{"took":425,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":19,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"9621992","_score":7.693601,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Dear Sir/Madam, I am writing to formally file a complaint against XXXX, TransUnion, and XXXX regarding inaccurate and misleading information on my credit reports. Despite my attempts to resolve these issues directly with the credit reporting agencies, I have been unable to obtain satisfactory results. \n\nThe inaccuracies on my credit report include : 1. Non-mailable Addresses : There are additional non-mailable addresses listed on my credit report which are incorrect and misleading. \n2. Unauthorized Inquiries : I have received several inquiries on my report from which I did not benefit. These inquiries are adversely affecting my credit score. \n3. Inaccurate Opened Dates : Certain accounts on my credit report are reporting incorrect opened dates. \n4. Collections Reporting : I have collections listed on my credit report for which I never received a 1099-C form. According to the IRS, a collection is considered income and should not be reported on a consumer report if not properly documented. \n\nThe Fair Credit Reporting Act ( FCRA ) mandates that credit reporting agencies must ensure the accuracy and privacy of information included in consumer reports. Under the FCRA, specifically 15 U.S.C. 1681 et seq., the following key definitions and provisions apply : 15 U.S.C. 1681a : Definitions and rules of construction.\n\n15 U.S.C. 1681b : Permissible purposes of consumer reports.\n\n15 U.S.C. 1681c : Requirements relating to information contained in consumer reports.\n\n15 U.S.C. 1681d : Disclosure of investigative consumer reports.\n\n15 U.S.C. 1681e : Compliance procedures.\n\n15 U.S.C. 1681f : Disclosures to governmental agencies.\n\n15 U.S.C. 1681g : Disclosure to consumers.\n\n15 U.S.C. 1681h : Conditions and form of disclosure to consumers.\n\n15 U.S.C. 1681i : Procedure in case of disputed accuracy.\n\nAdditionally, the Gramm-Leach-Bliley Act ( GLBA ) provides further consumer protections under 15 U.S.C. 6801-6805 : 15 U.S.C. 6801 : Protection of nonpublic personal information.\n\n15 U.S.C. 6802 : Obligations with respect to disclosures of personal information.\n\n15 U.S.C. 6803 : Disclosure of institutions privacy policy.\n\n15 U.S.C. 6804 : Rulemaking authority.\n\n15 U.S.C. 6805 : Enforcement. \n\nXXXX, TransUnion, and XXXX have failed to perform their duties as required under the FCRA and the GLBA by not conducting thorough investigations into the inaccuracies I have disputed. Their negligence in this matter is causing undue harm to my creditworthiness and financial well-being. \n\nI request that the CFPB investigates these violations thoroughly and ensure that the credit reporting agencies correct the inaccuracies on my credit reports. I also request that they remove any unauthorized inquiries, incorrect opened dates, and collections that were improperly reported. \n\nThank you for your attention to this urgent matter. I look forward to a prompt and fair resolution. \n\n\n\nTransUnion Account # XXXX High Balance {$460.00} Last Verified XX/XX/XXXX Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$270.00} Closed Date -- Account Rating Open Account Description Individual Dispute Status Account not disputed Creditor Type Bank Credit Cards Account Status Open Payment Status Current Creditor Remarks -- Original Creditor -- Payment Amount {$25.00} Last Payment XX/XX/XXXX Term Length -- Past Due Amount {$0.00} Account Type Credit Card Payment Frequency Credit Limit {$300.00} XXXX Account # XXXX High Balance {$460.00} Last Verified -- Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$270.00} Closed Date -- Account Rating Open Account Description Individual Dispute Status Account not disputed Creditor Type Bank Credit Cards Account Status Open Payment Status Current Creditor Remarks -- Original Creditor -- Payment Amount {$25.00} Last Payment XX/XX/XXXX Term Length -- Past Due Amount {$0.00} Account Type Credit Card Payment Frequency Credit Limit {$300.00} XXXX Account XXXX XXXX High Balance {$0.00} Last Verified -- Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$270.00} Closed Date -- Account Rating Open Account Description Individual Dispute Status Account not disputed Creditor Type All Banks Account Status Open Payment Status Current Creditor Remarks Credit card Amount in H/C column is credit limit Original Creditor -- Payment Amount {$25.00} Last Payment XX/XX/XXXX Term Length -- Past Due Amount {$0.00} Account Type Credit Card Payment Frequency Credit Limit {$300.00} TransUnion Account XXXX XXXX High Balance {$380.00} Last Verified XX/XX/XXXX Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$380.00} Closed Date XX/XX/XXXX Account Rating Derogatory Account Description Individual Dispute Status Account not disputed Creditor Type CXXXX XXXX XXXX XXXX Account Status Closed Payment Status Collection/Chargeoff Creditor Remarks Charged off as bad debt Profit and loss write-off Original Creditor -- Payment Amount {$0.00} Last Payment XX/XX/XXXX Term Length -- Past Due Amount {$380.00} Account Type Charge account Payment Frequency Credit Limit {$300.00} XXXX  Account # XXXX High Balance {$0.00} Last Verified -- Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$380.00} Closed Date -- Account Rating Derogatory Account Description Individual Dispute Status Account not disputed Creditor Type Complete Department Stores- Clothing Account Status Closed Payment Status Collection/Chargeoff Creditor Remarks Unpaid balance reported as a loss by the credit grantor . \nOriginal Creditor -- Payment Amount {$0.00} Last Payment XX/XX/XXXX Term Length -- Past Due Amount {$380.00} Account Type Charge account Payment Frequency Credit Limit {$300.00} XXXX Account # XXXX High Balance {$380.00} Last Verified -- Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$380.00} Closed Date -- Account Rating Derogatory Account Description Individual Dispute Status Account not disputed Creditor XXXX XXXX XXXX XXXX XXXX XXXX Account Status Closed Payment Status Collection/Chargeoff Creditor Remarks Charged off account Charge Original Creditor -- Payment Amount {$0.00} Last Payment XX/XX/XXXX Term Length -- Past Due Amount {$380.00} Account Type Charge account Payment Frequency Credit XXXX {$0.00} TransUnion Account # XXXX XXXX Balance {$10000.00} Last Verified XX/XX/XXXX Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$8100.00} Closed Date -- Account Rating Open Account Description Individual Dispute Status Account not disputed Creditor Type Credit Unions Account Status Open Payment Status Late 30 Days Creditor Remarks -- Original Creditor -- Payment Amount {$170.00} Last Payment XX/XX/XXXX Term Length 73 Month ( XXXX ) Past Due Amount {$170.00} Account Type Auto Loan Payment Frequency Monthly ( every month ) Credit Limit {$0.00} XXXX Account # XXXX High Balance {$10000.00} Last Verified -- Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$8100.00} Closed Date -- Account Rating Open Account Description Individual Dispute Status Account not disputed Creditor Type Credit Unions Account Status Open Payment Status Late 30 Days Creditor Remarks -- Original Creditor -- Payment Amount {$170.00} Last Payment XX/XX/XXXX Term Length 73 Month ( s ) Past Due Amount {$170.00} Account Type Auto Loan Payment Frequency Credit Limit {$0.00} XXXX Account XXXX XXXX High Balance {$10000.00} Last Verified -- Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$8100.00} Closed Date -- Account Rating Open Account Description Individual Dispute Status Account not disputed Creditor Type Credit Unions Account Status Open Payment Status Late 30 Days Creditor Remarks Auto Original Creditor -- Payment Amount {$170.00} Last Payment XX/XX/XXXX Term Length -- Past Due Amount {$170.00} Account Type Auto Loan Payment Frequency Credit Limit {$0.00} TransUnion Account XXXX XXXX High Balance {$270.00} Last Verified XX/XX/XXXX Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$270.00} Closed Date XX/XX/XXXX Account Rating Derogatory Account Description Individual Dispute Status Account not disputed Creditor Type Cellular Telephone/Paging Companies Account Status Closed Payment Status Collection/Chargeoff Creditor Remarks Collection Account Placed for collection Original Creditor -- Payment Amount {$0.00} Last Payment -- Term Length -- Past Due Amount {$270.00} Account Type Telecommunications/Cellular Payment Frequency Credit Limit {$0.00} XXXX Account XXXX XXXX XXXX XXXX {$270.00} XXXX XXXX XXXX Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$270.00} Closed Date -- Account Rating Derogatory Account Description Individual Dispute Status Account not disputed Creditor Type Wireless Telephone Service Providers Account Status Closed Payment Status Collection/Chargeoff Creditor Remarks Account seriously past due date/account assigned to attorney, collection agency, or credit grantor 's internal collection department. \nOriginal Creditor -- Payment Amount {$0.00} Last Payment -- Term Length 1 Month ( XXXX ) Past Due Amount {$270.00} Account Type Unknown - credit extension, review, or collection Payment Frequency Credit Limit {$0.00} XXXX Account # XXXX High Balance {$270.00} Last Verified -- Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$270.00} Closed Date -- Account Rating Derogatory Account Description Individual Dispute Status Account not disputed Creditor Type Telephone Companies Account Status Open Payment Status Late 120 Days Creditor Remarks Collection account Telecommunications/cellular Original Creditor -- Payment Amount {$0.00} Last Payment XX/XX/XXXX Term Length -- Past Due Amount {$270.00} Account Type Collection Payment Frequency Credit Limit {$0.00}","date_sent_to_company":"2024-07-27T00:18:31.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"89103","tags":null,"has_narrative":true,"complaint_id":"9621992","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-07-27T00:18:30.000Z","state":"NV","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["These inquiries are adversely <em>affecting</em> my <em>credit</em> score. \n3. Inaccurate Opened Dates : Certain accounts on my <em>credit</em> report are reporting incorrect opened dates. \n4. Collections Reporting : I have collections listed on my <em>credit</em> report for which I never received a 1099-C form. According to the IRS, a collection is considered income and should not be reported on a consumer report if not properly documented."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[7.693601,"9621992"]},{"_index":"complaint-public-v1","_id":"9652044","_score":5.9229107,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Dear Sir/Madam, I am writing to formally file a complaint against Experian, XXXX, and XXXX regarding inaccurate and misleading information on my credit reports. Despite my attempts to resolve these issues directly with the credit reporting agencies, I have been unable to obtain satisfactory results. \n\nThe inaccuracies on my credit report include : XXXX. Non-mailable Addresses : There are additional non-mailable addresses listed on my credit report which are incorrect and misleading. \nXXXX. Unauthorized Inquiries : I have received several inquiries on my report from which I did not benefit. These inquiries are adversely affecting my credit score. \nXXXX. Inaccurate Opened Dates : Certain accounts on my credit report are reporting incorrect opened dates. \nXXXX. Collections Reporting : I have collections listed on my credit report for which I never received a XXXX form. According to the IRS, a collection is considered income and should not be reported on a consumer report if not properly documented. \n\nThe Fair Credit Reporting Act ( FCRA ) mandates that credit reporting agencies must ensure the accuracy and privacy of information included in consumer reports. Under the FCRA, specifically 15 U.S.C. 1681 et seq., the following key definitions and provisions apply : 15 U.S.C. 1681a : Definitions and rules of construction.\n\n15 U.S.C. 1681b : Permissible purposes of consumer reports.\n\n15 U.S.C. 1681c : Requirements relating to information contained in consumer reports.\n\n15 U.S.C. 1681d : Disclosure of investigative consumer reports.\n\n15 U.S.C. 1681e : Compliance procedures.\n\n15 U.S.C. 1681f : Disclosures to governmental agencies.\n\n15 U.S.C. 1681g : Disclosure to consumers.\n\n15 U.S.C. 1681h : Conditions and form of disclosure to consumers.\n\n15 U.S.C. 1681i : Procedure in case of disputed accuracy.\n\nAdditionally, the Gramm-Leach-Bliley Act ( GLBA ) provides further consumer protections under 15 U.S.C. 6801-6805 : 15 U.S.C. 6801 : Protection of nonpublic personal information.\n\n15 U.S.C. 6802 : Obligations with respect to disclosures of personal information.\n\n15 U.S.C. 6803 : Disclosure of institutions privacy policy.\n\n15 U.S.C. 6804 : Rulemaking authority.\n\n15 U.S.C. 6805 : Enforcement. \n\nExperian, XXXX, and XXXX have failed to perform their duties as required under the FCRA and the GLBA by not conducting thorough investigations into the inaccuracies I have disputed. Their negligence in this matter is causing undue harm to my creditworthiness and financial well-being. \n\nI request that the CFPB investigates these violations thoroughly and ensure that the credit reporting agencies correct the inaccuracies on my credit reports. I also request that they remove any unauthorized inquiries, incorrect opened dates, and collections that were improperly reported. \n\nThank you for your attention to this urgent matter. I look forward to a prompt and fair resolution. \n\n\n\nXXXX Account # XXXX High Balance {$460.00} Last Verified XX/XX/XXXX Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$270.00} Closed Date -- Account Rating Open Account Description Individual Dispute Status Account not disputed Creditor Type Bank Credit Cards Account Status Open Payment Status Current Creditor Remarks -- Original Creditor -- Payment Amount {$25.00} Last Payment XX/XX/XXXX Term Length -- Past Due Amount {$0.00} Account Type Credit Card Payment Frequency Credit Limit {$300.00} Experian Account # XXXX High Balance {$460.00} Last Verified -- Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$270.00} Closed Date -- Account Rating Open Account Description Individual Dispute Status Account not disputed Creditor Type Bank Credit Cards Account Status Open Payment Status Current Creditor Remarks -- Original Creditor -- Payment Amount {$25.00} Last Payment XX/XX/XXXX Term Length -- Past Due Amount {$0.00} Account Type Credit Card Payment Frequency Credit Limit {$300.00} XXXX Account XXXX XXXX High Balance {$0.00} Last Verified -- Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$270.00} Closed Date -- Account Rating Open Account Description Individual Dispute Status Account not disputed Creditor Type All Banks Account Status Open Payment Status Current Creditor Remarks Credit card Amount in H/C column is credit limit Original Creditor -- Payment Amount {$25.00} Last Payment XX/XX/XXXX Term Length -- Past Due Amount {$0.00} Account Type Credit Card Payment Frequency Credit Limit {$300.00} XXXX Account XXXX XXXX High Balance {$380.00} Last Verified XX/XX/XXXX Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$380.00} Closed Date XX/XX/XXXX Account Rating Derogatory Account Description Individual Dispute Status Account not disputed Creditor Type Complete Department Stores- XXXX Account Status Closed Payment Status Collection/Chargeoff Creditor Remarks Charged off as bad debt Profit and loss write-off Original Creditor -- Payment Amount {$0.00} Last Payment XX/XX/XXXX Term Length -- Past Due Amount {$380.00} Account Type Charge account Payment Frequency Credit Limit {$300.00} Experian Account # XXXX High Balance {$0.00} Last Verified -- Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$380.00} Closed Date -- Account Rating Derogatory Account Description Individual Dispute Status Account not disputed Creditor Type Complete Department Stores- Clothing Account Status Closed Payment Status Collection/Chargeoff Creditor Remarks Unpaid balance reported as a loss by the credit grantor . \nOriginal Creditor -- Payment Amount {$0.00} Last Payment XX/XX/XXXX Term Length -- Past Due Amount {$380.00} Account Type Charge account Payment Frequency Credit Limit {$300.00} XXXX Account # XXXX High Balance {$380.00} Last Verified -- Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$380.00} Closed Date -- Account Rating Derogatory Account Description Individual Dispute Status Account not disputed Creditor Type Complete Department Stores - Clothing Account Status Closed Payment Status Collection/Chargeoff Creditor Remarks Charged off account Charge Original Creditor -- Payment Amount {$0.00} Last Payment XX/XX/XXXX Term Length -- Past Due Amount {$380.00} Account Type Charge account Payment Frequency Credit Limit {$0.00} XXXX Account # XXXX XXXX Balance {$10000.00} Last Verified XX/XX/XXXX Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$8100.00} Closed Date -- Account Rating Open Account Description Individual Dispute Status Account not disputed Creditor Type Credit Unions Account Status Open Payment Status Late 30 Days Creditor Remarks -- Original Creditor -- Payment Amount {$170.00} Last Payment XX/XX/XXXX Term Length 73 Month ( XXXX ) Past Due Amount {$170.00} Account Type Auto Loan Payment Frequency Monthly ( every month ) Credit Limit {$0.00} Experian Account # XXXX High Balance {$10000.00} Last Verified -- Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$8100.00} Closed Date -- Account Rating Open Account Description Individual Dispute Status Account not disputed Creditor Type Credit Unions Account Status Open Payment Status Late 30 Days Creditor Remarks -- Original Creditor -- Payment Amount {$170.00} Last Payment XX/XX/XXXX Term Length XXXX Month ( XXXX ) Past Due Amount {$170.00} Account Type Auto Loan Payment Frequency Credit Limit {$0.00} XXXX Account XXXX XXXX High Balance {$10000.00} Last Verified -- Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$8100.00} Closed Date -- Account Rating Open Account Description Individual Dispute Status Account not disputed Creditor Type Credit Unions Account Status Open Payment Status Late 30 Days Creditor Remarks Auto Original Creditor -- Payment Amount {$170.00} Last Payment XX/XX/XXXX Term Length -- Past Due Amount {$170.00} Account Type Auto Loan Payment Frequency Credit Limit {$0.00} XXXX Account XXXX XXXX High Balance {$270.00} Last Verified XX/XX/XXXX Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$270.00} Closed Date XX/XX/XXXX Account Rating Derogatory Account Description Individual Dispute Status Account not disputed Creditor Type Cellular Telephone/Paging Companies Account Status Closed Payment Status Collection/Chargeoff Creditor Remarks Collection Account Placed for collection Original Creditor -- Payment Amount {$0.00} Last Payment -- Term Length -- Past Due Amount {$270.00} Account Type Telecommunications/Cellular Payment Frequency Credit Limit {$0.00} Experian Account XXXX XXXX High Balance {$270.00} Last Verified -XXXX Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$270.00} Closed Date -- Account Rating Derogatory Account Description Individual Dispute Status Account not disputed Creditor Type Wireless Telephone Service Providers Account Status Closed Payment Status Collection/Chargeoff Creditor Remarks Account seriously past due date/account assigned to attorney, collection agency, or credit grantor 's internal collection department.