partially denied, the PA Officer shall follow the appropriate procedures of this section as to the records within the grant and the records within the denial.\n\n1101.8 Disclosure of records to third-parties.\n\n( a ) The Section will not disclose any information about an individual to any person other than the individual except in the following instances : ( 1 ) Upon written request by the individual about whom the information is maintained ; ( 2 ) With prior written consent of the individual about whom the information is maintained ; ( 3 ) To the parent ( s ) of a minor child, or the legal guardian of an incompetent person, when said parent ( s ) or legal guardian act ( s ) on behalf of said minor or incompetent person.\n\n( 4 ) When permitted under 5 U.S.C. 552a ( b ) ( 1 ) through ( 11 ) which provides as follows : ( i ) To those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties ; ( ii ) Required under 5 U.S.C. 552 of the U.S. Code ; ( iii ) For a routine use as defined in the Act at 5 U.S.C. 552a ( a ) ( 7 ) ; ( iv ) To the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 of the U.S. Code ; ( v ) To a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( vi ) To the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Administrator of General Services or his designee to determine whether the record has such value ; ( vii ) To another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( viii ) To a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( ix ) To either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such join","date_sent_to_company":"2023-12-04T00:46:53.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"30132","tags":null,"has_narrative":true,"complaint_id":"7940898","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2023-12-04T00:46:47.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["The PA Officer shall give notice of denial of access of records to the individual in writing and shall include the following information : ( i ) The PA Officer 's name and title or position ; ( ii ) The date of denial ; ( iii ) The reasons for the denial, including citation to the appropriate section of the Act and these rules ; ( iv ) The individual 's opportunities for further <em>administrative</em> <em>consideration</em>, including the identity and address of the responsible official ; ( v ) If stated to be <em>administratively</em>"]},"sort":[6.1095266,"7940898"]},{"_index":"complaint-public-v1","_id":"7942313","_score":6.091343,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Wells Fargo Dealer Services is releasing my nonpublic information to the reporting agencies without my expressed written consent. XXXX and XXXX are both financial institutions that make a profit from selling my information. Since this is my financial information I am entitled to the proceeds of this sale. I have asked for the accounting records from Wells Fargo, XXXX, and XXXX neither have provided the records. Furthermore each financial institution is required to provide me with an opt out notice each month so I have the right to opt out of my nonpublic financial information being shared. \n17 CFR 248.124 - Reasonable opportunity to opt out. \nCFR prev | next 248.124 Reasonable opportunity to opt out.\n\n( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ).\n\n( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( 1 ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means.\n\n( 2 ) By electronic means.\n\n( i ) The opt out notice is provided electronically to the consumer, such\nas by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means.\n\n( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means.\n\n( 3 ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted.\n\n(\n\n4 ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out.\n\n( 5 ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice. \nThe purpose of these regulations is to prescribe responsibilities, rules, guidelines, and policies and procedures to implement the Privacy Act of 1974 ( Pub. L. 93579, as amended ; 5 U.S.C. 552a ) to assure that personal information about individuals collected by the United States Section is limited to that which is legally authorized and necessary and is maintained in a manner which precludes unwarranted intrusions upon individual privacy. Further, these regulations establish procedures by which an individual can : ( a ) Determine if the United States Section maintains records or a system of records which includes a record pertaining to the individual and ( b ) gain access to a record pertaining to him or her for the purpose of review, amendment or correction.\n\n1101.2 Definitions.\n\nFor the purpose of these regulations : ( a ) Act means the Privacy Act of 1974.\n\n( b ) Agency is defined to include any executive department, military department, Government corporation, Government controlled corporation or other establishment in the execut\nive branch of the Government ( including the\n\nExecutive Office of the President, or any independent regulatory agency ) ( 5 U.S.C. 552 ) ). ( c ) Commission means the International Boundary and Water Commission, United States and XXXX. ( d ) Commissioner means head of the United States Section, International Boundary and Water Commission, United States and XXXX.\n\n( e ) Individual means a citizen of the United States or an alien lawfully admitted for permanent residence.\n\n( f ) Maintain includes maintain, collect, use, or disseminate.\n\n( g ) 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. \n\n( h ) Routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it is collected. \n\n( i ) Section means the United States Section, International Boundary and Water Commission, United States and XXXX.\n\n( j ) Statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by 13 U.S.C. 8 ( Census data ).\n\n( k ) System of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.\n\n1101.3 General policy : Collection and use of personal information.\n\n( a ) Heads of Divisions, Branches, and the projects shall ensure that all Section personnel subject to their supervision are advised of the provisions of the Act, including the criminal penalties and civil liabilities provided therein, and that Section personnel are made aware of their responsibilities to protect the security of personal information, to assure its accuracy, relevance, timeliness and completeness, to avoid unauthorized disclosure either orally or in writing, and to ensure that no system of records concerning individuals, no matter how small or specialized, is maintained without public notice.\n\n( b ) Section personnel shall : ( 1 ) Collect no information of a personal nature from individuals unless authorized to collect it to achieve a function or carry out a responsibility or function of the Section.\n\n( 2 ) Collect from individuals only that information which is necessary to Section responsibilities or functions ; ( 3 ) Collect information, wherever possible, directly from the individual to whom it relates ; ( 4 ) Inform individuals from whom information is collected of the authority for collection, the purpose thereof, the uses that will be made of the information, and the effects, both legal and practical, of not furnishing the information ; ( 5 ) Neither collect, maintain, use nor disseminate information concerning an individual 's religious or political beliefs or activities or his membership in associations or organizations, unless ( i ) the individual has volunteered such information for his own benefit ; ( ii ) the information is expressly authorized by statute to be collected, maintained, used or disseminated ; or ( iii ) the activities involved are pertinent to and within the scope of an authorized investigation or adjudication activity ; ( 6 ) Advise an individual 's supervisors of the existence or contemplated development of any system of records which retrieves information about individuals by individual identified ; ( 7 ) Maintain an accounting of all disclosures of information to other than Section personnel ; ( 8 ) Disclose no information concerning individuals to other than Section personnel except when authorized by the Act or pursuant to a routine use published in the Federal Register ; ( 9 ) Maintain and process information concerning individuals with care in order to ensure that no inadvertent disclosure of the information is made to other than Section personnel ; and ( 10 ) Call to the attention of the PA Officer any information in a system maintained by the Section which is not authorized to be maintained under the provisions of the Act, including information on First Amendment activities, information that is inaccurate, irrelevant or so incomplete as to risk unfairness to the individual concerned.\n\n( c ) The system of records maintained by the Section shall be reviewed annually by the PA Officer to ensure compliance with the provisions of the Act.\n\n( d ) Information which may be used in making determinations about an individual 's rights, benefits, and privileges shall, to the greatest extent practicable, be collected directly from that individual. In deciding whether collection of information from an individual, as opposed to a third party source, is practicable, the following criteria, among others, may be considered : ( 1 ) Whether the nature of the information sought is such that it can only be obtained from a third party ; ( 2 ) Whether the cost of collecting the information from the individual is unreasonable when compared with the cost of collecting it from a third party ; ( 3 ) Whether there is a risk that information requested from the third parties, if inaccurate, could result in an adverse determination to the individual concerned; ( 4 ) Whether the information, if supplied by the individual, would have to be verified by a third party; or ( 5 ) Whether provisions can be made for verification by the individual of information collected from third parties.\n\n( e ) Employees whose duties require handling of records subject to the Act shall, at all times, take care to protect the integrity, security and confidentiality of these records.\n\n( f ) No employee of the section may alter or destroy a record subject to the Act unless ( 1 ) such alteration or destruction is properly undertaken in the course of the employee 's regular duties or ( 2 ) such alteration or destruction is required by a decision of the Commissioner or the decision of a court of competent jurisdiction.\n\n1101.4 Reports on new systems of records ; computer matching programs.\n\n( a ) Before establishing any new systems of records, or making any significant change in a system of records, the Section shall provide adequate advance notice to : ( 1 ) The Committee on Government Operations of the House of Representatives ; ( 2 ) The Committee on Governmental Affairs of the Senate ; and ( 3 ) The Office of Management and Budget.\n\n( b ) Before participating in any computerized information matching program, as that term is defined by 5 U.S.C. 552a ( a ) ( 8 ) the Section will comply with the provisions of 5 U.S.C. 552a ( o ), and will provide adequate advance notice as described in 1101.4 ( a ) above.\n\n1101.5 Security, confidentiality and protection of records.\n\n( a ) The Act requires that records subject to the Act be maintained with appropriate administrative, technical and physical safeguards to ensure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience or unfairness to any individual on whom information is maintained.\n\n( b ) When maintained in manual form ( typed, printed, handwritten, etc. ) records shall be maintained, at a minimum, subject to the following safeguards, or safeguards affording comparable protection : ( 1 ) Areas in which the records are maintained or regularly used shall be posted with an appropriate warning stating that access to the records is limited to authorized persons. The warning shall also summarize the requirements of 1101.3 and state that the Act contains a criminal penalty for the unauthorized dislosure of records to which it applies.\n\n( 2 ) During working hours : ( i ) The area in which the records are maintained or regularly used shall be occupied by authorized personnel or ( ii ) access to the records shall be restricted by their storage in locked metal file cabinets or a locked room.\n\n( 3 ) During non-working hours, access to the records shall be restricted by their storage in locked metal file cabinets or a locked room.\n\n( 4 ) Where a locked room is the method of security provided for a system, that security shall be supplemented by : ( i ) Providing lockable file cabinets or containers for the records or ( ii ) changing the lock or locks for the room so that they may not be opened with a master key. For purposes of this paragraph, a master key is a key which may be used to open rooms other than the room containing records subject to the Act, unless those rooms are utilized by officials or employees authorized to have access to the records subject to the Act.\n\n( 5 ) Personnel handling personal information during routine use will ensure that the information is properly controlled to prevent unintentional or unauthorized disclosure. Such information will be used, held, or stored only where facilities or conditions are adequate to prevent unauthorized or unintentional disclosure.\n\n( c ) When the records subject to the Act are maintained in computerized form, safeguards shall be utilized based on those recommended in the National Bureau of Standard 's booklet Computer Security Guidelines for Implementing the Privacy Act of 1974 ( May 30, 1975 ), and any supplements thereto, which are adequate and appropriate to assuring the integrity of the records.\n\n1101.6 Requests for access to records.\n\n( a ) Any individual may submit an inquiry to the Section to ascertain whether a system of records contains a record pertaining to him or her.\n\n( b ) The inquiry should be made either in person or by mail addressed to the PA Officer, United States Section, International Boundary and Water Commission, XXXX XXXX XXXX XXXX XXXX XXXX XXXX  TX XXXX. The PA Officer shall provide assistance to the individual making the inquiry to assure the timely identification of the appropriate systems of records. The office of the PA Officer is located in Suite C316 and is open to an individual between the hours of 8 a.m. and 4:30 p.m., Monday through Friday ( excluding holidays ).\n\n( c ) Inquiries submitted by mail should be marked PRIVACY ACT REQUEST on the bottom left-hand corner of the envelope.\n\n( d ) The letter should state that the request is being made under the Privacy Act.\n\n( e ) Inquiries concerning whether a system of records contains a record pertaining to an individual should contain the following : ( 1 ) Name, address and telephone number ( optional ) of the individual making the inquiry ; ( 2 ) Name, address and telephone number ( optional ) of the individual to whom the record pertains, if the inquiring individual is either the parent of a minor or the legal guardian of the individual to whom a record pertains ; ( 3 ) A certified or authenticated copy of documents establishing parentage or guardianship ; ( 4 ) Whether the individual to whom the record pertains is a citizen of the United States or an alien lawfully admitted for permanent residence into the United States ; ( 5 ) Name of the system of records, as published in the Federal Register ; ( 6 ) Location of the system of records, as published in the Federal Register ; ( 7 ) Such additional information as the individual believes will or might assist the Section in responding to the inquiry and in verifying the individual 's identity ( for example : date of birth, place of birth, names of parents, place of work, dates of employment, position title, etc. ) ; ( 8 ) Date of inquiry ; and ( 9 ) Signature of the requester.\n\nThe Section reserves the right to require compliance with the identification procedures appearing at paragraph ( f ) of this section where conditions warrant.\n\n( f ) The requirement for identification of individuals seeking access to records are as follows : ( 1 ) In person : Each individual making a request in person shall be required to present satisfactory proof of identity. The means of proof, in the order of preference and priority, are : ( i ) A document bearing the individual 's photograph ( for example, driver 's license, passport or military or civilian identification card ) ; ( ii ) A document bearing the individual 's signature, preferably issued for participation in a federally sponsored program ( for example, Social Security card, unemployment insurance book, employer 's identification card, national credit card and professional, craft or union membership card ) ; and ( iii ) A document bearing either the photograph or the signature of the individual, preferably issued for participation in a federally sponsored program ( for example, Medicaid card ). In the event the individual can provide no suitable documentation of identity, the Section will require a signed statement asserting the individual 's identity and stipulating that the individual understands the penalty provision of 5 U.S.C. 552a ( i ) ( 3 ).\n\n( 2 ) Not in person : If the individual making a request does not appear in person before the PA Officer, a certificate of a notary public or equivalent officer empowered to administer oaths must accompany the request.\n\n( 3 ) Parents of minors and legal guardians : An individual acting as the parent of a minor or the legal guardian of the individual or an heir or legal representative of a deceased person to whom a record pertains shall establish his or her personal identity in the manner prescribed in either paragraph ( f ) ( 1 ) or ( 2 ) of this section. In addition, such individual shall establish his or her identity in the representative capacity of parent or legal guardian. In the case of the parent of a minor, the proof of identity shall be a certified or authenticated copy of the minor 's birth certificate. In the case of a legal guardian of an individual who has been declared incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, the proof of identity shall be a certified or authenticated copy of the court 's order. A parent or legal guardian may act only for a living individual, not for a decedent. A parent or legal guardian may be accompanied during personal access to a record by another individual, provided the requirements of paragraph ( f ) of 1101.7 are satisfied. In the case of an heir or legal representative of a deceased person the proof of identity shall be a certified copy of the Will, if any ; the order of a court of competent jurisdiction admitting the Will to probate ; the order of a court of competent jurisdiction appointing an executor, executrix, or administrator ; a letter of administration ; or any other documentary evidence which establishes the identity of the individual as an heir or legal representative of a deceased person.\n\n( g ) When the provisions of this part are alleged to have the effect of impeding an individual in exercising his or her right to access, the Section will consider, from an individual making a request, alternative suggestions regarding proof of identity and access to records.\n\n( h ) An inquiry which is not addressed as specified in paragraph ( b ) of this section or which is not marked as specified in paragraph ( c ) of this section will be so addressed and marked by the Section 's personnel and forwarded immediately to the PA Officer. An inquiry which is not properly addressed by the individual will not be deemed to have been received for purposes of measuring time periods for response until forwarding of the inquiry to the PA Officer has been effected. In each instance when an inquiry so forwarded is received, the PA Officer shall notify the individual that his or her inquiry was improperly addressed and the date when the inquiry was received at the proper address.\n\n( i ) Each inquiry received shall be acted upon promptly by the PA Officer. Although there is no fixed time when an agency must respond to a request for access to records under the Act, every effort will be made to respond within ten ( 10 ) days ( excluding Saturdays, Sundays and holidays ) of the date of receipt. If a response can not be made within ten ( 10 ) days, the PA Officer shall send an acknowledgment during that period providing information on the status of the inquiry and asking for such further information as may be necessary to process the inquiry. Every effort will be made to provide the requested records within thirty ( 30 ) days.\n\n( j ) An individual shall not be required to state a reason or otherwise justify his or her inquiry.\n\n1101.7 Disclosure of records to individuals who are subjects of those records.\n\n( a ) Each request received shall be acted upon promptly by the PA Officer. Every effort will be made to respond within ten ( 10 ) days ( excluding Saturdays, Sundays, and holidays ) of the date of receipt. If a response can not be made within ten ( 10 ) days due to unusual circumstances, the PA Officer shall send an acknowledgment during that period providing information on the status of the request and asking for such further information as may be necessary to process the request. Every effort will be made to provide the requested records within thirty ( 30 ) days. Unusual circumstances shall include circumstances where a search for and collection of requested records from inactive storage, field facilities or other establishments are required, cases where a voluminous amount of data is involved, instances where information on other individuals must be separated or expunged from the particular record, and cases where consultations with other agencies having a substantial interest in the determination of the request are necessary.\n\n( b ) Grant of access : ( 1 ) Notification.\n\n( i ) An individual shall be granted access to a record pertaining to him or her except where the record is subject to an exemption under the Act and these rules.\n\n( ii ) The PA Officer shall notify the individual of such determination and provide the following information : ( A ) The methods of access, as set forth in paragraph ( b ) ( 2 ) of this section ; ( B ) The place at which the records may be inspected ; ( C ) The earliest date on which the record may be inspected and the period of time that the records will remain available for inspection. In no event shall the earliest date be later than thirty ( 30 ) days from the date of notification ; ( D ) The estimated date by which a copy of the record could be mailed and the estimate of fees pursuant to 1101.11. In no event shall be estimated date be later than thirty ( 30 ) days from the date of notification ; ( E ) The fact that the individual, if he or she wishes, may be accompanied by another individual during the personal access, subject to the procedures set forth in paragraph ( f ) of this section; and ( F ) Any additional requirements needed to grant access to a specific record.