\n\nOriginal Creditor -- Payment Amount {$0.00} Last Payment -- Term Length 1 Month ( s ) Past Due Amount {$270.00} Account Type Unknown - credit extension, review, or collection Payment Frequency Credit Limit {$0.00} XXXX Account # XXXX High Balance {$270.00} Last Verified -- Date of Last Activity XX/XX/XXXX Date Reported XX/XX/XXXX Date Opened XX/XX/XXXX Balance Owed {$270.00} Closed Date -- Account Rating Derogatory Account Description Individual Dispute Status Account not disputed Creditor Type Telephone Companies Account Status Open Payment Status Late 120 Days Creditor Remarks Collection account Telecommunications/cellular Original Creditor -- Payment Amount {$0.00} Last Payment XX/XX/XXXX Term Length -- Past Due Amount {$270.00} Account Type Collection Payment Frequency Credit Limit {$0.00}","date_sent_to_company":"2024-07-27T00:18:22.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"89103","tags":null,"has_narrative":true,"complaint_id":"9652044","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-07-26T23:37:02.000Z","state":"NV","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["These inquiries are adversely <em>affecting</em> my <em>credit</em> score. \nXXXX. Inaccurate Opened Dates : Certain accounts on my <em>credit</em> report are reporting incorrect opened dates. \nXXXX. Collections Reporting : I have collections listed on my <em>credit</em> report for which I never received a XXXX form. According to the IRS, a collection is considered income and should not be reported on a consumer report if not properly documented."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[5.9229107,"9652044"]},{"_index":"complaint-public-v1","_id":"9621989","_score":5.9181194,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Dear Sir/Madam, I am writing to formally file a complaint against XXXX, XXXX, and Equifax regarding inaccurate and misleading information on my credit reports. Despite my attempts to resolve these issues directly with the credit reporting agencies, I have been unable to obtain satisfactory results. \n\nThe inaccuracies on my credit report include : 1. Non-mailable Addresses : There are additional non-mailable addresses listed on my credit report which are incorrect and misleading. \n2. Unauthorized Inquiries : I have received several inquiries on my report from which I did not benefit. These inquiries are adversely affecting my credit score.\n\n3. Inaccurate Opened Dates : Certain accounts on my credit report are reporting incorrect opened dates.\n\n4. Collections Reporting : I have collections listed on my credit report for which I never received a 1099-C form. According to the IRS, a collection is considered income and should not be reported on a consumer report if not properly documented.\n\nThe Fair Credit Reporting Act ( FCRA ) mandates that credit reporting agencies must ensure the accuracy and privacy of information included in consumer reports. Under the FCRA, specifically 15 U.S.C. 1681 et seq., the following key definitions and provisions apply : 15 U.S.C. 1681a : Definitions and rules of construction.\n\n15 U.S.C. 1681b : Permissible purposes of consumer reports.\n\n15 U.S.C. 1681c : Requirements relating to information contained in consumer reports.\n\n15 U.S.C. 1681d : Disclosure of investigative consumer reports.\n\n15 U.S.C. 1681e : Compliance procedures.\n\n15 U.S.C. 1681f : Disclosures to governmental agencies.\n\n15 U.S.C. 1681g : Disclosure to consumers.\n\n15 U.S.C. 1681h : Conditions and form of disclosure to consumers.\n\n15 U.S.C. 1681i : Procedure in case of disputed accuracy.\n\nAdditionally, the Gramm-Leach-Bliley Act ( GLBA ) provides further consumer protections under 15 U.S.C. 6801-6805 : 15 U.S.C. 6801 : Protection of nonpublic personal information.\n\n15 U.S.C. 6802 : Obligations with respect to disclosures of personal information.\n\n15 U.S.C. 6803 : Disclosure of institutions privacy policy.\n\n15 U.S.C. 6804 : Rulemaking authority.\n\n15 U.S.C. 6805 : Enforcement.\n\nXXXX XXXX, and Equifax have failed to perform their duties as required under the FCRA and the GLBA by not conducting thorough investigations into the inaccuracies I have disputed. Their negligence in this matter is causing undue harm to my creditworthiness and financial well-being.\n\nI request that the CFPB investigates these violations thoroughly and ensure that the credit reporting agencies correct the inaccuracies on my credit reports. I also request that they remove any unauthorized inquiries, incorrect opened dates, and collections that were improperly reported.\n\nThank you for your attention to this urgent matter. I look forward to a prompt and fair resolution.\n\nXXXX Account # 517805****** High Balance {$460.00} Last Verified 6/18/2024 Date of Last Activity 6/18/2024 Date Reported 6/18/2024 Date Opened 8/30/2022 Balance Owed {$270.00} Closed Date -- Account Rating Open Account Description Individual Dispute Status Account not disputed Creditor Type Bank Credit Cards Account Status Open Payment Status Current Creditor Remarks -- Original Creditor -- Payment Amount {$25.00} Last Payment 6/8/2024 Term Length -- Past Due Amount {$0.00} Account Type Credit Card Payment Frequency Credit Limit {$300.00} XXXX  Account # 517805****** High Balance {$460.00} Last Verified -- Date of Last Activity 11/1/2023 Date Reported 6/18/2024 Date Opened 8/1/2022 Balance Owed {$270.00} Closed Date -- Account Rating Open Account Description Individual Dispute Status Account not disputed Creditor Type Bank Credit Cards Account Status Open Payment Status Current Creditor Remarks -- Original Creditor -- Payment Amount {$25.00} Last Payment 6/8/2024 Term Length -- Past Due Amount {$0.00} Account Type Credit Card Payment Frequency Credit Limit {$300.00} Equifax Account # 517805****** High Balance {$0.00} Last Verified -- Date of Last Activity 6/1/2024 Date Reported 6/1/2024 Date Opened 8/1/2022 Balance Owed {$270.00} Closed Date -- Account Rating Open Account Description Individual Dispute Status Account not disputed Creditor Type All Banks Account Status Open Payment Status Current Creditor Remarks Credit card Amount in H/C column is credit limit Original Creditor -- Payment Amount {$25.00} Last Payment 6/1/2024 Term Length -- Past Due Amount {$0.00} Account Type Credit Card Payment Frequency Credit Limit {$300.00} XXXX Account # 639305********** High Balance {$380.00} Last Verified 3/31/2023 Date of Last Activity 12/12/2022 Date Reported 3/31/2023 Date Opened 3/19/2022 Balance Owed {$380.00} Closed Date 12/12/2022 Account Rating Derogatory Account Description Individual Dispute Status Account not disputed Creditor Type Complete Department Stores- Clothing Account Status Closed Payment Status Collection/Chargeoff Creditor Remarks Charged off as bad debt Profit and loss write-off Original Creditor -- Payment Amount {$0.00} Last Payment 7/25/2022 Term Length -- Past Due Amount {$380.00} Account Type Charge account Payment Frequency Credit Limit {$300.00} XXXX Account # 639305********** High Balance {$0.00} Last Verified -- Date of Last Activity 3/1/2023 Date Reported 3/31/2023 Date Opened 3/1/2022 Balance Owed {$380.00} Closed Date -- Account Rating Derogatory Account Description Individual Dispute Status Account not disputed Creditor Type Complete Department Stores- Clothing Account Status Closed Payment Status Collection/Chargeoff Creditor Remarks Unpaid balance reported as a loss by the credit grantor .\n\nOriginal Creditor -- Payment Amount {$0.00} Last Payment 7/25/2022 Term Length -- Past Due Amount {$380.00} Account Type Charge account Payment Frequency Credit Limit {$300.00} Equifax Account # 639305********** High Balance {$380.00} Last Verified -- Date of Last Activity 10/1/2022 Date Reported 3/1/2023 Date Opened 3/1/2022 Balance Owed {$380.00} Closed Date -- Account Rating Derogatory Account Description Individual Dispute Status Account not disputed Creditor Type Complete Department Stores - Clothing Account Status Closed Payment Status Collection/Chargeoff Creditor Remarks Charged off account Charge Original Creditor -- Payment Amount {$0.00} Last Payment 10/1/2022 Term Length -- Past Due Amount {$380.00} Account Type Charge account Payment Frequency Credit Limit {$0.00} XXXX Account # 337351* High Balance {$10000.00} Last Verified 6/30/2024 Date of Last Activity 6/30/2024 Date Reported 6/30/2024 Date Opened 5/5/2022 Balance Owed {$8100.00} Closed Date -- Account Rating Open Account Description Individual Dispute Status Account not disputed Creditor Type Credit Unions Account Status Open Payment Status Late 30 Days Creditor Remarks -- Original Creditor -- Payment Amount {$170.00} Last Payment 6/22/2024 Term Length 73 Month ( s ) Past Due Amount {$170.00} Account Type Auto Loan Payment Frequency Monthly ( every month ) Credit Limit {$0.00} XXXX Account # 337351* High Balance {$10000.00} Last Verified -- Date of Last Activity 4/1/2024 Date Reported 6/30/2024 Date Opened 5/1/2022 Balance Owed {$8100.00} Closed Date -- Account Rating Open Account Description Individual Dispute Status Account not disputed Creditor Type Credit Unions Account Status Open Payment Status Late 30 Days Creditor Remarks -- Original Creditor -- Payment Amount {$170.00} Last Payment 6/22/2024 Term Length 73 Month ( s ) Past Due Amount {$170.00} Account Type Auto Loan Payment Frequency Credit Limit {$0.00} Equifax Account # 337351* High Balance {$10000.00} Last Verified -- Date of Last Activity 4/1/2024 Date Reported 6/1/2024 Date Opened 5/1/2022 Balance Owed {$8100.00} Closed Date -- Account Rating Open Account Description Individual Dispute Status Account not disputed Creditor Type Credit Unions Account Status Open Payment Status Late 30 Days Creditor Remarks Auto Original Creditor -- Payment Amount {$170.00} Last Payment 4/1/2024 Term Length -- Past Due Amount {$170.00} Account Type Auto Loan Payment Frequency Credit Limit {$0.00} XXXX  Account # 973854******** High Balance {$270.00} Last Verified 6/30/2024 Date of Last Activity 10/31/2022 Date Reported 6/30/2024 Date Opened 4/25/2022 Balance Owed {$270.00} Closed Date 10/31/2022 Account Rating Derogatory Account Description Individual Dispute Status Account not disputed Creditor Type Cellular Telephone/Paging Companies Account Status Closed Payment Status Collection/Chargeoff Creditor Remarks Collection Account Placed for collection Original Creditor -- Payment Amount {$0.00} Last Payment -- Term Length -- Past Due Amount {$270.00} Account Type Telecommunications/Cellular Payment Frequency Credit Limit {$0.00} XXXX Account # 973854******** High Balance {$270.00} Last Verified -- Date of Last Activity 10/1/2022 Date Reported 6/30/2024 Date Opened 4/1/2022 Balance Owed {$270.00} Closed Date -- Account Rating Derogatory Account Description Individual Dispute Status Account not disputed Creditor Type Wireless Telephone Service Providers Account Status Closed Payment Status Collection/Chargeoff Creditor Remarks Account seriously past due date/account assigned to attorney, collection agency, or credit grantor 's internal collection department.\n\nOriginal Creditor -- Payment Amount {$0.00} Last Payment -- Term Length 1 Month ( s ) Past Due Amount {$270.00} Account Type Unknown - credit extension, review, or collection Payment Frequency Credit Limit {$0.00} Equifax Account # 973854******** High Balance {$270.00} Last Verified -- Date of Last Activity 6/1/2022 Date Reported 6/1/2024 Date Opened 4/1/2022 Balance Owed {$270.00} Closed Date -- Account Rating Derogatory Account Description Individual Dispute Status Account not disputed Creditor Type Telephone Companies Account Status Open Payment Status Late 120 Days Creditor Remarks Collection account Telecommunications/cellular Original Creditor -- Payment Amount {$0.00} Last Payment 6/1/2022 Term Length -- Past Due Amount {$270.00} Account Type Collection Payment Frequency Credit Limit {$0.00}","date_sent_to_company":"2024-07-27T00:18:31.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"89103","tags":null,"has_narrative":true,"complaint_id":"9621989","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-07-27T00:18:30.000Z","state":"NV","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["These inquiries are adversely <em>affecting</em> my <em>credit</em> score.\n\n3. Inaccurate Opened Dates : Certain accounts on my <em>credit</em> report are reporting incorrect opened dates.\n\n4. Collections Reporting : I have collections listed on my <em>credit</em> report for which I never received a 1099-C form. According to the IRS, a collection is considered income and should not be reported on a consumer report if not properly documented."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[5.9181194,"9621989"]},{"_index":"complaint-public-v1","_id":"8227107","_score":5.106121,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX XXXX has violated their own terms and conditions, which states they will not share your information with 3rd party affiliates without your written permission in which I have never given XXXX XXXX XXXX XXXX written permission to share my bank information which consist of my transaction history ( It is against the law to share transaction history- that is ILLEGAL ), opening of my accounts, types of accounts, full name, address, phone #, SSN, date of birth, driver license #, etc. Due to the said actions of XXXX XXXX XXXX XXXX, I have faced socioeconomic discrimination in regard to credit transactions and I have been injured by the furnishings ( of my non-public personal information provided to a financial institution ) of the respondent. I have been denied credit and access to my human right of realization pursuant to 42 USC 1981. Pursuant to 15 USC 1681b Permissible Purposes ( 2 ), the respondent was never granted written consent. If in any way the respondent was granted written consent, it was granted to the respondent by way of extrinsic fraud and I the consumer rescind the respondent 's authority. Per the FCRA, the term consumer report does not include : Any report containing information solely about transactions or experiences between the consumer and the institution making the report any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device. XXXX XXXX XXXX XXXX has furnished my transaction history to credit reporting agencies. These actions have caused socioeconomic discrimination against me for I have been denied credit transactions due to the furnishing of the respondent. I the consumer has never received a privacy notice. Privacy notices must be clear and conspicuous, meaning they must be reasonably understandable and designed to call attention to the nature and significance of the information contained in the notice. The regulation does not prescribe specific methods for making a notice clear and conspicuous but does provide examples of ways in which to achieve the standard, such as the use of short explanatory sentences or bullet lists and the use of plain-language headings and easily readable typeface and type size. Privacy notices also must accurately reflect the institutions privacy practices per Regulation P - Privacy of Consumer Financial Information. I would hope they heavily consider their oath whereas it states \" I solemnly swear that I will support the Constitution of the United States, that I will faithfully discharge the duties of the office of attorney, and that I will conduct myself at all times with integrity and civility. '' Any action against this oath is misconduct and actionable per se.The 3rd parties who received this information are Early Warning Services, XXXX, XXXX, and XXXX. As the consumer I feel betrayed and mislead that this was taking place without my knowledge and most importantly my consent. These unfair and misleading practices have caused me both emotional and physical harm. I have made attempts to do business with other banks only to be told that they can not proceed with opening a bank account in my name due to reports received and the system not allowing them to move forward.. This is a violation of Privacy Act of 1974 - establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifier assigned to the individual. The Privacy Act requires that agencies give the public notice of their systems of records by publication in the Federal Register. The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to one of twelve statutory exceptions. The Act also provides individuals with a means by which to seek access to and amendment of their records, and sets forth various agency record-keeping requirements. Fair Credit Reporting Act - The Act ( Title VI of the Consumer Credit Protection Act ) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report can not be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The Fair and Accurate Credit Transactions Act added many provisions to this Act primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau most of the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains all its enforcement authority. 