\n\n( 2 ) Method of access : The following methods of access to records by an individual may be available depending on the circumstances of a given situation : ( i ) Inspection in person may be made in the office specified by the PA Officer, between the hours of 8 a.m. and 4:30 p.m., Monday through Friday ( excluding holidays ) ; ( ii ) Transfer of records to a Federal facility more convenient to the individual may be arranged, but only if the PA Officer determines that a suitable facility is available, that the individual 's access can be properly supervised at that facility, and that transmittal of the records to that facility will not unduly interfere with operations of the section or involve unreasonable costs, in terms of both money and manpower ; and ( iii ) Copies may be mailed at the request of the individual, subject to payment of the fees prescribed in 1101.11. The Section, at its own initiative, may elect to provide a copy by mail, in which case no fee will be charged to the individual.\n\n( c ) Access to medical records : Upon advice by a physician that release of medical information directly to the requester could have an adverse effect on the requester, the Section may attempt to arrange an acceptable alternative. This will normally involve release of such information to a physician named by the requester, with the requester 's written consent. ( Note that release to any third party, including a physician or family member, must comply with the provisions of 1101.8 of this part. ) ( d ) The Section shall supply such other information and assistance at the time of access to make the record intelligible to the individual.\n\n( e ) The Section reserves the right to limit access to copies and abstracts of original records, rather than the original records. This election would be appropriate, for example, when the record is in an automated data media such as tape of disc, when the record contains information on other individuals, and when deletion of information is permissible under exemptions ( for example 5, U.S.C. 552 ( k ) ( 1 ) ). In no event shall original records of the Section be made available to the individual except under the immediate supervision of the PA Officer or his designee. Title 18 U.S.C. 2701 ( a ) makes it a crime to conceal, mutilate, obliterate, or destroy a record filed in a public office, or to attempt to do any of the foregoing.\n\n( f ) Any individual who requests access to a record pertaining to that individual may be accompanied by another individual of his or her choice. Accompanied includes discussion of the record in the presence of the other individual. The individual to whom the record pertains shall authorize the presence of the other individual in writing and shall include the name of the other individual, a specific description of the record to which access is sought, and the date and the signature of the individual to whom the record pertains. The other individual shall sign the authorization in the presence of the PA Officer or his designee. An individual shall not be required to state a reason or otherwise justify his or her decision to be accompanied by another individual during the personal access to a record.\n\n( g ) Initial denial of access : ( 1 ) Grounds. Access by an individual to a record which pertains to that individual will be denied only upon a determination by the PA Officer that : ( i ) The record is subject to an exemption under the Act and these rules ; ( ii ) The record is information compiled in reasonable anticipation of a civil action or proceeding ; ( iii ) The provisions of 1101.7 ( c ) pertaining to medical records have been temporarily invoked ; or ( iv ) The individual unreasonably has failed to comply with the procedural requirements of these rules.\n\n( 2 ) Notification. The PA Officer shall give notice of denial of access of records to the individual in writing and shall include the following information : ( i ) The PA Officer 's name and title or position ; ( ii ) The date of denial ; ( iii ) The reasons for the denial, including citation to the appropriate section of the Act and these rules ; ( iv ) The individual 's opportunities for further administrative consideration, including the identity and address of the responsible official ; ( v ) If stated to be administratively final within the Section, the individual 's right to judicial review under 5 U.S.C. 552a ( g ) ( 1 ) and ( 5 ).\n\n( 3 ) Administrative review : When an initial denial of a request is issued by the PA Officer, the individual 's opportunities for further consideration shall be as follows : ( i ) As to denial under paragraph ( g ) ( 1 ) ( i ) of this section, the sole procedure is a petition for the issuance, amendment, or repeal of a rule under 5 U.S.C. 553 ( e ). Such petition shall be filed with the Commissioner, United States Section, International Boundary and Water Commission, XXXX XXXX XXXX XXXX XXXX XXXX XXXX  TX XXXX. If the exception was determined by another agency, the PA Officer will provide the individual with the name and address of the other agency and any relief sought by the individual shall be that provided by the regulations of the other agency. Within the Section, no such denial is administratively final until such a petition has been filed by the individual and disposed of on the merits by the Commissioner.\n\n( ii ) As to denial under paragraphs ( g ) ( 1 ), ( ii ), ( iii ) or ( iv ) of this section, the individual may file for review with the Commissioner, as indicated in the PA Officer 's initital denial notification.\n\n( h ) If a request is partially granted and partially denied, the PA Officer shall follow the appropriate procedures of this section as to the records within the grant and the records within the denial.\n\n1101.8 Disclosure of records to third-parties.\n\n( a ) The Section will not disclose any information about an individual to any person other than the individual except in the following instances : ( 1 ) Upon written request by the individual about whom the information is maintained ; ( 2 ) With prior written consent of the individual about whom the information is maintained ; ( 3 ) To the parent ( s ) of a minor child, or the legal guardian of an incompetent person, when said parent ( s ) or legal guardian act ( s ) on behalf of said minor or incompetent person.\n\n( 4 ) When permitted under 5 U.S.C. 552a ( b ) ( 1 ) through ( 11 ) which provides as follows : ( i ) To those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties ; ( ii ) Required under 5 U.S.C. 552 of the U.S. Code ; ( iii ) For a routine use as defined in the Act at 5 U.S.C. 552a ( a ) ( 7 ) ; ( iv ) To the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 of the U.S. Code ; ( v ) To a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( vi ) To the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Administrator of General Services or his designee to determine whether the record has such value ; ( vii ) To another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( viii ) To a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( ix ) To either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any XXXX XXXX XXXX XXXX or XXXX of any such join","date_sent_to_company":"2023-12-04T00:46:42.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"30132","tags":null,"has_narrative":true,"complaint_id":"7942313","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2023-12-04T00:04:33.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["The PA Officer shall give notice of denial of access of records to the individual in writing and shall include the following information : ( i ) The PA Officer 's name and title or position ; ( ii ) The date of denial ; ( iii ) The reasons for the denial, including citation to the appropriate section of the Act and these rules ; ( iv ) The individual 's opportunities for further <em>administrative</em> <em>consideration</em>, including the identity and address of the responsible official ; ( v ) If stated to be <em>administratively</em>"]},"sort":[6.091343,"7942313"]},{"_index":"complaint-public-v1","_id":"7940899","_score":6.091343,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX XXXX is releasing my nonpublic information to the reporting agencies without my expressed written consent. XXXX and Experian are both financial institutions that make a profit from selling my information. Since this is my financial information I am entitled to the proceeds of this sale. I have asked for the accounting records from XXXX XXXX, XXXX, and Experian neither have provided the records. Furthermore each financial institution is required to provide me with an opt out notice each month so I have the right to opt out of my nonpublic financial information being shared. \n17 CFR 248.124 - Reasonable opportunity to opt out.\n\nCFR prev | next 248.124 Reasonable opportunity to opt out.\n\n( a ) In general. You must not use eligibility information that you receive from an affiliate to make marketing solicitations to a consumer about your products or services unless the consumer is provided a reasonable opportunity to opt out, as required by 248.121 ( a ) ( 1 ) ( ii ).\n\n( b ) Examples of a reasonable opportunity to opt out. The consumer is given a reasonable opportunity to opt out if : ( 1 ) By mail. The opt out notice is mailed to the consumer. The consumer is given 30 days from the date the notice is mailed to elect to opt out by any reasonable means.\n\n( 2 ) By electronic means.\n\n( i ) The opt out notice is provided electronically to the consumer, such as by posting the notice at an Internet Web site at which the consumer has obtained a product or service. The consumer acknowledges receipt of the electronic notice. The consumer is given 30 days after the date the consumer acknowledges receipt to elect to opt out by any reasonable means.\n\n( ii ) The opt out notice is provided to the consumer by e-mail where the consumer has agreed to receive disclosures by e-mail from the person sending the notice. The consumer is given 30 days after the e-mail is sent to elect to opt out by any reasonable means.\n\n( 3 ) At the time of an electronic transaction. The opt out notice is provided to the consumer at the time of an electronic transaction, such as a transaction conducted on an Internet Web site. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction. There is a simple process that the consumer may use to opt out at that time using the same mechanism through which the transaction is conducted.\n\n( 4 ) At the time of an in-person transaction. The opt out notice is provided to the consumer in writing at the time of an in-person transaction. The consumer is required to decide, as a necessary part of proceeding with the transaction, whether to opt out before completing the transaction, and is not permitted to complete the transaction without making a choice. There is a simple process that the consumer may use during the course of the in-person transaction to opt out, such as completing a form that requires consumers to write a yes or no to indicate their opt out preference or that requires the consumer to check one of two blank check boxesone that allows consumers to indicate that they want to opt out and one that allows consumers to indicate that they do not want to opt out.\n\n( 5 ) By including in a privacy notice. The opt out notice is included in a GLBA privacy notice. The consumer is allowed to exercise the opt out within a reasonable period of time and in the same manner as the opt out under that privacy notice.\n\nThe purpose of these regulations is to prescribe responsibilities, rules, guidelines, and policies and procedures to implement the Privacy Act of 1974 ( Pub. L. 93579, as amended ; 5 U.S.C. 552a ) to assure that personal information about individuals collected by the United States Section is limited to that which is legally authorized and necessary and is maintained in a manner which precludes unwarranted intrusions upon individual privacy. Further, these regulations establish procedures by which an individual can : ( a ) Determine if the United States Section maintains records or a system of records which includes a record pertaining to the individual and ( b ) gain access to a record pertaining to him or her for the purpose of review, amendment or correction.\n\n1101.2 Definitions.\n\nFor the purpose of these regulations : ( a ) Act means the Privacy Act of 1974.\n\n( b ) Agency is defined to include any executive department, military department, Government corporation, Government controlled corporation or other establishment in the executive branch of the Government ( including the Executive Office of the President, or any independent regulatory agency ) ( 5 U.S.C. 552 ) ).\n\n( c ) Commission means the International Boundary and Water Commission, United States and Mexico.\n\n( d ) Commissioner means head of the United States Section, International Boundary and Water Commission, United States and Mexico.\n\n( e ) Individual means a citizen of the United States or an alien lawfully admitted for permanent residence.\n\n( f ) Maintain includes maintain, collect, use, or disseminate.\n\n( g ) 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.\n\n( h ) Routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it is collected.\n\n( i ) Section means the United States Section, International Boundary and Water Commission, United States and Mexico.\n\n( j ) Statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by 13 U.S.C. 8 ( Census data ).\n\n( k ) System of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.\n\n1101.3 General policy : Collection and use of personal information.\n\n( a ) Heads of Divisions, Branches, and the projects shall ensure that all Section personnel subject to their supervision are advised of the provisions of the Act, including the criminal penalties and civil liabilities provided therein, and that Section personnel are made aware of their responsibilities to protect the security of personal information, to assure its accuracy, relevance, timeliness and completeness, to avoid unauthorized disclosure either orally or in writing, and to ensure that no system of records concerning individuals, no matter how small or specialized, is maintained without public notice.\n\n( b ) Section personnel shall : ( 1 ) Collect no information of a personal nature from individuals unless authorized to collect it to achieve a function or carry out a responsibility or function of the Section.\n\n( 2 ) Collect from individuals only that information which is necessary to Section responsibilities or functions ; ( 3 ) Collect information, wherever possible, directly from the individual to whom it relates ; ( 4 ) Inform individuals from whom information is collected of the authority for collection, the purpose thereof, the uses that will be made of the information, and the effects, both legal and practical, of not furnishing the information ; ( 5 ) Neither collect, maintain, use nor disseminate information concerning an individual 's religious or political beliefs or activities or his membership in associations or organizations, unless ( i ) the individual has volunteered such information for his own benefit ; ( ii ) the information is expressly authorized by statute to be collected, maintained, used or disseminated ; or ( iii ) the activities involved are pertinent to and within the scope of an authorized investigation or adjudication activity ; ( 6 ) Advise an individual 's supervisors of the existence or contemplated development of any system of records which retrieves information about individuals by individual identified ; ( 7 ) Maintain an accounting of all disclosures of information to other than Section personnel ; ( 8 ) Disclose no information concerning individuals to other than Section personnel except when authorized by the Act or pursuant to a routine use published in the Federal Register ; ( 9 ) Maintain and process information concerning individuals with care in order to ensure that no inadvertent disclosure of the information is made to other than Section personnel ; and ( 10 ) Call to the attention of the PA Officer any information in a system maintained by the Section which is not authorized to be maintained under the provisions of the Act, including information on First Amendment activities, information that is inaccurate, irrelevant or so incomplete as to risk unfairness to the individual concerned.\n\n( c ) The system of records maintained by the Section shall be reviewed annually by the PA Officer to ensure compliance with the provisions of the Act.\n\n( d ) Information which may be used in making determinations about an individual 's rights, benefits, and privileges shall, to the greatest extent practicable, be collected directly from that individual. In deciding whether collection of information from an individual, as opposed to a third party source, is practicable, the following criteria, among others, may be considered : ( 1 ) Whether the nature of the information sought is such that it can only be obtained from a third party ; ( 2 ) Whether the cost of collecting the information from the individual is unreasonable when compared with the cost of collecting it from a third party ; ( 3 ) Whether there is a risk that information requested from the third parties, if inaccurate, could result in an adverse determination to the individual concerned; ( 4 ) Whether the information, if supplied by the individual, would have to be verified by a third party; or ( 5 ) Whether provisions can be made for verification by the individual of information collected from third parties.\n\n( e ) Employees whose duties require handling of records subject to the Act shall, at all times, take care to protect the integrity, security and confidentiality of these records.\n\n( f ) No employee of the section may alter or destroy a record subject to the Act unless ( 1 ) such alteration or destruction is properly undertaken in the course of the employee 's regular duties or ( 2 ) such alteration or destruction is required by a decision of the Commissioner or the decision of a court of competent jurisdiction.\n\n1101.4 Reports on new systems of records ; computer matching programs.\n\n( a ) Before establishing any new systems of records, or making any significant change in a system of records, the Section shall provide adequate advance notice to : ( 1 ) The Committee on Government Operations of the House of Representatives ; ( 2 ) The Committee on Governmental Affairs of the Senate ; and ( 3 ) The Office of Management and Budget.\n\n( b ) Before participating in any computerized information matching program, as that term is defined by 5 U.S.C. 552a ( a ) ( 8 ) the Section will comply with the provisions of 5 U.S.C. 552a ( o ), and will provide adequate advance notice as described in 1101.4 ( a ) above.\n\n1101.5 Security, confidentiality and protection of records.\n\n( a ) The Act requires that records subject to the Act be maintained with appropriate administrative, technical and physical safeguards to ensure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience or unfairness to any individual on whom information is maintained.\n\n( b ) When maintained in manual form ( typed, printed, handwritten, etc. ) records shall be maintained, at a minimum, subject to the following safeguards, or safeguards affording comparable protection : ( 1 ) Areas in which the records are maintained or regularly used shall be posted with an appropriate warning stating that access to the records is limited to authorized persons. The warning shall also summarize the requirements of 1101.3 and state that the Act contains a criminal penalty for the unauthorized dislosure of records to which it applies.\n\n( 2 ) During working hours : ( i ) The area in which the records are maintained or regularly used shall be occupied by authorized personnel or ( ii ) access to the records shall be restricted by their storage in locked metal file cabinets or a locked room.\n\n( 3 ) During non-working hours, access to the records shall be restricted by their storage in locked metal file cabinets or a locked room.\n\n( 4 ) Where a locked room is the method of security provided for a system, that security shall be supplemented by : ( i ) Providing lockable file cabinets or containers for the records or ( ii ) changing the lock or locks for the room so that they may not be opened with a master key. For purposes of this paragraph, a master key is a key which may be used to open rooms other than the room containing records subject to the Act, unless those rooms are utilized by officials or employees authorized to have access to the records subject to the Act.\n\n( 5 ) Personnel handling personal information during routine use will ensure that the information is properly controlled to prevent unintentional or unauthorized disclosure. Such information will be used, held, or stored only where facilities or conditions are adequate to prevent unauthorized or unintentional disclosure.\n\n( c ) When the records subject to the Act are maintained in computerized form, safeguards shall be utilized based on those recommended in the National Bureau of Standard 's booklet Computer Security Guidelines for Implementing the Privacy Act of 1974 ( May 30, 1975 ), and any supplements thereto, which are adequate and appropriate to assuring the integrity of the records.\n\n1101.6 Requests for access to records.\n\n( a ) Any individual may submit an inquiry to the Section to ascertain whether a system of records contains a record pertaining to him or her.\n\n( b ) The inquiry should be made either in person or by mail addressed to the PA Officer, United States Section, International Boundary and Water Commission, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, TX XXXX. The PA XXXX shall provide assistance to the individual making the inquiry to assure the timely identification of the appropriate systems of records. The office of the PA XXXX is located in XXXX XXXX and is open to an individual between the hours of XXXX XXXX XXXX XXXX XXXX, Monday through Friday ( excluding holidays ). \n\n( c ) Inquiries submitted by mail should be marked PRIVACY ACT REQUEST on the bottom left-hand corner of the envelope. \n\n( d ) The letter should state that the request is being made under the Privacy Act.\n\n( e ) Inquiries concerning whether a system of records contains a record pertaining to an individual should contain the following : ( 1 ) Name, address and telephone number ( optional ) of the individual making the inquiry ; ( 2 ) Name, address and telephone number ( optional ) of the individual to whom the record pertains, if the inquiring individual is either the parent of a minor or the legal guardian of the individual to whom a record pertains ; ( 3 ) A certified or authenticated copy of documents establishing parentage or guardianship ; ( 4 ) Whether the individual to whom the record pertains is a citizen of the United States or an alien lawfully admitted for permanent residence into the United States ; ( 5 ) Name of the system of records, as published in the Federal Register ; ( 6 ) Location of the system of records, as published in the Federal Register ; ( 7 ) Such additional information as the individual believes will or might assist the Section in responding to the inquiry and in verifying the individual 's identity ( for example : date of birth, place of birth, names of parents, place of work, dates of employment, position title, etc. ) ; ( 8 ) Date of inquiry ; and ( 9 ) Signature of the requester.