15 U.S. Code 1681- Congressional findings and statement of purpose - Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 15 U.S. Code 6801 - Protection of nonpublic personal information- ( a ) Privacy obligation policy : It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. ( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information - Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title : ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. ( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. ( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S.C. 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law. 15 U.S. Code 6803 - Disclosure of institution privacy policy- ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers. ( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title. ( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to nonaffiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title.\n\n( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer. ( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section. ( 3 ) Definitions For purposes of this subsection, the term State means any State or\nterritory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, or the Northern Mariana Islands. ( e ) Model forms ( 1 ) In general The agencies referred to in section 6804 ( a ) ( 1 ) of this title shall jointly develop a model form which may be used, at the option of the financial institution, for the provision of disclosures under this section. ( 2 ) Format A model form developed under paragraph ( 1 ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font. ( 3 ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX. ( 4 ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. ( f ) Exception to annual notice requirement A financial institution that ( 1 ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( 2 ) or ( e ) of section 6802 of this title or regulations prescribed under section 6804 ( b ) of this title, and ( 2 ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( 1 ) or ( 2 ). 15 U.S. Code 6804 - Rulemaking - ( a ) Regulatory authority ( 1 ) Rulemaking ( A ) In general Except as provided in subparagraph ( C ), the Bureau of Consumer Financial Protection and the Securities and Exchange Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to their respective jurisdiction under section 6805 of this title ( and notwithstanding subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ] ), except that the Bureau of Consumer Financial Protection shall not have authority to prescribe regulations with respect to the standards under section 6801 of this title.\n\n( B ) CFTC The Commodity Futures Trading Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to the jurisdiction of the Commodity Futures Trading Commission under section 7b2 of title 7. ( C ) Federal Trade Commission authority Notwithstanding the authority of the Bureau of Consumer Financial Protection under subparagraph ( A ), the Federal Trade Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to any financial institution that is a person described in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ]. ( D ) Rule of construction Nothing in this paragraph shall be construed to alter, affect, or otherwise limit the authority of a State insurance authority to adopt regulations to carry out this subchapter. ( 2 ) Coordination, consistency, and comparability Each of the agencies authorized under paragraph ( 1 ) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with [ 1 ] representatives of State insurance authorities designated by the National Association of Insurance Commissioners, for the purpose of assuring, to the extent possible, that the regulations prescribed by each such agency are consistent and comparable with the regulations prescribed by the other such agencies. ( 3 ) Procedures and deadline Such regulations shall be prescribed in accordance with applicable requirements of title 5. ( b ) Authority to grant exceptions The regulations prescribed under subsection ( a ) may include such additional exceptions to subsections ( a ) through ( d ) of section 6802 of this title as are deemed consistent with the purposes of this subchapter. 15 U.S. Code 6805 - Enforcement - ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Under section 1818 of title 12, by the appropriate Federal banking agency, as defined in section 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries or affiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ). ( 2 ) Under the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Board of the National Credit Union Administration with respect to any federally insured credit union, and any subsidiaries of such an entity. ( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer.\n\n( 4 ) Under the Investment Company Act of 1940 [ 15 U.S.C. 80a1 et seq. ], by the Securities and Exchange Commission with respect to investment companies. ( 5 ) Under the Investment Advisers Act of 1940 [ 15 U.S.C. 80b1 et seq. ], by the Securities and Exchange Commission with respect to investment advisers registered with the Commission under such Act. ( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled, subject to section 6701 of this title. ( 7 ) Under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq. ], by the Federal Trade Commission for any other financial institution or other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection. ( 8 ) Under subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau of Consumer Financial Protection, in the case of any financial institution and other covered person o\nr service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards under section 6801 of this title. ( b ) Enforcement of section 6801 ( 1 ) In general Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau of Consumer Financial Protection, shall implement the standards prescribed under section 6801 ( b ) of this title in the same manner, to the extent practicable, as standards prescribed pursuant to section 1831p1 ( a ) of title 12 are implemented pursuant to such section. ( 2 ) Exception The agencies and authorities described in paragraphs ( 3 ), ( 4 ), ( 5 ), ( 6 ), and ( 7 ) of subsection ( a ) shall implement the standards prescribed under section 6801 ( b ) of this title by rule with respect to the financial institutions and other persons subject to their respective jurisdictions under subsection ( a ). ( c ) Absence of State action If a State insurance authority fails to adopt regulations to carry out this subchapter, such State shall not be eligible to override, pursuant to section 1831x ( g ) ( 2 ) ( B ) ( iii ) of title 12, the insurance customer protection regulations prescribed by a Federal banking agency under section 1831x ( a ) of title 12. ( d ) Definitions The terms used in subsection ( a ) ( 1 ) that are not defined in this subchapter or otherwise defined in section 1813 ( s ) of title 12 shall have the same meaning as given in section 3101 of title 12. 16 CFR Part 313 - PART 313PRIVACY OF CONSUMER FINANCIAL INFORMATION. 16 CFR 433.1 - Definitions. 16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices- In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. Or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before November 1, 1977 from requirements of 433.2 ( a ). - ( a ) Any seller who has taken or received an open end consumer credit contract before November 1, 1977, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract.","date_sent_to_company":"2024-01-26T04:03:54.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"23225","tags":null,"has_narrative":true,"complaint_id":"8227107","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Early Warning Services, LLC","date_received":"2024-01-26T04:03:50.000Z","state":"VA","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>Union</em> Act [ 12 U.S.C. 1751 et seq. ], by the Board of the National <em>Credit</em> <em>Union</em> Administration with respect to any federally insured <em>credit</em> <em>union</em>, and any subsidiaries of such an entity. ( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer"],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[5.106121,"8227107"]},{"_index":"complaint-public-v1","_id":"8274913","_score":5.1056266,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I have never given Experian written permission to have nor share my financial information which consist of my transaction history ( It is against the law to share transaction history- that is ILLEGAL ), opening of my accounts, types of accounts, full name, address, phone #, SSN,, etc. Due to the actions of Experian, I have faced socioeconomic discrimination in regard to credit transactions and I have been injured by the furnishings ( of my non-public personal information provided to financial institution and others ) of the respondent. I have been denied credit and access to my human right of realization pursuant to 42 USC 1981. Pursuant to 15 USC 1681b Permissible Purposes ( 2 ), the respondent was never granted written consent. If in any way the respondent was granted written consent, it was granted to the respondent by way of extrinsic fraud and I the consumer rescind the respondent 's authority. Per the FCRA, the term consumer report does not include : Any report containing information solely about transactions or experiences between the consumer and the institution making the report any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device. These actions have caused socioeconomic discrimination against me for I have been denied credit transactions due to the furnishing of the respondent. I the consumer has never received a privacy notice. Privacy notices must be clear and conspicuous, meaning they must be reasonably understandable and designed to call attention to the nature and significance of the information contained in the notice. The regulation does not prescribe specific methods for making a notice clear and conspicuous but does provide examples of ways in which to achieve the standard, such as the use of short explanatory sentences or bullet lists and the use of plain-language headings and easily readable typeface and type size. Privacy notices also must accurately reflect the institutions privacy practices per Regulation P - Privacy of Consumer Financial Information. I would hope they heavily consider their oath whereas it states \" I solemnly swear that I will support the Constitution of the United States, that I will faithfully discharge the duties of the office of attorney, and that I will conduct myself at all times with integrity and civility. '' Any action against this oath is misconduct and actionable per se.The 3rd parties who received this information are Experian, XXXX, and XXXX. As the consumer I feel betrayed and mislead that this was taking place without my knowledge and most importantly my consent. These unfair and misleading practices have caused me both emotional and physical harm. I have made attempts to do business with other banks only to be told that they can not proceed with opening a bank account in my name due to reports received and the system not allowing them to move forward.. This is a violation of Privacy Act of XXXX - establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifier assigned to the individual. The Privacy Act requires that agencies give the public notice of their systems of records by publication in the Federal Register. The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to one of twelve statutory exceptions. The Act also provides individuals with a means by which to seek access to and amendment of their records, and sets forth various agency record-keeping requirements. Fair Credit Reporting Act - The Act ( Title VI of the Consumer Credit Protection Act ) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report can not be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The Fair and Accurate Credit Transactions Act added many provisions to this Act primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau most of the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains all its enforcement authority. 15 U.S. Code 1681- Congressional findings and statement of purpose - Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 15 U.S. Code 6801 - Protection of nonpublic personal information- ( a ) Privacy obligation policy : It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. ( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information - Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title : ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. ( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. ( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. \n( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of XXXX [ 12 U.S.C. 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to subchapter XXXX of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law. 15 U.S. Code 6803 - Disclosure of institution privacy policy- ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers. ( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title. ( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to nonaffiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title.\n\n( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer. ( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section. ( 3 ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the District of Columbia, XXXX XXXX, XXXX, XXXX XXXX, the XXXX XXXX XXXX XXXX  XXXX XXXX, the XXXX XXXX, or the XXXX XXXX XXXX. ( e ) Model forms ( 1 ) In general The agencies referred to in section 6804 ( a ) ( 1 ) of this title shall jointly develop a model form which may be used, at the option of the financial institution, for the provision of disclosures under this section. ( 2 ) Format A model form developed under paragraph ( 1 ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font. ( 3 ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX. ( XXXX ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. ( f ) Exception to annual notice requirement A financial institution that ( 1 ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( 2 ) or ( e ) of section 6802 of this title or regulations prescribed under section 6804 ( b ) of this title, and ( 2 ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( 1 ) or ( 2 ). 15 U.S. Code 6804 - Rulemaking - ( a ) Regulatory authority ( 1 ) Rulemaking ( A ) In general Except as provided in subparagraph ( C ), the Bureau of Consumer Financial Protection and the Securities and Exchange Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to their respective jurisdiction under section 6805 of this title ( and notwithstanding subtitle B of the Consumer Financial Protection Act of XXXX [ 12 U.S.C. 5511 et seq. ] ), except that the Bureau of Consumer Financial Protection shall not have authority to prescribe regulations with respect to the standards under section 6801 of this title.\n\n( B ) CFTC The Commodity Futures Trading Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to the jurisdiction of the Commodity Futures Trading Commission under section 7b2 of title 7. ( C ) Federal Trade Commission authority Notwithstanding the authority of the Bureau of Consumer Financial Protection under subparagraph ( A ), the Federal Trade Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to any financial institution that is a person described in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ]. ( D ) Rule of construction Nothing in this paragraph shall be construed to alter, affect, or otherwise limit the authority of a State insurance authority to adopt regulations to carry out this subchapter. ( 2 ) Coordination, consistency, and comparability Each of the agencies authorized under paragraph ( 1 ) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with [ 1 ] representatives of State insurance authorities designated by the National Association of Insurance Commissioners, for the purpose of assuring, to the extent possible, that the regulations prescribed by each such agency are consistent and comparable with the regulations prescribed by the other such agencies. ( 3 ) Procedures and deadline Such regulations shall be prescribed in accordance with applicable requirements of title 5. ( b ) Authority to grant exceptions The regulations prescribed under subsection ( a ) may include such additional exceptions to subsections ( a ) through ( d ) of section 6802 of this title as are deemed consistent with the purposes of this subchapter. 