\n\nThe Section reserves the right to require compliance with the identification procedures appearing at paragraph ( f ) of this section where conditions warrant.\n\n( f ) The requirement for identification of individuals seeking access to records are as follows : ( 1 ) In person : Each individual making a request in person shall be required to present satisfactory proof of identity. The means of proof, in the order of preference and priority, are : ( i ) A document bearing the individual 's photograph ( for example, driver 's license, passport or military or civilian identification card ) ; ( ii ) A document bearing the individual 's signature, preferably issued for participation in a federally sponsored program ( for example, Social Security card, unemployment insurance book, employer 's identification card, national credit card and professional, craft or union membership card ) ; and ( iii ) A document bearing either the photograph or the signature of the individual, preferably issued for participation in a federally sponsored program ( for example, Medicaid card ). In the event the individual can provide no suitable documentation of identity, the Section will require a signed statement asserting the individual 's identity and stipulating that the individual understands the penalty provision of 5 U.S.C. 552a ( i ) ( 3 ).\n\n( 2 ) Not in person : If the individual making a request does not appear in person before the PA Officer, a certificate of a notary public or equivalent officer empowered to administer oaths must accompany the request.\n\n( 3 ) Parents of minors and legal guardians : An individual acting as the parent of a minor or the legal guardian of the individual or an heir or legal representative of a deceased person to whom a record pertains shall establish his or her personal identity in the manner prescribed in either paragraph ( f ) ( 1 ) or ( 2 ) of this section. In addition, such individual shall establish his or her identity in the representative capacity of parent or legal guardian. In the case of the parent of a minor, the proof of identity shall be a certified or authenticated copy of the minor 's birth certificate. In the case of a legal guardian of an individual who has been declared incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, the proof of identity shall be a certified or authenticated copy of the court 's order. A parent or legal guardian may act only for a living individual, not for a decedent. A parent or legal guardian may be accompanied during personal access to a record by another individual, provided the requirements of paragraph ( f ) of 1101.7 are satisfied. In the case of an heir or legal representative of a deceased person the proof of identity shall be a certified copy of the Will, if any ; the order of a court of competent jurisdiction admitting the Will to probate ; the order of a court of competent jurisdiction appointing an executor, executrix, or administrator ; a letter of administration ; or any other documentary evidence which establishes the identity of the individual as an heir or legal representative of a deceased person.\n\n( g ) When the provisions of this part are alleged to have the effect of impeding an individual in exercising his or her right to access, the Section will consider, from an individual making a request, alternative suggestions regarding proof of identity and access to records.\n\n( h ) An inquiry which is not addressed as specified in paragraph ( b ) of this section or which is not marked as specified in paragraph ( c ) of this section will be so addressed and marked by the Section 's personnel and forwarded immediately to the PA Officer. An inquiry which is not properly addressed by the individual will not be deemed to have been received for purposes of measuring time periods for response until forwarding of the inquiry to the PA Officer has been effected. In each instance when an inquiry so forwarded is received, the PA Officer shall notify the individual that his or her inquiry was improperly addressed and the date when the inquiry was received at the proper address.\n\n( i ) Each inquiry received shall be acted upon promptly by the PA Officer. Although there is no fixed time when an agency must respond to a request for access to records under the Act, every effort will be made to respond within ten ( 10 ) days ( excluding Saturdays, Sundays and holidays ) of the date of receipt. If a response can not be made within ten ( 10 ) days, the PA Officer shall send an acknowledgment during that period providing information on the status of the inquiry and asking for such further information as may be necessary to process the inquiry. Every effort will be made to provide the requested records within thirty ( 30 ) days.\n\n( j ) An individual shall not be required to state a reason or otherwise justify his or her inquiry.\n\n1101.7 Disclosure of records to individuals who are subjects of those records.\n\n( a ) Each request received shall be acted upon promptly by the PA Officer. Every effort will be made to respond within ten ( 10 ) days ( excluding Saturdays, Sundays, and holidays ) of the date of receipt. If a response can not be made within ten ( 10 ) days due to unusual circumstances, the PA Officer shall send an acknowledgment during that period providing information on the status of the request and asking for such further information as may be necessary to process the request. Every effort will be made to provide the requested records within thirty ( 30 ) days. Unusual circumstances shall include circumstances where a search for and collection of requested records from inactive storage, field facilities or other establishments are required, cases where a voluminous amount of data is involved, instances where information on other individuals must be separated or expunged from the particular record, and cases where consultations with other agencies having a substantial interest in the determination of the request are necessary.\n\n( b ) Grant of access : ( 1 ) Notification.\n\n( i ) An individual shall be granted access to a record pertaining to him or her except where the record is subject to an exemption under the Act and these rules.\n\n( ii ) The PA Officer shall notify the individual of such determination and provide the following information : ( A ) The methods of access, as set forth in paragraph ( b ) ( 2 ) of this section ; ( B ) The place at which the records may be inspected ; ( C ) The earliest date on which the record may be inspected and the period of time that the records will remain available for inspection. In no event shall the earliest date be later than thirty ( 30 ) days from the date of notification ; ( D ) The estimated date by which a copy of the record could be mailed and the estimate of fees pursuant to 1101.11. In no event shall be estimated date be later than thirty ( 30 ) days from the date of notification ; ( E ) The fact that the individual, if he or she wishes, may be accompanied by another individual during the personal access, subject to the procedures set forth in paragraph ( f ) of this section; and ( F ) Any additional requirements needed to grant access to a specific record.\n\n( 2 ) Method of access : The following methods of access to records by an individual may be available depending on the circumstances of a given situation : ( i ) Inspection in person may be made in the office specified by the PA Officer, between the hours of 8 a.m. and 4:30 p.m., Monday through Friday ( excluding holidays ) ; ( ii ) Transfer of records to a Federal facility more convenient to the individual may be arranged, but only if the PA Officer determines that a suitable facility is available, that the individual 's access can be properly supervised at that facility, and that transmittal of the records to that facility will not unduly interfere with operations of the section or involve unreasonable costs, in terms of both money and manpower ; and ( iii ) Copies may be mailed at the request of the individual, subject to payment of the fees prescribed in 1101.11. The Section, at its own initiative, may elect to provide a copy by mail, in which case no fee will be charged to the individual.\n\n( c ) Access to medical records : Upon advice by a physician that release of medical information directly to the requester could have an adverse effect on the requester, the Section may attempt to arrange an acceptable alternative. This will normally involve release of such information to a physician named by the requester, with the requester 's written consent. ( Note that release to any third party, including a physician or family member, must comply with the provisions of 1101.8 of this part. ) ( d ) The Section shall supply such other information and assistance at the time of access to make the record intelligible to the individual.\n\n( e ) The Section reserves the right to limit access to copies and abstracts of original records, rather than the original records. This election would be appropriate, for example, when the record is in an automated data media such as tape of disc, when the record contains information on other individuals, and when deletion of information is permissible under exemptions ( for example 5, U.S.C. 552 ( k ) ( 1 ) ). In no event shall original records of the Section be made available to the individual except under the immediate supervision of the PA Officer or his designee. Title 18 U.S.C. 2701 ( a ) makes it a crime to conceal, mutilate, obliterate, or destroy a record filed in a public office, or to attempt to do any of the foregoing. \n\n( f ) Any individual who requests access to a record pertaining to that individual XXXX be accompanied by another individual of his or her choice. Accompanied includes discussion of the record in the presence of the other individual. The individual to whom the record pertains shall authorize the presence of the other individual in writing and shall include the name of the other individual, a specific description of the record to which access is sought, and the date and the signature of the individual to whom the record pertains. The other individual shall sign the authorization in the presence of the PA XXXX or his designee. An individual shall not be required to state a reason or otherwise justify his or her decision to be accompanied by another individual during the personal access to a record.\n\n( g ) Initial denial of access : ( 1 ) Grounds. Access by an individual to a record which pertains to that individual will be denied only upon a determination by the PA Officer that : ( i ) The record is subject to an exemption under the Act and these rules ; ( ii ) The record is information compiled in reasonable anticipation of a civil action or proceeding ; ( iii ) The provisions of 1101.7 ( c ) pertaining to medical records have been temporarily invoked ; or ( iv ) The individual unreasonably has failed to comply with the procedural requirements of these rules.\n\n( 2 ) Notification. The PA Officer shall give notice of denial of access of records to the individual in writing and shall include the following information : ( i ) The PA Officer 's name and title or position ; ( ii ) The date of denial ; ( iii ) The reasons for the denial, including citation to the appropriate section of the Act and these rules ; ( iv ) The individual 's opportunities for further administrative consideration, including the identity and address of the responsible official ; ( v ) If stated to be administratively final within the Section, the individual 's right to judicial review under 5 U.S.C. 552a ( g ) ( 1 ) and ( 5 ).\n\n( 3 ) Administrative review : When an initial denial of a request is issued by the PA Officer, the individual 's opportunities for further consideration shall be as follows : ( i ) As to denial under paragraph ( g ) ( 1 ) ( i ) of this section, the sole procedure is a petition for the issuance, amendment, or repeal of a rule under 5 U.S.C. 553 ( e ). Such petition shall be filed with the Commissioner, United States Section, International Boundary and Water Commission, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, TX XXXX. If the exception was determined by another agency, the PA XXXX will provide the individual with the name and address of the other agency and any relief sought by the individual shall be that provided by the regulations of the other agency. Within the Section, no such denial is administratively final until such a petition has been filed by the individual and disposed of on the merits by the Commissioner.\n\n( ii ) As to denial under paragraphs ( g ) ( 1 ), ( ii ), ( iii ) or ( iv ) of this section, the individual may file for review with the Commissioner, as indicated in the PA Officer 's initital denial notification.\n\n( h ) If a request is partially granted and partially denied, the PA Officer shall follow the appropriate procedures of this section as to the records within the grant and the records within the denial.\n\n1101.8 Disclosure of records to third-parties.\n\n( a ) The Section will not disclose any information about an individual to any person other than the individual except in the following instances : ( 1 ) Upon written request by the individual about whom the information is maintained ; ( 2 ) With prior written consent of the individual about whom the information is maintained ; ( 3 ) To the parent ( s ) of a minor child, or the legal guardian of an incompetent person, when said parent ( s ) or legal guardian act ( s ) on behalf of said minor or incompetent person.\n\n( 4 ) When permitted under 5 U.S.C. 552a ( b ) ( 1 ) through ( 11 ) which provides as follows : ( i ) To those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties ; ( ii ) Required under 5 U.S.C. 552 of the U.S. Code ; ( iii ) For a routine use as defined in the Act at 5 U.S.C. 552a ( a ) ( 7 ) ; ( iv ) To the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 of the U.S. Code ; ( v ) To a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( vi ) To the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Administrator of General Services or his designee to determine whether the record has such value ; ( vii ) To another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( viii ) To a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( ix ) To either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such join","date_sent_to_company":"2023-12-04T00:46:53.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"30132","tags":null,"has_narrative":true,"complaint_id":"7940899","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-12-04T00:46:47.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["The PA Officer shall give notice of denial of access of records to the individual in writing and shall include the following information : ( i ) The PA Officer 's name and title or position ; ( ii ) The date of denial ; ( iii ) The reasons for the denial, including citation to the appropriate section of the Act and these rules ; ( iv ) The individual 's opportunities for further <em>administrative</em> <em>consideration</em>, including the identity and address of the responsible official ; ( v ) If stated to be <em>administratively</em>"]},"sort":[6.091343,"7940899"]},{"_index":"complaint-public-v1","_id":"4180143","_score":6.0150156,"_source":{"product":"Debt collection","complaint_what_happened":"XXXX XXXX XXXX, ( XXXX ) XXXX XXXX XXXX XXXX. \nXXXX XXXX, CO XXXX E*TRADE Bank XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX VA XXXX Please take notice as follows : 1. Authority : That this Notice of Dispute of Alleged Debt ( Notice of Dispute ) is sent to you pursuant to Title 15, United States Code Annotated ( U.S.C.A ) 1692 et seq, known as the Fair Debt Collection Practices Act ( FDCPA ), the legislative purpose of which is to protect consumers from abusive, deceptive, and unfair debt collection practices by debt collectors, including alleged E*TRADE Bank , ( XXXX ) XXXX XXXX XXXX, ( XXXX ), and XXXX XXXX, ( XXXX ) and its alter egos acting as a vehicle for FRAUD for these alleged creditors in this CIVIL THEFT ; 2. Your notice of default/debt collection letter dated : XX/XX/XXXX : That we have received on XX/XX/XXXX and read your debt collection letter referenced above, identifying yourself as Servicer and its agent and falsely stating the XXXX and XXXX as Debt Collector of the above-reference false creditor, wherein you allege that we have a debt obligation to the alleged creditor referenced above. \n1 ) Your letter dated XX/XX/XXXX, falsely stated that, the above referenced mortgage account is delinquent ( your ltr. para 1 pg.1 ) Please note that the above referenced loan was rescinded, and your status was changed from secured to unsecured, and was discharged in Bankruptcy Cases. There is no default and you are forever barred to collect on a discharged loan. You are knowingly and intentionally falsifying and misleading, committing bankruptcy discharge violation, because Debts were discharged in Bankruptcy and there was permanent injunction of 524, which forever prevents XXXX, XXXX XXXX, and XXXX et al from collecting a discharged debt. \n2 ) For your information we disputed this debt with XXXX, and XXXX asked for verification and validation of the alleged debt, via Certified Return Requested Mail Number XXXX for XXXX and Certified Return Requested Mail Number XXXX dated XX/XX/XXXX, received by XXXX and XXXX  on XX/XX/XXXX, and on XX/XX/XXXX. In a letter dated XX/XX/XXXX XXXX informed and stated ; The Above reference mortgage account was discharged from the Chapter XXXX Bankruptcy, therefore there is no longer a debt for us to validate XXXX  Letter dated XX/XX/XXXX XXXX ) XXXX  letter of XX/XX/XXXX is in violation of Rescission and Bankruptcy Discharge. We are asking the Bankruptcy Court to act for these violations against XXXX, XXXX, XXXX and all others involved in this civil theft. \n4 ) The subject loan was rescinded within 03 years with, XXXX XXXX XXXX a division of XXXX XXXX XXXX XXXX XXXX, ( XXXX XXXX XXXX ), XXXX Customer Service, ( XXXX ), the prior servicer and XXXX and later as a defense to foreclosure., XXXX XXXXXXXX XXXX XXXX XXXX and XXXX intentionally ignored our rescission notice and failed to act within 20 days window and by operation of law rescission was self-imposed and their status was reduced from secured to unsecured creditors. \n5 ) The subject loan was unsecured and listed as in Bankruptcy cases and was discharged.\n\n6 ) XXXX letter of XX/XX/XXXX is in violation of Rescission, Bankruptcy Discharge, and Bankruptcy laws. \n7 ) XXXX, XXXX  and XXXX  failure to perform as requested showed bad faith and established the fact that XXXX XXXX and XXXX are using abusive, deceptive, false, and unfair collection tactics against us as a consumer. Furthermore, since XXXX, XXXX and XXXX  remained silent to our request or were unable to verify and validate the debt as above, the legal concepts of estoppel by acquiescence and tacit admission came into play whereby the alleged debt was admitted invalid, a nullity, and unenforceable, and thereby repudiated in its entirety ab initio. \n3. Purpose of this notice : That the purpose of this Notice of Dispute is to assert our rights in debt collection under FDCPA 1692 XXXX g ) ( b ) without delay and within thirty ( 30 ) days of our receipt of your aforesaid debt collection letter ; 4. Alleged debt disputed : That we hereby dispute the validity of the alleged debt in its entirety ; 5. Verified documentary evidence requested : That we hereby request you provide us with the following verified ( sworn to by affidavit ) documentary evidence in substantiation of the alleged debt claimed by the alleged creditor referenced in your debt collection letter cited above ; ( a ) Proof of authority : Please provide us with verified ( sworn to by affidavit ) proof of your authority to represent the alleged creditor in this instant matter ; ( b ) Real party in interest : Please verify who the real party in interest and or Person Entitled to Enforce, ( PETE ) is in this debt collection matter, because, XXXX XXXX XXXX and XXXX and XXXX sold this loan as unregistered and unregulated security, using leveraging, therefore neither XXXX XXXX XXXX and XXXX nor XXXX are owners of this DISCHARGED LOAN as stated above ; ( c ) Alleged original creditor. Please provide us with the name and address of the alleged original creditor if different from the alleged creditor identified in your above-mentioned debt collection letter, because, XXXX XXXX XXXX and XXXX and XXXX sold this loan as unregistered and unregulated security, using leveraging, therefore neither XXXX XXXX XXXX and XXXX nor XXXX are owners of this DISCHARGED LOAN as stated above ; ( d ) Alleged original agreement : Please provide us with a verified ( sworn to by affidavit ) copy, both front and back, of the alleged original agreement and any other alleged original instruments in their entirety, including the allonge, affixed to the original alleged agreement for endorsements. Said affidavit is to be sworn to be true, correct, complete, and not misleading, by a properly identified and authorized officer of the alleged creditor, who states that he or she has personal knowledge ( Federal Rules of Evidence [ FRE ] Rule 602 ) of the validity of said alleged original document ( s ). \n( i ) Inspection of document ( s ). Please provide us with the date, time, and place convenient to ( CITY, STATE ), that we can personally inspect the above alleged original agreement, with bond/security with the investors name on it and any other alleged original instruments in their entirety relevant to the above alleged debt with our legal representative and the Court Reporter, and expenses for the said inspection must be remitted to us in advance ; ( ii ) Custodian of document ( s ). Please provide us with the name, title, and address of the natural person custodian of the alleged original agreement and of any other alleged original instruments.\n\n( iii ) Address of physical location of document ( s ). Please provide us with the address of the physical location of the alleged original agreement and any other alleged original instruments if different from ( ii ) above.