15 U.S. Code 6805 - Enforcement - ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Under section 1818 of title 12, by the appropriate Federal banking agency, as defined in section 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries or affiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ). ( 2 ) Under the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Board of the National Credit Union Administration with respect to any federally insured credit union, and any subsidiaries of such an entity. ( 3 ) Under the Securities Exchange Act of XXXX [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer.\n\n( 4 ) Under the Investment Company Act of 1940 [ 15 U.S.C. 80a1 et seq. ], by the Securities and Exchange Commission with respect to investment companies. ( 5 ) Under the Investment Advisers Act of XXXX [ 15 U.S.C. 80b1 et seq. ], by the Securities and Exchange Commission with respect to investment advisers registered with the Commission under such Act. ( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled, subject to section 6701 of this title. ( 7 ) Under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq. ], by the Federal Trade Commission for any other financial institution or other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection. ( 8 ) Under subtitle E of the Consumer Financial Protection Act of XXXX [ 12 U.S.C. 5561 et seq. ], by the Bureau of Consumer Financial Protection, in the case of any financial institution and other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards under section 6801 of this title. ( b ) Enforcement of section 6801 ( 1 ) In general Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau of Consumer Financial Protection, shall implement the standards prescribed under section 6801 ( b ) of this title in the same manner, to the extent practicable, as standards prescribed pursuant to section 1831p1 ( a ) of title 12 are implemented pursuant to such section. ( 2 ) Exception The agencies and authorities described in paragraphs ( 3 ), ( 4 ), ( 5 ), ( 6 ), and ( 7 ) of subsection ( a ) shall implement the standards prescribed under section 6801 ( b ) of this title by rule with respect to the financial institutions and other persons subject to their respective jurisdictions under subsection ( a ). ( c ) Absence of State action If a State insurance authority fails to adopt regulations to carry out this subchapter, such State shall not be eligible to override, pursuant to section 1831x ( g ) ( 2 ) ( B ) ( iii ) of title 12, the insurance customer protection regulations prescribed by a Federal banking agency under section 1831x ( a ) of title 12. ( d ) Definitions The terms used in subsection ( a ) ( 1 ) that are not defined in this subchapter or otherwise defined in section 1813 ( s ) of title 12 shall have the same meaning as given in section 3101 of title 12. 16 CFR Part 313 - PART 313PRIVACY OF CONSUMER FINANCIAL INFORMATION. 16 CFR 433.1 - Definitions. 16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices- In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. Or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of 433.2 ( a ). - ( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract.","date_sent_to_company":"2024-02-02T18:03:10.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"23225","tags":null,"has_narrative":true,"complaint_id":"8274913","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-02-02T17:42:42.000Z","state":"VA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>Union</em> Act [ 12 U.S.C. 1751 et seq. ], by the Board of the National <em>Credit</em> <em>Union</em> Administration with respect to any federally insured <em>credit</em> <em>union</em>, and any subsidiaries of such an entity. ( 3 ) Under the Securities Exchange Act of XXXX [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer"],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[5.1056266,"8274913"]},{"_index":"complaint-public-v1","_id":"8274805","_score":5.1056266,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I have never given Transunion written permission to have nor share my financial information which consist of my transaction history ( It is against the law to share transaction history- that is ILLEGAL ), opening of my accounts, types of accounts, full name, address, phone #, SSN,, etc. Due to the actions of Transunion, I have faced socioeconomic discrimination in regard to credit transactions and I have been injured by the furnishings ( of my non-public personal information provided to financial institution and others ) of the respondent. I have been denied credit and access to my human right of realization pursuant to 42 USC 1981. Pursuant to 15 USC 1681b Permissible Purposes ( 2 ), the respondent was never granted written consent. If in any way the respondent was granted written consent, it was granted to the respondent by way of extrinsic fraud and I the consumer rescind the respondent 's authority. Per the FCRA, the term consumer report does not include : Any report containing information solely about transactions or experiences between the consumer and the institution making the report any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device. These actions have caused socioeconomic discrimination against me for I have been denied credit transactions due to the furnishing of the respondent. I the consumer has never received a privacy notice. Privacy notices must be clear and conspicuous, meaning they must be reasonably understandable and designed to call attention to the nature and significance of the information contained in the notice. The regulation does not prescribe specific methods for making a notice clear and conspicuous but does provide examples of ways in which to achieve the standard, such as the use of short explanatory sentences or bullet lists and the use of plain-language headings and easily readable typeface and type size. Privacy notices also must accurately reflect the institutions privacy practices per Regulation P - Privacy of Consumer Financial Information. I would hope they heavily consider their oath whereas it states \" I solemnly swear that I will support the Constitution of the United States, that I will faithfully discharge the duties of the office of attorney, and that I will conduct myself at all times with integrity and civility. '' Any action against this oath is misconduct and actionable per se.The 3rd parties who received this information are Banks, Employers, etc. As the consumer I feel betrayed and mislead that this was taking place without my knowledge and most importantly my consent. These unfair and misleading practices have caused me both emotional and physical harm. I have made attempts to do business with other banks only to be told that they can not proceed with opening a bank account in my name due to reports received and the system not allowing them to move forward.. This is a violation of Privacy Act of XXXX  - establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifier assigned to the individual. The Privacy Act requires that agencies give the public notice of their systems of records by publication in the Federal Register. The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to one of twelve statutory exceptions. The Act also provides individuals with a means by which to seek access to and amendment of their records, and sets forth various agency record-keeping requirements. Fair Credit Reporting Act - The Act ( Title VI of the Consumer Credit Protection Act ) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report can not be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The Fair and Accurate Credit Transactions Act added many provisions to this Act primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau most of the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains all its enforcement authority. 15 U.S. Code 1681- Congressional findings and statement of purpose - Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 15 U.S. Code 6801 - Protection of nonpublic personal information- ( a ) Privacy obligation policy : It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. ( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information - Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title : ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. ( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. ( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S.C. 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law. 15 U.S. Code 6803 - Disclosure of institution privacy policy- ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers. ( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title. ( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to nonaffiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title.\n\n( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer. ( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section. ( XXXX ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the DXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX. ( XXXX ) Model forms ( XXXX ) In general The agencies referred to in section XXXX ( a ) ( XXXX ) of this title shall jointly develop a model form which XXXX be used, at the option of the financial institution, for the provision of disclosures under this section. ( XXXX ) Format A model form developed under paragraph ( XXXX ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font. ( XXXX ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX. ( XXXX ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. ( f ) Exception to annual notice requirement A financial institution that ( XXXX ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( 2 ) or ( e ) of section 6802 of this title or regulations prescribed under section 6804 ( b ) of this title, and ( 2 ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( 1 ) or ( 2 ). 15 U.S. Code 6804 - Rulemaking - ( a ) Regulatory authority ( 1 ) Rulemaking ( A ) In general Except as provided in subparagraph ( C ), the Bureau of Consumer Financial Protection and the Securities and Exchange Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to their respective jurisdiction under section 6805 of this title ( and notwithstanding subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ] ), except that the Bureau of Consumer Financial Protection shall not have authority to prescribe regulations with respect to the standards under section 6801 of this title.\n\n( B ) CFTC The Commodity Futures Trading Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to the jurisdiction of the Commodity Futures Trading Commission under section 7b2 of title 7. ( C ) Federal Trade Commission authority Notwithstanding the authority of the Bureau of Consumer Financial Protection under subparagraph ( A ), the Federal Trade Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to any financial institution that is a person described in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ]. ( D ) Rule of construction Nothing in this paragraph shall be construed to alter, affect, or otherwise limit the authority of a State insurance authority to adopt regulations to carry out this subchapter. ( 2 ) Coordination, consistency, and comparability Each of the agencies authorized under paragraph ( 1 ) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with [ 1 ] representatives of State insurance authorities designated by the National Association of Insurance Commissioners, for the purpose of assuring, to the extent possible, that the regulations prescribed by each such agency are consistent and comparable with the regulations prescribed by the other such agencies. ( 3 ) Procedures and deadline Such regulations shall be prescribed in accordance with applicable requirements of title 5. ( b ) Authority to grant exceptions The regulations prescribed under subsection ( a ) may include such additional exceptions to subsections ( a ) through ( d ) of section 6802 of this title as are deemed consistent with the purposes of this subchapter. 15 U.S. Code 6805 - Enforcement - ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Under section 1818 of title 12, by the appropriate Federal banking agency, as defined in section 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries or affiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ). ( 2 ) Under the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Board of the National Credit Union Administration with respect to any federally insured credit union, and any subsidiaries of such an entity. ( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer.\n\n( 4 ) Under the Investment Company Act of 1940 [ 15 U.S.C. 80a1 et seq. ], by the Securities and Exchange Commission with respect to investment companies. ( 5 ) Under the Investment Advisers Act of 1940 [ 15 U.S.C. 80b1 et seq. ], by the Securities and Exchange Commission with respect to investment advisers registered with the Commission under such Act. ( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled, subject to section 6701 of this title. ( 7 ) Under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq. ], by the Federal Trade Commission for any other financial institution or other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection. ( 8 ) Under subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau of Consumer Financial Protection, in the case of any financial institution and other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards under section 6801 of this title. ( b ) Enforcement of section 6801 ( 1 ) In general Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau of Consumer Financial Protection, shall implement the standards prescribed under section 6801 ( b ) of this title in the same manner, to the extent practicable, as standards prescribed pursuant to section 1831p1 ( a ) of title 12 are implemented pursuant to such section. ( 2 ) Exception The agencies and authorities described in paragraphs ( 3 ), ( 4 ), ( 5 ), ( 6 ), and ( 7 ) of subsection ( a ) shall implement the standards prescribed under section 6801 ( b ) of this title by rule with respect to the financial institutions and other persons subject to their respective jurisdictions under subsection ( a ). ( c ) Absence of State action If a State insurance authority fails to adopt regulations to carry out this subchapter, such State shall not be eligible to override, pursuant to section 1831x ( g ) ( 2 ) ( B ) ( iii ) of title 12, the insurance customer protection regulations prescribed by a Federal banking agency under section 1831x ( a ) of title 12. ( d ) Definitions The terms used in subsection ( a ) ( 1 ) that are not defined in this subchapter or otherwise defined in section 1813 ( s ) of title 12 shall have the same meaning as given in section 3101 of title 12. 16 CFR Part 313 - PART 313PRIVACY OF CONSUMER FINANCIAL INFORMATION. 16 CFR 433.1 - Definitions. 16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices- In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. Or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. XXXX XXXX XXXX - XXXX of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of XXXX ( a ). - ( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of XXXX CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract.","date_sent_to_company":"2024-02-02T18:19:56.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"23225","tags":null,"has_narrative":true,"complaint_id":"8274805","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-02-02T18:16:31.000Z","state":"VA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>Union</em> Act [ 12 U.S.C. 1751 et seq. ], by the Board of the National <em>Credit</em> <em>Union</em> Administration with respect to any federally insured <em>credit</em> <em>union</em>, and any subsidiaries of such an entity. ( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer"],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[5.1056266,"8274805"]},{"_index":"complaint-public-v1","_id":"7387189","_score":5.0073752,"_source":{"product":"Student loan","complaint_what_happened":"Nelnet Inc ( Nelnet Bank ) and subsidiaries XXXX XXXX XXXX agree to comply with their Company 's disclosure controls and procedures ( as defined in Rules 13a-15 ( e ) and 15d-15 ( e ) under the Securities Exchange Act of 1934 ). Furthermore, in accordance with responsibilities for maintaining effective internal control over financial reporting and for its assessment of the effectiveness of internal control over financial reporting. Accompanied by their managements report on Internal Control over Financial Reporting. Nelnet Inc and subsidiaries agreed to be responsible parties to their companies internal control over financial reporting. With acknowledgment that Nelnet Inc and subsidiaries are considered a public accounting firm registered with the XXXX and that they are required to be in compliance with with the U.S. federal securities laws and the other applicable rules and regulations of the Securities and Exchange Commission and the XXXX. Particularly, XXXX XXXX XXXX Chief Executive Officer ( Principal Executive Officer ) XXXX XXXX XXXX Chief Executive Officer ( Principal Executive Officer ) XXXX XXXX XXXX XXXX XXXX XXXX Chief Financial Officer ( Principal Financial Officer and Principal Accounting Officer ). All of which agreed Pursuant to the requirements of the Securities Exchange Act of 1934, this report has been signed below by the following persons on behalf of the registrant and in the capacities and on the dates indicated as XX/XX/XXXX. Per Nelnet Inc XXXX annual reporting each individual was aware and understood that they are subject to federal and state consumer protection, privacy, and related laws and regulations. Some of the more significant federal laws and regulations include : The Higher Education Act, which establishes financial responsibility and administrative capability requirements that govern all third-party servicers of federally insured student loans The Telephone Consumer Protection Act ( TCPA ), which governs communication methods