\n\n( e ) Holder in due course. Please provide us with verified ( sworn to by affidavit ) evidence that the alleged creditor is the party in the instant matter, i.e., holder in due course, and has a perfected interest in the aforesaid alleged agreement and alleged debt ; ( f ) Proof of Value Given : Please provide us with verified ( sworn to by affidavit ) copies, both front and back, of all documents and records with respect to the aforesaid alleged agreement and alleged debt from the beginning, including but not limited to, any and all issued cancelled certified checks, cashiers checks, money equivalents or similar instruments, identified as or evidencing assets provided by the alleged creditor and/or the alleged original creditor to us and indorsed by us ; ( g ) Deposit slip and cancelled check : Please provide us with a verified ( sworn to by affidavit ) copy of the deposit slip for the deposit of my alleged agreement in its entirety by the alleged creditor associated with the above alleged account/file number, and a verified copy of the cancelled check issued by the alleged creditor as payor in payment for our alleged agreement in its entirety and any other alleged related instruments ; ( h ) Affidavit of debt & damages : Please provide us with an affidavit of debt and damages incurred, sworn to be true, correct, complete, and not misleading, by a properly identified and authorized officer of the alleged creditor, hereinafter affiant, upon his or her personal knowledge ( FRE Rule 602 ) stating : ( i ) That the alleged creditor is, indeed, the party and holder in due course and PETE of the aforesaid alleged original agreement in issue and has an enforceable perfected interest therein pursuant to law and in compliance with, or equivalent sections of the Commercial Code of Virginia State, because, XXXX XXXX XXXX  and XXXX and XXXX sold this loan as unregistered and unregulated security, using leveraging, therefore neither XXXX XXXX XXXX and XXXX nor XXXX are owners of this DISCHARGED LOAN as stated above ; ( ii ) That the alleged creditor provided consideration to us, the alleged debtors, from the assets they had on hand before the alleged credit was made, and incurred a financial loss under the full and complete alleged original agreement and alleged debt, and state each and every loss that the alleged creditor has incurred to date under the alleged debt in issue ; and ( iii ) That affiant has personal knowledge ( FRE Rule 602 ) regarding the facts of the alleged debt and is the original custodian of the books of entry, or directly supervises said original custodian of the records.\n\n( j ) Bookkeeping journal / account ledger entries : Please provide us with a verified ( sworn to by affidavit ) copy of the complete set of original bookkeeping journal / account ledger entries associated with our alleged agreement and alleged file/account number using Generally Accepted Accounting Principles, ( GAAP ) per 12 U.S.C. 1831n, showing all debits and credits and identifying the source ( s ) and amount of the credit funds/assets ; Note : The verifying affidavit of journal / account ledger bookkeeping entries, assets side and liability side of the ledgers, is to be completed by the original custodian of the books and records, sworn to be true, correct, complete, and not misleading. Further, said affidavit shall contain positive identification of the custodian, and state that he or she has personal knowledge ( FRE Rule 602 ) of said entries. \n( k ) Assignment contract : Please provide us with verified ( sworn to by affidavit ) proof of an assignment contract in its entirety of the alleged original agreement and the alleged debt in issue from an alleged original creditor, as assignor, to the alleged creditor, as assignee ; ( l ) Proof of authority : Please provide us with a verified ( sworn to by affidavit ) copy of the contract XXXX and its alter ego XXXX has with the alleged original creditor which authorizes XXXX XXXX  and XXXX to engage in collection activities on their behalf against the above alleged account, and naming you, ( XXXX ) as an authorized servicer/collection agent / claims adjuster, after the REMIC Trust was dissolved in XX/XX/XXXX due to major trigger event when XXXX and the Banks were bailed out through the Taxpayers money ; ( m ) Certification of authority : Please provide us with a verified ( sworn to by affidavit ) certificate of authority, authorizing your company XXXX and its alter ego Computershare to transact business in the state of Virginia and a photocopy of your State Department of Commerce and Insurance certificatXXXX XXXX and Malpractice Insurance Policy numbers etc. ; ( n ) Form XXXX : Please provide us with Department of the Treasury Form XXXX Custodian of Documents attached or associated with our alleged original agreement and /or the name and address of said custodian per ( b ) ( ii ) above ; ( o ) Form XXXX : Please provide us with Department of the Treasury Form XXXX  Original Issue Discount, ( XXXX ) for each year the alleged creditor was holder in possession of the alleged original agreement ; ( p ) Vendor sales slips/vouchers : Please provide us with verified ( sworn to by affidavit ) copies of all original sales slips/vouchers from all alleged vendors covering all alleged transactions in the above referenced file/account from its inception to date. \nNote : This Notice of Dispute is not a request for confirmation that you have mere photocopies of alleged documents. We are requesting ONLY VERIFIED DOCUMENTARY EVIDENCE in validation of the alleged debt pursuant to the FDCPA. 6. Warning : That all your communications and omissions will be made a part of and incorporated into any litigation arising from this matter. 7. Time is of the essence ; reply  deadline : That time is of the essence, therefore, we extend to you, RightWay, thirty ( 30 ) days from the date of your receipt of this Notice of Dispute to perform in compliance with verifying the alleged debt as requested above per FDCPA mandates. We will consider a reasonable extension of timeonly to produce verified documentsshould you need more than the thirty ( 30 ) days if you request it in writing to the address above. Your failure to perform as herein requested will show bad faith and will establish the fact that you are using abusive, deceptive, false, and unfair collection tactics against us as a consumer. Furthermore, if you remain silent to this request or are unable to verify the debt as above, the legal concepts of estoppel by acquiescence and tacit admission will come into play whereby the alleged debt will be admitted invalid, a nullity, and unenforceable, and thereby repudiated in its entirety ab initio. In the interim, you are prohibited from any contact with us, the undersigned, except in writing, and only regarding the matters herein expressed. All debt collection activity including litigation is to cease per FDCPA 1692g ( b ) the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt 8. Mandatory reply to undersigned : That all of the above demanded verified evidence, sworn to by a competent witness per FRE Rule 602, should be sent to us, the undersigned, as indicated at the address above within the above-mentioned thirty ( 30 ) days from your receipt of this Notice of Dispute. Please do not send any reply correspondence to us at any other mail location except as below : 9. We hereby object and dispute the alleged debt, because this is the violation of the rescission and Chapter 7 Bankruptcy Discharges, and you and your alleged client can not add any fee and or amount to that, discharged debt ; 10. Please ask your alleged client to provide the following accounting ledgers ; 1 ) Servicers REMITTANCE LEDGER, since inception ; 2 ) Master Servicers REMITTANCE LEDGER, since inception ; 3 ) Trustees REMITTANCE LEDGER, since inception ; 4 ) Distribution Report amount received through and entered in above ledgers ; 5 ) FASB-95, Cash Flow Statement : Please provide us with, FASB-95, Cash Flow Statement. We have an asset that you are holding of ours that you failed to give credit to us, where the alleged creditor has made a mistake, is that they are likely carrying our asset on liability ledger of balance from your accounts receivable. \n6 ) We have already requested to you and your predecessors and are requesting again from you, your alter ego, to go and check the record, asset side ( receivable side ) and liability side ( accounts pay able ) of the accounting ledger.\n\n7 ) On the corporate liability off balance sheet ledgers, there has been a setoff deposited there and while comparing both sets of books, you will see there is a setoff, which is a claim under civil rule 13, which we have timely invoked and are invoking again for the record for future use.\n\n8 ) We signed the promissory note under UCC Article 3 and after securitization it comes under the Article 8 and you and your alleged client have failed to record a debt to us on their liability side of the ledger.\n\n9 ) Your client being the alleged creditor, have waived their status as a creditor when they accepted our tender of payment under UCC 3-409 ( a ) & ( b ) and UCC 3-604 ( a ). \n10 ) You and your alleged client did not adjust their accounting ledger to reflect settlement and closure of the accounts receivable side of the accounting ledger. All you and your alleged client have done is to keep the ledger separate and commit fraud upon fraud, in committing this civil theft. \n11 ) We also request you XXXX, your alter ego XXXX, XXXX its owners, servants, employees and agents to go and see both accounts receivable and accounts payable and to do a setoff under FAS XXXX as the debt is extinguished from the books when we tendered the promissory note to you. Under Article 9 in commercial law everything becomes the cash proceeds. \n12 ) We also request you to produce XXXX registration statement which will indicate that your alleged clients have sold the note and that is a transfer and your alleged client and or its agents are not the real party in interest. \n13 ) The balance sheet, a XXXX, XXXX, and XXXX, have OMB numbers on them which will tell you that Factious entity including XXXX XXXX XXXX, XXXX, XXXX, have sold the note. ( These balance sheets are subject to disclosure under the privacy act, Title 5 USC 552 ( b ) ( 4 ).\n\n14 ) Your alleged clients are required to file balance sheets, under USC 248 and 347 with the Federal Reserve Board. The balance sheets show the assets and liability that you have use in accounting. The liability would be the promissory note. It is liability because it is an asset to us.\n\n15 ) We have decided why to carry the payables on the books if it has been abandoned. Why not write them off and sell them for more cash. Your alleged client and its agents are calling it an offset accounting, but in UCC it is called a recoupment.\n\n16 ) We hereby do a defense in recoupment under UCC 3-305 and a claim under 3-306.\n\n17 ) We have a possessory and property claim against the cash proceeds under the liability side of the ledger.\n\n18 ) As per UCC 3-306, there can not be a holder in due course on the promissory note after your client has deposited it. \n19 ) Your clients are doing an off-balance sheet entry. This means that your clients have taken our note after they sold it, instead of showing it on balance sheet they have moved over to some other entities balance sheet. It is no longer on the banks books and this is called off balance sheet bookkeeping.\n\n20 ) You and your client are not showing the liability side of the ledger or the accounts payable because it has been moved over to someone elses balance sheet.\n\n21 ) Now we are bringing in recoupment on behalf of the real party of interest which are us because we are the real creditor against the liability side of the account.\n\n11. Abusive/Deceptive/Unfair and Deceptive Practices Neither XXXX nor the XXXX, the Servicers, did not comply with all federal and state requirements in connection with the servicing as stated above in paragraphs 1-10 above ; they violated rescission laws and Bankruptcy Discharge and repeatedly sent us notices/letters in violation of FDCPA illegal foreclosure when Deed of Trust, ( DOT ) ) was VOID due to rescission. They were involved in Unfair, Deceptive, or Abusive Acts or Practices, ( UDAAP ) in Collection of Consumer Debts, and failed to comply with any obligations they have under FDCPA, in addition to any obligations to refrain from UDAAPs.We have correctly requested to Consumer Financial Protection Bureau, ( Cfpb ) and requested to take action against, them, for this fraudulent debt, in violation of 15U.S.C. 1692e ( 2 ) ( A ), threatened to take an action that can not legally be taken or that it did not intend to take, in violation of 1692e ( 5 ), and used a false representation or deceptive means to collect or attempt to collect a debt, in violation of 1692e ( 10 ). \nUnder Dodd-Frank Wall Street Reform and Consumer Protection Act ( Dodd-Frank Act ), XXXX XXXX XXXX XXXX, XXXX, XXXX and XXXX and its alter ego are legally required to refrain from committing, UDAAP. XXXX XXXX XXXX, XXXX, XXXX XXXX and XXXX and it alter egos UDAAPs caused significant financial injury to us as consumer, erode confidence, and undermine fair competition in financial marketplace. XXXX XXXX XXXX XXXX, XXXX, XXXX and XXXX and its alter ego under Dodd-Frank Act involved in collecting debt related to any consumer financial product or service are subject to prohibition against UDAAPs in the Dodd-Frank Act. See Dodd-Frank Act, 1002, 1031 & 1036 ( a ), codified at 12 U.S.C. 5481, 5531 & 5536 ( a ). It is prohibited for any person, to knowingly or recklessly provide substantial assistance to a covered person, XXXX XXXX XXXX, XXXX, XXXX XXXX and XXXX and its alter ego or service provider in violating section 1031 of the Dodd-Frank Act. See 1036 ( a ) ( 3 ), 12U.S.C. 5536 ( a ) ( 3 ).\n\n12. Failure to Response/Acquiescence/Admission Please note that in the past we sent to your office and others our, NOTICE OF RESCISSION AS DEFENCE TO FPRECLOSURE PURSUANT TO 11. U.S.C 1635 ( i ) ( 2 ) and the XXXX XXXX XXXX, XXXX, XXXX, XXXX and XXXX and its alter ego without reading it, acknowledged our Rescission Notice and failed to take action required within 20 days as required by the Statue and rescission is self-imposed by operation of law.\n\nYour abusive, deceptive, and unfair debt collection practices by debt collectors ; we have already sent Dispute letter to other actors in this fraud and have not heard any response from them. Your failure to perform as herein requested have shown bad faith and established the fact that you are using abusive, deceptive, false, and unfair collection tactics against us as a consumer. The actual money trail representing the WHOLE accounting for every penny that went in and every penny that went out that related to each loan or was attributable to each loan for which there is no accounting in existence because if it existed it would need to be produced and if it was produced it would be discovered that two things are true ; ( a ) that the balance owed on the obligation of the homeowner had been paid down by resort to undisclosed funds created from the transaction between the borrower and the investor-lenders and ( b ) that far more money went into the system than went out, leaving the intermediaries richer and the investor-lenders and homeowners poorer. \nYour irregularities in the modification /short sale/ foreclosure process reflect deeper failures to document properly changes of ownership as mortgage loans were securitized, sold as unregistered and unregulated security using leveraging. \nXXXX, the servicer for the known securitizations participants do not have any authority to represent the alleged creditor, and could not represent them due to the obvious conflict of interest, to wit : the investor upon learning that a substantial amount of their advance of cash was pocketed by the intermediaries like XXXX XXXX XXXX, XXXX, XXXX and now is left with the mortgage whose nominal value is far below what was paid, and whose fair market value is far below the nominal value, would have potential substantial claims against the securitization participants XXXX XXXX XXXX , XXXX, XXXX for fraud, conversion, breach of contract, and other claims. Fraud upon investors in relevant to borrowers because it is additional evidence of an overall fraud and conversion scheme against us as homeowners, because it tends to show motive and intent in the fraud and conversion claims by the borrowers. \nAccordingly, we hereby rescinded said Mortgage Loan as a full and complete defense to your any illegal intent to illegally foreclose based on a VOID Instrument ( DOT XXXX on our promissory residence pursuant to 11 U.S.C 1635 ( i ) ( 2 ), when we are not in default. Through the Qualified Written Request, ( QWR ) and other Dispute, and Cease and Desist letters/Notices, we have requested accountings, ledgers and other information were not provided by the XXXX XXXX XXXX XXXX, XXXX  and XXXX. See Supra pg.7 para 10.\n\nPlease see also Bankruptcy Cases, 08-18049-RGM Dkt.19 pg.8 of 39 ; Case No. 13-14502-RGM Dkt.20 pgs. 7, 8 and 18 ; and case no.20-12093-KHK Dkt.7 pg.20, 30 and items,2.7, 2.36, 2,37 and 2.38. You are knowingly and intentionally falsifying and misleading, committing bankruptcy discharge violation, because Debts were discharged in Bankruptcy and there was permanent injunction of XXXX, which forever prevents XXXX, XXXX XXXX, and XXXX XXXX al from collecting a discharged debt. \n\n13. XXXX XXXX XXXX XXXX, XXXX, XXXX ( previous servicer ) and XXXX ( current servicer ) did not comply with all federal and state requirements in connection with their servicing as stated above in paragraphs above. XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX violated rescission laws, bankruptcy laws, bankruptcy discharge and repeatedly threatened to schedule for illegal foreclosure when Deed of Trust, ( DOT ) was VOID due rescission. Id XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX were involved in Unfair, Deceptive, or Abusive Acts or Practices, ( UDAAP ) in Collection of Consumer Debts, and failed to comply with any obligations they have under FDCPA, in addition to any obligations to refrain from UDAAPs. \n14. The claim that we ( originator and maker ) can make is set off because XXXX XXXX XXXX XXXX, XXXX XXXX XXXX has sold an unregistered note and can not be a holder in due course because they are taking it subject to administrative and commercial claims. They have created a mortgage purchase loan ( 16 CFR 433.1 ). This whole process is not about mortgage at all, because they have sold the note and received the funds and closed the account by assuming, they have repaid the originator ( us ) on the loan. If they have already repaid the originator ( us ) on the loan, the living man who signed the note, then the whole thing is closed. \n15. We request XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX to go and check both sets of books and to do the setoff as we are bringing the offsetting claim under the rules of procedure as they have waived their status as a creditor when they accepted our tender of payment under UCC 3-409 ( a ) & ( b ) and UCC 3-604 ( a ) and failed to adjust their accounting ledger to reflect settlement and closure of the accounts receivable side of the ledger. \n16. XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX are not applying the correct accounting entries under GAAP and GAAS and not giving the claim to us, as we have the processionary right in the instrument and its proceeds under section 3-306 of the UCC. \n17. If XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX, and their agents have valid authority from the creditor to proceed in this matter, please note that the subject loan has been rescinded, under TILA within three years and as a defense to foreclosure and alleged creditors status has been reduced from secured to unsecured creditor and discharged in chapter 7 bankruptcy.\n\n18. Since you or your alleged creditor failed to dispute the rescission or take the requisite next steps within 20 days and rescission is self-imposed and you and your alleged creditor is in violation of TILA again.\n\n19. Upon serving the notice of rescission, the TILA statute and Regulation Z states that by operation of the law, the security interest automatically becomes void and the debtor is relieved of any obligation to pay any finance or other charge ( 15 U.S.C. 1635 ( b ), Reg. Z 226.15 ( d ) ( 1 ), 226.23 ( d ) ( 1 ) ). \n20. Our Notice of Rescission has reduced XXXX XXXX XXXX XXXX, XXXX XXXX XXXX  and other alleged creditors, as unsecured creditors. The facts and circumstances that we filed a copy of the notice of rescission as a defense to foreclosure. Thus, since the security interest is automatically voided per TILA and Regulation Z upon rescission, the mortgage note is no longer secured, classified as unsecured and discharge in bankruptcy. \n21. In addition, please provide a complete and itemized transaction history of the subject loan [ discharge in bankruptcy ] that we are entitled to under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g.\n\n22. We dispute that we are in default since there seems to be irregularities in how payments have been applied as well as escalated fees and charges, when the loan is performing and is in the trust per your statements. \n23. We are unable to resolve the dispute as to the balance claimed due without the life of bankruptcy discharge loan history and an explanation of how any late fees or other administrative fees have been assessed and applied.\n\n24. YOU ARE HEREBY ON NOTICE THAT XXXX XXXX XXXX AND XXXX XXXX XXXX ARE DISPUTING THIS ALLEGED DEBT, WHICH WAS DISCHARGED IN OUR CHAPTER XXXX BANKRUPTCY, AND XXXX XXXX XXXX XXXX, XXXX XXXX XXXX AND ITS ALTER EGO ARE IN VIOLATION OF BANKRUPTCY DISCHARGE THROUGH XXXX ; 1 ) PLEASE CEASE & DESIST YOUR ILLEGAL COLLECTION ACTIVITIES AND ANY INTENT TO TAKE ANY ILLEGAL ACTION INCLUDING WRONGFUL AND ILLEGAL FORECLOSURE ACTION BASED ON A VOID INSTRUMENT, DISCHARGE LOAN, AND REFRAIN FROM ILLEGAL ATTEMPTS TO COLLECT ON A RESCINDED AND DISCHARGED LOAN PURSUANT TO BANKRUPTCY RULES AND TILA AND AS A DEFENSE TO FORECLOSURE, REPEATEDLY RECEIVED BY XXXX XXXX XXXX XXXX XXXX, XXXX and XXXX AND ITS PREDECESSORS, THEIR AGENTS, SERVENTS AND EMPLOYEES. \nXXXX ) IN ADDITION, WE ARE DISPUTING THE DEBT ALLEGEDLY OWED TO YOUR ALLEGED OWNER BECAUSE YOU, ARE JUST THE SERVICERS AGENT AND WHEN THE LOAN IS SECURITIZED AND IS IN REMIC TRUST, WE ARE NOT DEALING WITH ANY LENDER/CREDITOR, BECAUSE REMIC TRUSTS DO NOT HAVE LENDERS/CREDITORS, AS FALSELY STATED BY YOU IN YOUR LETTER CITED ABOVE. \n3 ) WE ARE REQUESTING PROOF OF OWNERSHIP AND/OR ENTITLEMENT RIGHT, WITH ALL REQUEST MADE ABOVE IN EACH PARA ABOVE.\n\n4 ) PLEASE REMOVED THE, VOID DEED OF TRUST FROM THE LANDS RECORD Signed with reservation of all rights, Respectfully yours __-sd-___________ _-sd-___________ XXXX  XXXX & XXXX XXXX XXXX","date_sent_to_company":"2021-03-04T21:39:13.000Z","issue":"False statements or representation","sub_product":"Mortgage debt","zip_code":"20148","tags":"Older American","has_narrative":true,"complaint_id":"4180143","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"E*TRADE BANK","date_received":"2021-03-03T18:48:04.000Z","state":"VA","company_public_response":null,"sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["They were involved in Unfair, Deceptive, or Abusive Acts or Practices, ( UDAAP ) in Collection of Consumer Debts, and 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