that may be used to contact customers The Truth-In-Lending Act ( TILA ) and Regulation Z, which govern disclosures of credit terms to consumer borrowers The Fair Credit Reporting Act ( FCRA ) and Regulation V, which govern the use and provision of information to consumer reporting agencies The Equal Credit Opportunity Act ( ECOA ) and Regulation B, which prohibit discrimination on the basis of race, creed, or other prohibited factors in extending credit The Servicemembers Civil Relief Act ( SCRA ), which applies to all debts incurred prior to commencement of active military service and limits the amount of interest, including certain fees or charges that are related to the obligation or liability The Military Lending Act ( MLA ), which protects active-duty members of the military, their spouses, and their dependents from certain lending practices The Electronic Funds Transfer Act ( EFTA ) and Regulation E, which protect individual consumers engaged in electronic fund transfers ( EFTs ) The Gramm-Leach-Bliley Act ( GLBA ) and Regulation P, which govern a financial institutions treatment of nonpublic personal information about consumers and require that an institution, under certain circumstances, notify consumers about its privacy policies and practices The General Data Protection Regulation ( GDPR ), a European Union ( EU ) regulation which places specific requirements on businesses that collect and process personal data of individuals residing in the EU, and provides for significant fines and other penalties for non-compliance13 The California Consumer Privacy Act ( CCPA ) and California Privacy Rights Act ( CPRA ), which enhances the privacy rights and consumer protection for residents of California The Coronavirus Aid, Relief, and Economic Security Act ( the CARES Act ), which provides temporary relief measures for federal student loans held by the Department, as a result of the COVID-19 pandemic The Federal Bankruptcy laws Title 11 of the U.S. Code, which provides for the reduction or elimination of certain debts The Electronic Signatures in Global and National Commerce Act ( ESIGN ), which allows the use of electronic records ifthe consumer has affirmatively consented to such use and has not withdrawn such consent Laws prohibiting unfair, deceptive, or abusive acts or practices ( UDAAP ). Various laws, regulations, and standards that govern government contractors. Under the TCPA, plaintiffs may seek actual monetary loss or damages of {$500.00} per violation, and courts may treble the damage award for willful or knowing violations. Nelnet Inc also understood The Dodd-Frank Wall Street Reform and Consumer Protection Act ( the Dodd-Frank Act ) established the Consumer Financial Protection Bureau ( CFPB ) , which has broad authority to regulate a wide range of consumer financial products and services. Also agree to comply to the Securities Exchange Act of 1934 because Nelnet and subsidiaries or their Companies ( student loan servicing business ) would be subject to CFPB supervision and oversight authority. Nelnet Inc and subsidiaries also stated they understood if their companies do not follow these guidelines with applicable laws, regulations, or requirements, it could : ( i ) lose one or more of its licenses or authorizations, ( ii ) become subject to a consent order or administrative enforcement action, ( iii ) face lawsuits ( including class action lawsuits ), sanctions, or penalties, or ( iv ) be in breach of certain contracts, which may void or cancel such contracts. Nelnet indicated on page 15 of their 10 k sec filing that they understood that their companies higher education institution clients are subject to the Family Educational Rights and Privacy Act ( FERPA ) which protects my privacy of student records. Nelnet Inc knowingly admitted that their clients disclose certain non-directory information concerning their students to the company, including contact information, student identification numbers, and the amount of students credit balances pursuant to one or more exceptions under FERPA. Additionally, that they are indirectly subject to FERPA, which states that they may not permit the transfer of any personally identifiable information to another party other than in a manner in which an educational institution may properly disclose it. Furthermore, understanding that a breach of this prohibition could result in a five-year suspension of the Nelnet Inc and subsidiaries access to the related clients records. Nelnet Inc and subsidiaries may also be subject to similar state laws and regulations that restrict higher education institutions from disclosing certain personally identifiable student information. Per my understanding. Additional regulations include Nelnet Bank is subject to federal and state consumer protection, privacy, and related laws and regulations. In addition to having to comply with the majority of laws and regulations addressed in the Loan Servicing and Systems section, there are additional laws and regulations Nelnet Bank must follow. Some of the more significant laws and regulations applicable to Nelnet Bank include : Regulation W and Federal Reserve Act Sections 23A and 23B, which prevents losses to a bank resulting from affiliate engagement and transfer of a banks federal deposit insurance safety net to an affiliate Community Reinvestment Act, which encourages depository institutions to help meet the credit needs of the communities in which they operate Federal Trade Commission ( FTC ) Act, which prevents unfair or deceptive acts or practices and ensures consumer privacy ( including the Telephone Sales Rule, FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, and FTC Policy Statement Regarding Advertising Substantiation ) Regulation O, which places limits and conditions on credit extensions that a bank can offer to its executive officers, principal shareholders, directors, and related interests Right to Financial Privacy Act, which establishes specific procedures that government authorities must follow when requesting a customers financial records from a bank or other financial institution BSA/AML , which specifies the Banks commitment to compliance with the Bank Secrecy Act, Anti-Money Laundering ( BSA/AML ) laws and regulations, including the USA PATRIOT Act, that were enacted to require financial institutions in the United States to assist U.S. government agencies with detecting and preventing money laundering and terrorist financing. Also, subject to the FTCs and the federal banking regulators privacy and information safeguarding requirements under the GLBA. Per the 10k sec filing GLBA requires financial institutions to periodically disclose their privacy policies and practices relating to sharing such information and enables customers to opt out of the disclosing institutions ability to share information with third parties. Nelnet Inc agreed to remain in compliance and conformity of GAAP. Nelnet Inc and subsidiaries have not been in compliance and continue to fail to acknowledge, wrongdoing not only in reference to the Securities and Exchange Act of 1934, but also failed to comply FINRAS rules and guidance as a business. Nelnet Inc and subsidiaries has continued to voluntarily violate my privacy and security by not safeguarding my personal information. Instead they choose to share that information with third party vendors. As a whole this company has not lived up to their promises that they agreed to. This organization has violated my privacy rights as a consumer, and misled me by failing to maintain my security for sensitive consumer information, or caused substantial consumer injury. Nelnet Inc has violated Section 5 of the FTC Act, which bars unfair and deceptive acts and practices in or affecting commerce. Nelnet has violated numerous rules, regulations of the agreement of the Securities Exchange Act of 1934, Rule 405 of the Securities Act, Section 13 or Section 15 ( d ) of the Act, and implemented by the Sarbanes-Oxley Act of 2022 ( 15 U.S.C. 7262, the Dodd-Frank Act ), the Public Company Accounting Oversight Board ( PCAOB ) . I am aware that FINRA takes disciplinary actions against firms and individuals for violations of FINRA rules ; federal securities laws, rules, and regulations ; and the rules of the Municipal Securities Rulemaking Board. In addition to Sanctions including restitution, fines, suspensions, and in cases of serious misconduct, bars from the brokerage industry. Nelnet Inc and subsidiaries provided false and misleading information in reference to the my contract that Ive never agreed to nor signed with them. They obtained my information from a third party company that took over. Net lent has not been following the 80/20 rule. Your company is allowed to keep your 20 % and I make my 80 %. I did not authorize nor agree to your company giving my personal information to other companies. Privacy Act of 1974 ( 5 U.S. Code 552a ). The term record means any item, collection or grouping of information about an individual that is maintained by agency, including, but not limited to financial transactions and any information containing my name or identifiable number. Nelnet Inc and subsidiaries did not provide a conditional disclosure.No agency or company shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains. unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.\n\nAgain they need prior written instruction of the individual to whom it relates.\n\nSection 3711 ( e ) of title 31 States ( 1 ) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if ( E ) the head of the agency has established procedures to ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information ; Nelnet Inc have violated not only the Fair Credit Reporting Act but also the Privacy Act of 1974. According to PART 1016 - PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) 12 CFR 1016.1 Purpose and scope.\n\n( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 1016.13, 1016.14, and 1016.15.\n\nEvery company should provide a privacy notice before they furnish any information to my consumer report. Per law 1016.4 Initial privacy notice to consumers required to Provide an Initial notice. It must provide a clear and conspicuous notice that accurately reflects. This was not presented to myself the consumer. This making this illegal. 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. 15 U.S. Code 6805 - Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law. XXXX  and XXXX  are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states '' It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX  and XXXX  do not have my consent to furnish this information and they surely do not have my written consent. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' Your company Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. Privacy Act of 1974 ( 5 U.S. Code 552a ) ly Educational Rights and Privacy Act ( FERPA ) The Family Educational Rights and Privacy Act ( FERPA ) is a federal law enacted in1974 that protects the privacy of student education records. FERPA applies to any-public or private elementary, secondary, or post-secondary school. 20 USC 1232g ( b ).","date_sent_to_company":"2023-08-11T22:48:14.000Z","issue":"Dealing with your lender or servicer","sub_product":"Federal student loan servicing","zip_code":"43110","tags":null,"has_narrative":true,"complaint_id":"7387189","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Nelnet, Inc.","date_received":"2023-08-11T22:30:57.000Z","state":"OH","company_public_response":null,"sub_issue":"Received bad information about your loan"},"highlight":{"complaint_what_happened":["information ; Nelnet Inc have violated not only the Fair <em>Credit</em> Reporting Act but also the Privacy Act of 1974."]},"sort":[5.0073752,"7387189"]},{"_index":"complaint-public-v1","_id":"9050300","_score":4.850224,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"CFPB, XXXX : The person ( XXXX ) REGIONAL ACCEPTANCE CORPORATION, TRUIST, and partnered affiliates and nonaffiliates have put my nonpublic personal information and security principal in jeopardy. \n\n: I, the consumer, have been involved in unfair deceptive acts and practices by the creditor and the seller of my consumer credit contract. The contract and business arrangement between the creditor and seller have underwriting amendments that have put my data, privacy, security principal, ssn, name, address, phone, email and nonpublic personal information at jeopardy of data breaches, identity theft, and numerous criminal interests. \n\nMy data shared with third party affiliates and nonaffiliates has been transferred on multiple occasions, and transferred with inaccuracies. A person must not furnish any information relating to my nonpublic personal information to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. \n\nIt is the duty of furnishers of information to provide accurate information and responsibilities of furnishers of information to report accurately to consumer reporting agencies. Any multiple names, address, phone, email must be accurate and must display XXXX of each nonpublic personal information item and any privacy policy that I, the consumer, consent to by my own draft. \n\n[ 40 FR 53506 ] [ 16 CFR 433.1 ] - [ Definitions ; ( a ) Person. An individual, corporation, or any other business organization.\n\n( b ) Consumer. A natural person who seeks or acquires goods or services for personal, family, or household use. \n\n( c ) Creditor. A person who, in the ordinary course of business, lends purchase money or finances the sale of goods or services to consumers on a deferred payment basis ; Provided, such person is not acting, for the purposes of a particular transaction, in the capacity of a credit card issuer. \n\n( d ) Purchase money loan. A cash advance which is received by a consumer in return for a Finance Charge within the meaning of the Truth in Lending Act and Regulation Z, which is applied, in whole or substantial part, to a purchase of goods or services from a seller who ( 1 ) refers consumers to the creditor or ( 2 ) is affiliated with the creditor by common control, contract, or business arrangement.\n\n( e ) Financing a sale. Extending credit to a consumer in connection with a Credit Sale within the meaning of the Truth in Lending Act and Regulation Z. \n\n( f ) Contract. Any oral or written agreement, formal or informal, between a creditor and a seller, which contemplates or provides for cooperative or concerted activity in connection with the sale of goods or services to consumers or the financing thereof. \n\n( g ) Business arrangement. Any understanding, procedure, course of dealing, or arrangement, formal or informal, between a creditor and a seller, in connection with the sale of goods or services to consumers or the financing thereof. \n\n( h ) Credit card issuer. A person who extends to cardholders the right to use a credit card in connection with purchases of goods or services. \n\n( i ) Consumer credit contract. Any instrument which evidences or embodies a debt arising from a Purchase Money Loan transaction or a financed sale as defined in paragraphs ( d ) and ( XXXX ) of this section. \n\n( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers. ] [ 40 FR 53506 ] [ 16 CFR 433.2 ] - [ Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices ; In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : { NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. } ] [ Pub. L. 90321, title VI, 605, as added Pub. L. 91508, title VI, 601 ] [ TITLE I -FINANCIAL RECORDKEEPING ] [ SEC . 21. ( a ) ( 1 ) The Congress finds that adequate records maintained by insured banks have a high degree of usefulness in criminal, tax, and regulatory investigations and proceedings. The Congress further finds that microfilm or other reproductions and other records made by banks of checks, as well as records kept by banks of the identity of persons maintaining or authorized to act with respect to accounts therein, have been of particular value in this respect. ] [ 15 U.S. Code 1681c ] - [ Requirements relating to information contained in consumer reports ( a ) Information excluded from consumer reports ; Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years.\n\nAny other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. ] [ 15 U.S. Code 1681s-2 ] - [ Responsibilities of furnishers of information to consumer reporting agencies ; ( a ) Duty of furnishers of information to provide accurate information ; Prohibition ; ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. ] [ PUBLIC LAW 106102NOV. 12, 1999 ] [ SEC. 501. PROTECTION OF NONPUBLIC PERSONAL INFORMATION. ] [ ( a ) PRIVACY OBLIGATION POLICY.It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.\n\n( b ) FINANCIAL INSTITUTIONS SAFEGUARDS.In furtherance of the policy in subsection ( a ), each agency or authority described in section 505 ( a ) shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. ] [ SEC. 502. OBLIGATIONS WITH RESPECT TO DISCLOSURES OF PERSONAL INFORMATION. ] [ ( a ) NOTICE REQUIREMENTS.Except as otherwise provided in this subtitle, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 503.\n\n( b ) OPT OUT.\n\n( 1 ) IN GENERAL.A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 504, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\n( 2 ) EXCEPTION.This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 504, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information.\n\n( c ) LIMITS ON REUSE OF INFORMATION.Except as otherwise provided in this subtitle, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.\n\n( d ) LIMITATIONS ON THE SHARING OF ACCOUNT NUMBER INFORMATION FOR MARKETING PURPOSES..A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) GENERAL EXCEPTIONS.Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978, to law enforcement agencies ( including a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, United States Code, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act, or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit ; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law. ] [ SEC. 504. RULEMAKING. ] ( a ) REGULATORY AUTHORITY.\n\n( 1 ) RULEMAKING.The Federal banking agencies, the National Credit Union Administration, the Secretary of the Treasury, the Securities and Exchange Commission, and the Federal Trade Commission shall each prescribe, after consultation as appropriate with representatives of State insurance authorities designated by the National Association of Insurance Commissioners, such regulations as may be necessary to carry out the purposes of this subtitle with respect to the financial institutions subject to their jurisdiction under section 505.\n\n( 2 ) COORDINATION, CONSISTENCY, AND COMPARABILITY. Each of the agencies and authorities required under paragraph ( 1 ) to prescribe regulations shall consult and coordinate with the other such agencies and authorities for the purposes of assuring, to the extent possible, that the regulations prescribed by each such agency and authority are consistent and comparable with the regulations prescribed by the other such agencies and authorities.\n\n( 3 ) PROCEDURES AND DEADLINE.Such regulations shall be prescribed in accordance with applicable requirements of title 5, United States Code, and shall be issued in final form not later than 6 months after the date of the enactment of this Act.\n\n( b ) AUTHORITY TO GRANT EXCEPTIONS.The regulations prescribed under subsection ( a ) may include such additional exceptions to subsections ( a ) through ( d ) of section 502 as are deemed consistent with the purposes of this subtitle.\n\n[ SEC. 505. ENFORCEMENT. ] [ ( a ) IN GENERAL.This subtitle and the regulations prescribed thereunder shall be enforced by the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Under section 8 of the Federal Deposit Insurance Act, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ), by the Office of the Comptroller of the Currency ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act, and bank holding companies and their nonbank subsidiaries or affiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ), by the Board of Governors of the Federal Reserve System ; ( C ) banks insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ), by the Board of Directors of the Federal Deposit Insurance Corporation ; and ( D ) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ), by the Director of the Office of Thrift Supervision.\n\n( 2 ) Under the Federal Credit Union Act, by the Board of the National Credit Union Administration with respect to any federally insured credit union, and any subsidiaries of such an entity.\n\n( 3 ) Under the Securities Exchange Act of 1934, by the Securities and Exchange Commission with respect to any broker or dealer.\n\n( 4 ) Under the Investment Company Act of 1940, by the Securities and Exchange Commission with respect to investment companies.\n\n( 5 ) Under the Investment Advisers Act of 1940, by the Securities and Exchange Commission with respect to investment advisers registered with the Commission under such Act.\n\n( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled, subject to section 104 of this Act.\n\n( 7 ) Under the Federal Trade Commission Act, by the Federal Trade Commission for any other financial institution or other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection. ] [ SEC. 508. STUDY OF INFORMATION SHARING AMONG FINANCIAL AFFILIATES. ] [ ( a ) IN GENERAL.The Secretary of the Treasury, in conjunction with the Federal functional regulators and the Federal Trade Commission, shall conduct a study of information sharing practices among financial institutions and their affiliates. Such study shall include ( 1 ) the purposes for the sharing of confidential customer information with affiliates or with nonaffiliated third parties ; ( 2 ) the extent and adequacy of security protections for such information ; ( 3 ) the potential risks for customer privacy of such sharing of information ; ( 4 ) the potential benefits for financial institutions and affiliates of such sharing of information ; ( 5 ) the potential benefits for customers of such sharing of information ; ( 6 ) the adequacy of existing laws to protect customer privacy ; ( 7 ) the adequacy of financial institution privacy policy and privacy rights disclosure under existing law ; ( 8 ) the feasibility of different approaches, including opt-out and opt-in, to permit customers to direct that confidential information not be shared with affiliates and nonaffiliated third parties ; and ( 9 ) the feasibility of restricting sharing of information for specific uses or of permitting customers to direct the uses for which information may be shared. ] [ 15 U.S.C. 6809 ] [ SEC. 509. DEFINITIONS. ] [ As used in this subtitle : ( 1 ) FEDERAL BANKING AGENCY.The term Federal banking agency has the same meaning as given in section 3 of the Federal Deposit Insurance Act.\n\n( 2 ) FEDERAL FUNCTIONAL REGULATOR.The term Federal functional regulator means ( A ) the Board of Governors of the Federal Reserve System ; ( B ) the Office of the Comptroller of the Currency ; ( C ) the Board of Directors of the Federal Deposit Insurance Corporation ; ( D ) the Director of the Office of Thrift Supervision ; ( E ) the National Credit Union Administration Board ; and ( F ) the Securities and Exchange Commission.\n\n( 3 ) FINANCIAL INSTITUTION.\n\n( A ) IN GENERAL.The term financial institution means any institution the business of which is engaging in financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956.\n\n( B ) PERSONS SUBJECT TO CFTC REGULATION.Notwithstanding subparagraph ( A ), the term financial institution does not include any person or entity with respect to any financial activity that is subject to the jurisdiction of the Commodity Futures Trading Commission under the Commodity Exchange Act.\n\n( C ) FARM CREDIT INSTITUTIONS.Notwithstanding subparagraph ( A ), the term financial institution does not include the Federal Agricultural Mortgage Corporation or any entity chartered and operating under the Farm Credit Act of 1971.\n\n( D ) OTHER SECONDARY MARKET INSTITUTIONS.Notwithstanding subparagraph ( A ), the term financial institution does not include institutions chartered by Congress specifically to engage in transactions described in section 502 ( e ) ( 1 ) ( C ), as long as such institutions do not sell or transfer nonpublic personal information to a nonaffiliated third party.\n\n( 4 ) NONPUBLIC PERSONAL INFORMATION.\n\n( A ) The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer; or ( iii ) otherwise obtained by the financial institution.\n\n( B ) Such term does not include publicly available information, as such term is defined by the regulations prescribed under section 504.\n\n( C ) Notwithstanding subparagraph ( B ), such term ( i ) shall include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived using any nonpublic personal information other than publicly available information; but ( ii ) shall not include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived without using any nonpublic personal information.\n\n( 5 ) NONAFFILIATED THIRD PARTY.The term nonaffiliated third party means any entity that is not an affiliate of, or related by common ownership or affiliated by corporate control with, the financial institution, but does not include a joint employee of such institution.\n\n( 6 ) AFFILIATE.The term affiliate means any company that controls, is controlled by, or is under common control with another company.\n\n( 7 ) NECESSARY TO EFFECT, ADMINISTER, OR ENFORCE.The term as necessary to effect, administer, or enforce the transaction means ( A ) the disclosure is required, or is a usual, appropriate, or acceptable method, to carry out the transaction or the product or service business of which the transaction is a part, and record or service or maintain the consumers account in the ordinary course of providing the financial service or financial product, or to administer or service benefits or claims relating to the transaction or the product or service business of which it is a part, and includes ( i ) providing the consumer or the consumers agent or broker with a confirmation, statement, or other record of the transaction, or information on the status or value of the financial service or financial product ; and ( ii ) the accrual or recognition of incentives or bonuses associated with the transaction that are provided by the financial institution or any other party ; ( B ) the disclosure is required, or is one of the lawful or appropriate methods, to enforce the rights of the financial institution or of other persons engaged in carrying out the financial transaction, or providing the product or service; ( C ) the disclosure is required, or is a usual, appropriate, or acceptable method, for insurance underwriting at the consumers request or for reinsurance purposes, or for any of the following purposes as they relate to a consumers insurance : Account administration, reporting, investigating, or preventing fraud or material misrepresentation, processing premium payments, processing insurance claims, administering insurance benefits ( including utilization review activities ), participating in research projects, or as otherwise required or specifically permitted by Federal or State law ; or ( D ) the disclosure is required, or is a usual, appropriate or acceptable method, in connection with ( i ) the authorization, settlement, billing, processing, clearing, transferring, reconciling, or collection of amounts charged, debited, or otherwise paid using a debit, credit or other payment card, check, or account number, or by other payment means ; ( ii ) the transfer of receivables, accounts or interests therein ; or ( iii ) the audit of debit, credit or other payment information.\n\n( 8 ) STATE INSURANCE AUTHORITY.The term State insurance authority means, in the case of any person engaged in providing insurance, the State insurance authority of the State in which the person is domiciled.\n\n( 9 ) CONSUMER.The term consumer means an individual who obtains, from a financial institution, financial products or services which are to be used primarily for personal, family, or household purposes, and also means the legal representative of such an individual.\n\n( 10 ) JOINT AGREEMENT.The term joint agreement means a formal written contract pursuant to which two or more financial institutions jointly offer, endorse, or sponsor a financial product or service, and as may be further defined in the regulations prescribed under section 504.\n\n( 11 ) CUSTOMER RELATIONSHIP.The term time of establishing a customer relationship shall be defined by the regulations prescribed under section 504, and shall, in the case of a financial institution engaged in extending credit directly to consumers to finance purchases of goods or services, mean the time of establishing the credit relationship with the consumer. ] [ 15 USC 6827 ] [ For purposes of this subtitle, the following definitions shall apply : ( 1 ) CUSTOMER.The term customer means, with respect to a financial institution, any person ( or authorized representative of a person ) to whom the financial institution provides a product or service, including that of acting as a fiduciary.\n\n( 2 ) CUSTOMER INFORMATION OF A FINANCIAL INSTITUTION. The term customer information of a financial institution means any information maintained by or for a financial institution which is derived from the relationship between the financial institution and a customer of the financial institution and is identified with the customer.\n\n( 3 ) DOCUMENT.The term document means any information in any form.\n\n( 4 ) FINANCIAL INSTITUTION.\n\n( A ) IN GENERAL.The term financial institution means any institution engaged in the business of providing financial services to customers who maintain a credit, deposit, trust, or other financial account or relationship with the institution.\n\n( B ) CERTAIN FINANCIAL INSTITUTIONS SPECIFICALLY INCLUDED.The term financial institution includes any depository institution ( as defined in section 19 ( b ) ( 1 ) ( A ) of the Federal Reserve Act ), any broker or dealer, any investment adviser or investment company, any insurance company, any loan or finance company, any credit card issuer or operator of a credit card system, and any consumer reporting agency that compiles and maintains files on consumers on a nationwide basis ( as defined in section 603 ( p ) of the Consumer Credit Protection Act ).\n\n( C ) SECURITIES INSTITUTIONS.For purposes of subparagraph ( B ) ( i ) the terms broker and dealer have the same meanings as given in section 3 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c ) ; ( ii ) the term investment adviser has the same meaning as given in section 202 ( a ) ( 11 ) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b2 ( a ) ) ; and ( iii ) the term investment company has the same meaning as given in section 3 of the Investment Company Act of 1940 ( 15 U.S.C. 80a3 ). ] No claims of the listed companies software systems being unable to correctly display and report accurate punctuations in my name, address, email, and no claims of these companies software systems auto-correcting any deviation of my accurate nonpublic personal information into duplicate inaccurate reporting and bookkeeping is revoked and prohibited. Accounts placed for collection or charged to profit and loss and any other adverse items of information with actual knowledge of errors is prohibited.\n\nPer [ 16 CFR 433.2 ( b ) ], as the holder of the contract, I invoke my consumer right to protect my nonpublic personal information and the accuracy of furnishing persons reporting to consumer reporting agencies of any and all my account ( s ).\n\nSalutations, Consumer-Principal-Attorney-In-Fact","date_sent_to_company":"2024-05-20T17:03:26.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"9050300","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRUIST FINANCIAL CORPORATION","date_received":"2024-05-20T16:03:43.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>RULEMAKING</em>. ] ( a ) REGULATORY AUTHORITY."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[4.850224,"9050300"]},{"_index":"complaint-public-v1","_id":"8232654","_score":4.822096,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I have never given Westlake Financial Services written permission to share my bank information which consist of my transaction history ( It is against the law to share transaction history- that is ILLEGAL ), opening of my accounts, types of accounts, full name, address, phone #, SSN,, etc. Due to the actions of Westlake Financial Services, I have faced socioeconomic discrimination in regard to credit transactions and I have been injured by the furnishings ( of my non-public personal information provided to a financial institution ) of the respondent. I have been denied credit and access to my human right of realization pursuant to 42 USC 1981. Pursuant to 15 USC 1681b Permissible Purposes ( 2 ), the respondent was never granted written consent. If in any way the respondent was granted written consent, it was granted to the respondent by way of extrinsic fraud and I the consumer rescind the respondent 's authority. Per the FCRA, the term consumer report does not include : Any report containing information solely about transactions or experiences between the consumer and the institution making the report any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device. Westlake Financial Services has furnished my transaction history to credit reporting agencies. These actions have caused socioeconomic discrimination against me for I have been denied credit transactions due to the furnishing of the respondent. I the consumer has never received a privacy notice. Privacy notices must be clear and conspicuous, meaning they must be reasonably understandable and designed to call attention to the nature and significance of the information contained in the notice. The regulation does not prescribe specific methods for making a notice clear and conspicuous but does provide examples of ways in which to achieve the standard, such as the use of short explanatory sentences or bullet lists and the use of plain-language headings and easily readable typeface and type size. Privacy notices also must accurately reflect the institutions privacy practices per Regulation P - Privacy of Consumer Financial Information. I would hope they heavily consider their oath whereas it states \" I solemnly swear that I will support the Constitution of the United States, that I will faithfully discharge the duties of the office of attorney, and that I will conduct myself at all times with integrity and civility. '' Any action against this oath is misconduct and actionable per se.The 3rd parties who received this information are XXXX, XXXX, and XXXX. As the consumer I feel betrayed and mislead that this was taking place without my knowledge and most importantly my consent. These unfair and misleading practices have caused me both emotional and physical harm. I have made attempts to do business with other banks only to be told that they can not proceed with opening a bank account in my name due to reports received and the system not allowing them to move forward.. This is a violation of Privacy Act of 1974 - establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifier assigned to the individual. The Privacy Act requires that agencies give the public notice of their systems of records by publication in the Federal Register. The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to one of twelve statutory exceptions. The Act also provides individuals with a means by which to seek access to and amendment of their records, and sets forth various agency record-keeping requirements. Fair Credit Reporting Act - The Act ( Title VI of the Consumer Credit Protection Act ) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report can not be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The Fair and Accurate Credit Transactions Act added many provisions to this Act primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau most of the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains all its enforcement authority. 15 U.S. Code 1681- Congressional findings and statement of purpose - Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 15 U.S. Code 6801 - Protection of nonpublic personal information- ( a ) Privacy obligation policy : It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. ( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information - Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title : ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. ( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. ( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S.C. 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law. 15 U.S. Code 6803 - Disclosure of institution privacy policy- ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers. ( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title. ( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to nonaffiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title.\n\n( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer. ( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section. ( 3 ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, or the Northern Mariana Islands. ( e ) Model forms ( 1 ) In general The agencies referred to in section 6804 ( a ) ( 1 ) of this title shall jointly develop a model form which may be used, at the option of the financial institution, for the provision of disclosures under this section. ( 2 ) Format A model form developed under paragraph ( 1 ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font. ( 3 ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX. ( 4 ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. ( f ) Exception to annual notice requirement A financial institution that ( 1 ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( 2 ) or ( e ) of section 6802 of this title or regulations prescribed under section 6804 ( b ) of this title, and ( 2 ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( 1 ) or ( 2 ). 15 U.S. Code 6804 - Rulemaking - ( a ) Regulatory authority ( 1 ) Rulemaking ( A ) In general Except as provided in subparagraph ( C ), the Bureau of Consumer Financial Protection and the Securities and Exchange Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to their respective jurisdiction under section 6805 of this title ( and notwithstanding subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ] ), except that the Bureau of Consumer Financial Protection shall not have authority to prescribe regulations with respect to the standards under section 6801 of this title.\n\n( B ) CFTC The Commodity Futures Trading Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to the jurisdiction of the Commodity Futures Trading Commission under section 7b2 of title 7. ( C ) Federal Trade Commission authority Notwithstanding the authority of the Bureau of Consumer Financial Protection under subparagraph ( A ), the Federal Trade Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to any financial institution that is a person described in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ]. ( D ) Rule of construction Nothing in this paragraph shall be construed to alter, affect, or otherwise limit the authority of a State insurance authority to adopt regulations to carry out this subchapter. ( 2 ) Coordination, consistency, and comparability Each of the agencies authorized under paragraph ( 1 ) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with [ 1 ] representatives of State insurance authorities designated by the XXXX XXXX XXXX XXXX XXXX, for the purpose of assuring, to the extent possible, that the regulations prescribed by each such agency are consistent and comparable with the regulations prescribed by the other such agencies. ( 3 ) Procedures and deadline Such regulations shall be prescribed in accordance with applicable requirements of title 5. ( b ) Authority to grant exceptions The regulations prescribed under subsection ( a ) may include such additional exceptions to subsections ( a ) through ( d ) of section 6802 of this title as are deemed consistent with the purposes of this subchapter. 15 U.S. Code 6805 - Enforcement - ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Under section 1818 of title 12, by the appropriate Federal banking agency, as defined in section 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries or affiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ). ( 2 ) Under the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Board of the XXXX XXXX XXXX XXXX with respect to any federally insured credit union, and any subsidiaries of such an entity. ( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer.\n\n( 4 ) Under the Investment Company Act of 1940 [ 15 U.S.C. 80a1 et seq. ], by the Securities and Exchange Commission with respect to investment companies. ( 5 ) Under the Investment Advisers Act of 1940 [ 15 U.S.C. 80b1 et seq. ], by the Securities and Exchange Commission with respect to investment advisers registered with the Commission under such Act. ( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled, subject to section 6701 of this title. ( 7 ) Under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq. ], by the Federal Trade Commission for any other financial institution or other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection. ( 8 ) Under subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau of Consumer Financial Protection, in the case of any financial institution and other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards under section 6801 of this title. ( b ) Enforcement of section 6801 ( 1 ) In general Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau of Consumer Financial Protection, shall implement the standards prescribed under section 6801 ( b ) of this title in the same manner, to the extent practicable, as standards prescribed pursuant to section 1831p1 ( a ) of title 12 are implemented pursuant to such section. ( 2 ) Exception The agencies and authorities described in paragraphs ( 3 ), ( 4 ), ( 5 ), ( 6 ), and ( 7 ) of subsection ( a ) shall implement the standards prescribed under section 6801 ( b ) of this title by rule with respect to the financial institutions and other persons subject to their respective jurisdictions under subsection ( a ). ( c ) Absence of State action If a State insurance authority fails to adopt regulations to carry out this subchapter, such State shall not be eligible to override, pursuant to section 1831x ( g ) ( 2 ) ( B ) ( iii ) of title 12, the insurance customer protection regulations prescribed by a Federal banking agency under section 1831x ( a ) of title 12. ( d ) Definitions The terms used in subsection ( a ) ( 1 ) that are not defined in this subchapter or otherwise defined in section 1813 ( s ) of title 12 shall have the same meaning as given in section 3101 of title 12. 16 CFR Part 313 - PART 313PRIVACY OF CONSUMER FINANCIAL INFORMATION. 16 CFR 433.1 - Definitions. 16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices- In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. Or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of 433.2 ( a ). - ( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract.","date_sent_to_company":"2024-01-26T21:33:18.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"23225","tags":null,"has_narrative":true,"complaint_id":"8232654","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Westlake Services, LLC","date_received":"2024-01-26T21:29:21.000Z","state":"VA","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>Union</em> Act [ 12 U.S.C. 1751 et seq. ], by the Board of the XXXX XXXX XXXX XXXX with respect to any federally insured <em>credit</em> <em>union</em>, and any subsidiaries of such an entity. ( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer"],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[4.822096,"8232654"]},{"_index":"complaint-public-v1","_id":"8227588","_score":4.821736,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Capital One has violated their own terms and conditions, which states they will not share your information with 3rd party affiliates without your written permission in which I have never given Capital One written permission to share my bank information which consist of my transaction history ( It is against the law to share transaction history- that is ILLEGAL ), opening of my accounts, types of accounts, full name, address, phone #, SSN,, etc. Due to the actions of Capital One, I have faced socioeconomic discrimination in regard to credit transactions and I have been injured by the furnishings ( of my non-public personal information provided to a financial institution ) of the respondent. I have been denied credit and access to my human right of realization pursuant to 42 USC 1981. Pursuant to 15 USC 1681b Permissible Purposes ( 2 ), the respondent was never granted written consent. If in any way the respondent was granted written consent, it was granted to the respondent by way of extrinsic fraud and I the consumer rescind the respondent 's authority. Per the FCRA, the term consumer report does not include : Any report containing information solely about transactions or experiences between the consumer and the institution making the report any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device. Capital One has furnished my transaction history to credit reporting agencies. These actions have caused socioeconomic discrimination against me for I have been denied credit transactions due to the furnishing of the respondent. I the consumer has never received a privacy notice. Privacy notices must be clear and conspicuous, meaning they must be reasonably understandable and designed to call attention to the nature and significance of the information contained in the notice. The regulation does not prescribe specific methods for making a notice clear and conspicuous but does provide examples of ways in which to achieve the standard, such as the use of short explanatory sentences or bullet lists and the use of plain-language headings and easily readable typeface and type size. Privacy notices also must accurately reflect the institutions privacy practices per Regulation P - Privacy of Consumer Financial Information. I would hope they heavily consider their oath whereas it states \" I solemnly swear that I will support the Constitution of the United States, that I will faithfully discharge the duties of the office of attorney, and that I will conduct myself at all times with integrity and civility. '' Any action against this oath is misconduct and actionable per se.The 3rd parties who received this information are XXXX, XXXX, and XXXX. As the consumer I feel betrayed and mislead that this was taking place without my knowledge and most importantly my consent. These unfair and misleading practices have caused me both emotional and physical harm. I have made attempts to do business with other banks only to be told that they can not proceed with opening a bank account in my name due to reports received and the system not allowing them to move forward.. This is a violation of Privacy Act of 1974 - establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifier assigned to the individual. The Privacy Act requires that agencies give the public notice of their systems of records by publication in the Federal Register. The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to one of twelve statutory exceptions. The Act also provides individuals with a means by which to seek access to and amendment of their records, and sets forth various agency record-keeping requirements. Fair Credit Reporting Act - The Act ( Title VI of the Consumer Credit Protection Act ) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report can not be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The Fair and Accurate Credit Transactions Act added many provisions to this Act primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau most of the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains all its enforcement authority. 15 U.S. Code 1681- Congressional findings and statement of purpose - Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 15 U.S. Code 6801 - Protection of nonpublic personal information- ( a ) Privacy obligation policy : It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. ( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information - Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title : ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. ( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. ( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S.C. 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law. 15 U.S. Code 6803 - Disclosure of institution privacy policy- ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers. ( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title. ( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to nonaffiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title.\n\n( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer. ( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section. ( 3 ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, or the Northern Mariana Islands. ( e ) Model forms ( 1 ) In general The agencies referred to in section 6804 ( a ) ( 1 ) of this title shall jointly develop a model form which may be used, at the option of the financial institution, for the provision of disclosures under this section. ( 2 ) Format A model form developed under paragraph ( 1 ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font. ( 3 ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX. ( 4 ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. ( f ) Exception to annual notice requirement A financial institution that ( 1 ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( 2 ) or ( e ) of section 6802 of this title or regulations prescribed under section 6804 ( b ) of this title, and ( 2 ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( 1 ) or ( 2 ). 15 U.S. Code 6804 - Rulemaking - ( a ) Regulatory authority ( 1 ) Rulemaking ( A ) In general Except as provided in subparagraph ( C ), the Bureau of Consumer Financial Protection and the Securities and Exchange Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to their respective jurisdiction under section 6805 of this title ( and notwithstanding subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ] ), except that the Bureau of Consumer Financial Protection shall not have authority to prescribe regulations with respect to the standards under section 6801 of this title.\n\n( B ) CFTC The Commodity Futures Trading Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to the jurisdiction of the Commodity Futures Trading Commission under section 7b2 of title 7. ( C ) Federal Trade Commission authority Notwithstanding the authority of the Bureau of Consumer Financial Protection under subparagraph ( A ), the Federal Trade Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to any financial institution that is a person described in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ]. ( D ) Rule of construction Nothing in this paragraph shall be construed to alter, affect, or otherwise limit the authority of a State insurance authority to adopt regulations to carry out this subchapter. ( 2 ) Coordination, consistency, and comparability Each of the agencies authorized under paragraph ( 1 ) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with [ 1 ] representatives of State insurance authorities designated by the XXXX XXXX XXXX XXXX XXXX, for the purpose of assuring, to the extent possible, that the regulations prescribed by each such agency are consistent and comparable with the regulations prescribed by the other such agencies. ( 3 ) Procedures and deadline Such regulations shall be prescribed in accordance with applicable requirements of title 5. ( b ) Authority to grant exceptions The regulations prescribed under subsection ( a ) may include such additional exceptions to subsections ( a ) through ( d ) of section 6802 of this title as are deemed consistent with the purposes of this subchapter. 15 U.S. Code 6805 - Enforcement - ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Under section 1818 of title 12, by the appropriate Federal banking agency, as defined in section 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries or affiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ). ( 2 ) Under the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Board of the XXXX XXXX XXXX XXXX with respect to any federally insured credit union, and any subsidiaries of such an entity. ( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer.\n\n( 4 ) Under the Investment Company Act of 1940 [ 15 U.S.C. 80a1 et seq. ], by the Securities and Exchange Commission with respect to investment companies. ( 5 ) Under the Investment Advisers Act of 1940 [ 15 U.S.C. 80b1 et seq. ], by the Securities and Exchange Commission with respect to investment advisers registered with the Commission under such Act. ( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled, subject to section 6701 of this title. ( 7 ) Under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq. ], by the Federal Trade Commission for any other financial institution or other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection. ( 8 ) Under subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau of Consumer Financial Protection, in the case of any financial institution and other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards under section 6801 of this title. ( b ) Enforcement of section 6801 ( 1 ) In general Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau of Consumer Financial Protection, shall implement the standards prescribed under section 6801 ( b ) of this title in the same manner, to the extent practicable, as standards prescribed pursuant to section 1831p1 ( a ) of title 12 are implemented pursuant to such section. ( 2 ) Exception The agencies and authorities described in paragraphs ( 3 ), ( 4 ), ( 5 ), ( 6 ), and ( 7 ) of subsection ( a ) shall implement the standards prescribed under section 6801 ( b ) of this title by rule with respect to the financial institutions and other persons subject to their respective jurisdictions under subsection ( a ). ( c ) Absence of State action If a State insurance authority fails to adopt regulations to carry out this subchapter, such State shall not be eligible to override, pursuant to section 1831x ( g ) ( 2 ) ( B ) ( iii ) of title 12, the insurance customer protection regulations prescribed by a Federal banking agency under section 1831x ( a ) of title 12. ( d ) Definitions The terms used in subsection ( a ) ( 1 ) that are not defined in this subchapter or otherwise defined in section 1813 ( s ) of title 12 shall have the same meaning as given in section 3101 of title 12. 16 CFR Part 313 - PART 313PRIVACY OF CONSUMER FINANCIAL INFORMATION. 16 CFR 433.1 - Definitions. 16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices- In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. Or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of 433.2 ( a ). - ( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract.","date_sent_to_company":"2024-01-26T06:27:38.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"23225","tags":null,"has_narrative":true,"complaint_id":"8227588","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2024-01-26T06:20:02.000Z","state":"VA","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>Union</em> Act [ 12 U.S.C. 1751 et seq. ], by the Board of the XXXX XXXX XXXX XXXX with respect to any federally insured <em>credit</em> <em>union</em>, and any subsidiaries of such an entity. ( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer"],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[4.821736,"8227588"]},{"_index":"complaint-public-v1","_id":"8271366","_score":4.7928514,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I have never given Equifax written permission to have nor share my financial information which consist of my transaction history ( It is against the law to share transaction history- that is ILLEGAL ), opening of my accounts, types of accounts, full name, address, phone #, XXXX,, etc. Due to the actions of Equifax, I have faced socioeconomic discrimination in regard to credit transactions and I have been injured by the furnishings ( of my non-public personal information provided to financial institution and others ) of the respondent. I have been denied credit and access to my human right of realization pursuant to 42 USC 1981. Pursuant to 15 USC 1681b Permissible Purposes ( 2 ), the respondent was never granted written consent. If in any way the respondent was granted written consent, it was granted to the respondent by way of extrinsic fraud and I the consumer rescind the respondent 's authority. Per the FCRA, the term consumer report does not include : Any report containing information solely about transactions or experiences between the consumer and the institution making the report any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device. These actions have caused socioeconomic discrimination against me for I have been denied credit transactions due to the furnishing of the respondent. I the consumer has never received a privacy notice. Privacy notices must be clear and conspicuous, meaning they must be reasonably understandable and designed to call attention to the nature and significance of the information contained in the notice. The regulation does not prescribe specific methods for making a notice clear and conspicuous but does provide examples of ways in which to achieve the standard, such as the use of short explanatory sentences or bullet lists and the use of plain-language headings and easily readable typeface and type size. Privacy notices also must accurately reflect the institutions privacy practices per Regulation P - Privacy of Consumer Financial Information. I would hope they heavily consider their oath whereas it states \" I solemnly swear that I will support the Constitution of the United States, that I will faithfully discharge the duties of the office of attorney, and that I will conduct myself at all times with integrity and civility. '' Any action against this oath is misconduct and actionable per se.The XXXX parties who received this information are Banks, XXXX, etc. As the consumer I feel betrayed and mislead that this was taking place without my knowledge and most importantly my consent. These unfair and misleading practices have caused me both emotional and physical harm. I have made attempts to do business with other banks only to be told that they can not proceed with opening a bank account in my name due to reports received and the system not allowing them to move forward.. This is a violation of Privacy Act of XXXX - establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifier assigned to the individual. The Privacy Act requires that agencies give the public notice of their systems of records by publication in the XXXX XXXX. The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to XXXX of XXXX statutory exceptions. The XXXX also provides individuals with a means by which to seek access to and amendment of their records, and sets forth various agency record-keeping requirements. Fair Credit Reporting Act - The Act ( Title VI of the Consumer Credit Protection Act ) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report can not be provided to anyone who does not have a purpose specified in the XXXX. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The XXXX and Accurate Credit Transactions Act added many provisions to this XXXX primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau XXXX XXXX the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains XXXX its enforcement authority. XXXX XXXX XXXX XXXX- Congressional findings and statement of purpose - Accuracy and fairness of credit reporting. The XXXX makes the following findings : ( XXXX ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( XXXX ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( XXXX ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( XXXX ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. XXXX XXXX XXXX XXXX - Protection of nonpublic personal information- ( a ) Privacy obligation policy : It is the policy of the XXXX that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. ( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information - Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title : ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. ( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. ( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S.C. 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law. 15 U.S. Code 6803 - Disclosure of institution privacy policy- ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers. ( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title. ( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to nonaffiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title.\n\n( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer. ( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section. ( 3 ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the District of Columbia, XXXX XXXX, XXXX, XXXX XXXX, the Trust Territory of the XXXX XXXX, the XXXX XXXX, or the XXXX XXXX XXXX. ( e ) Model forms ( 1 ) In general The agencies referred to in section 6804 ( a ) ( 1 ) of this title shall jointly develop a model form which may be used, at the option of the financial institution, for the provision of disclosures under this section. ( 2 ) Format A model form developed under paragraph ( 1 ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font. ( 3 ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX. ( XXXX ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. ( f ) Exception to annual notice requirement A financial institution that ( 1 ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( 2 ) or ( e ) of section 6802 of this title or regulations prescribed under section 6804 ( b ) of this title, and ( 2 ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( 1 ) or ( 2 ). 15 U.S. Code 6804 - Rulemaking - ( a ) Regulatory authority ( 1 ) Rulemaking ( A ) In general Except as provided in subparagraph ( C ), the Bureau of Consumer Financial Protection and the Securities and Exchange Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to their respective jurisdiction under section 6805 of this title ( and notwithstanding subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ] ), except that the Bureau of Consumer Financial Protection shall not have authority to prescribe regulations with respect to the standards under section 6801 of this title. \n\n( B ) CFTC The Commodity Futures Trading Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to the jurisdiction of the Commodity Futures Trading Commission under section 7b2 of title 7. ( C ) Federal Trade Commission authority Notwithstanding the authority of the Bureau of Consumer Financial Protection under subparagraph ( A ), the Federal Trade Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to any financial institution that is a person described in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ]. ( D ) Rule of construction Nothing in this paragraph shall be construed to alter, affect, or otherwise limit the authority of a State insurance authority to adopt regulations to carry out this subchapter. ( 2 ) Coordination, consistency, and comparability Each of the agencies authorized under paragraph ( 1 ) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with [ 1 ] representatives of State insurance authorities designated by the XXXX XXXX XXXX XXXX XXXX, for the purpose of assuring, to the extent possible, that the regulations prescribed by each such agency are consistent and comparable with the regulations prescribed by the other such agencies. ( XXXX ) Procedures and deadline Such regulations shall be prescribed in accordance with applicable requirements of title XXXX. ( b ) Authority to grant exceptions The regulations prescribed under subsection ( a ) may include such additional exceptions to subsections ( a ) through ( d ) of section 6802 of this title as are deemed consistent with the purposes of this subchapter. 15 U.S. Code 6805 - Enforcement - ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Under section 1818 of title 12, by the appropriate Federal banking agency, as defined in section 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries or affiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by the XXXX XXXX XXXX XXXX ( other than members of the Federal Reserve XXXX ), insured XXXX branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by the XXXX XXXX XXXX XXXX, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ). ( XXXX ) Under the XXXX XXXX XXXX XXXX [ XXXX XXXX. XXXX et seq. ], by the XXXX XXXX XXXX XXXX XXXX XXXX XXXX with respect to any federally insured credit union, and any subsidiaries of such an entity. ( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer.\n\n( 4 ) Under the Investment Company Act of 1940 [ 15 U.S.C. 80a1 et seq. ], by the Securities and Exchange Commission with respect to investment companies. ( 5 ) Under the Investment Advisers Act of 1940 [ 15 U.S.C. 80b1 et seq. ], by the Securities and Exchange Commission with respect to investment advisers registered with the Commission under such Act. ( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled, subject to section 6701 of this title. ( 7 ) Under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq. ], by the Federal Trade Commission for any other financial institution or other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection. ( 8 ) Under subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau of Consumer Financial Protection, in the case of any financial institution and other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards under section 6801 of this title. ( b ) Enforcement of section 6801 ( 1 ) In general Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau of Consumer Financial Protection, shall implement the standards prescribed under section 6801 ( b ) of this title in the same manner, to the extent practicable, as standards prescribed pursuant to section 1831p1 ( a ) of title 12 are implemented pursuant to such section. ( 2 ) Exception The agencies and authorities described in paragraphs ( 3 ), ( 4 ), ( 5 ), ( 6 ), and ( 7 ) of subsection ( a ) shall implement the standards prescribed under section 6801 ( b ) of this title by rule with respect to the financial institutions and other persons subject to their respective jurisdictions under subsection ( a ). ( c ) Absence of State action If a State insurance authority fails to adopt regulations to carry out this subchapter, such State shall not be eligible to override, pursuant to section 1831x ( g ) ( 2 ) ( B ) ( iii ) of title 12, the insurance customer protection regulations prescribed by a Federal banking agency under section 1831x ( a ) of title 12. ( d ) Definitions The terms used in subsection ( a ) ( 1 ) that are not defined in this subchapter or otherwise defined in section 1813 ( s ) of title 12 shall have the same meaning as given in section 3101 of title 12. 16 CFR Part 313 - PART 313PRIVACY OF CONSUMER FINANCIAL INFORMATION. 16 CFR 433.1 - Definitions. 16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices- In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission XXXX, it is an unfair or deceptive act or practice within the meaning of section XXXX of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least XXXX point, bold face, type : NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. Or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least XXXX point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 16 CFR 433.3 - XXXX of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of XXXX ( a ). - ( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( XXXX ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract.","date_sent_to_company":"2024-02-02T18:40:25.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"23225","tags":null,"has_narrative":true,"complaint_id":"8271366","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-02-02T18:33:06.000Z","state":"VA","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau XXXX XXXX the <em>rulemaking</em> responsibilities added to this Act by the Fair and Accurate <em>Credit</em> Transactions Act and the <em>Credit</em> CARD Act, but the Commission retains XXXX its enforcement authority. XXXX XXXX XXXX XXXX- Congressional findings and statement of purpose - Accuracy and fairness of <em>credit</em> reporting."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[4.7928514,"8271366"]},{"_index":"complaint-public-v1","_id":"8503584","_score":4.639114,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"PER, FCRA as a Ferally Protected Consumer I Am Now Opting-Out of Any And All Auuthorization I The Consumer may Have Given You.\n\nWritten, Unwrittn, Verbal, And Non-verbal, Per 15 USC-6802.\n\n15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.\n\n( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\n( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information.\n\n( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.\n\n( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S.C. 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law.\n\n( Pub. L. 106102, title V, 502, Nov. 12, 1999, 113 Stat. 1437 ; Pub. L. 111203, title X, 1093 ( 2 ), July 21, 2010, 124 Stat. 2095. ) 15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.\n\n( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.\n\n( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.\n\n( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.\n\n( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter.\n\n( Pub. L. 90321, title VI, 602, as added Pub. L. 91508, title VI, 601, Oct. 26, 1970, 84 Stat. 1128. ) 15 U.S. Code 6803 - Disclosure of institution privacy policy ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers.\n\n( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title.\n\n( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to nonaffiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title.\n\n( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer.\n\n( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section.\n\n( 3 ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the District of Columbia, XXXX XXXX, XXXX, XXXX XXXX, the Trust Territory of the XXXX XXXX, the XXXX XXXX, or the XXXX XXXX XXXX. \n\n( e ) Model forms ( 1 ) In general The agencies referred to in section 6804 ( a ) ( 1 ) of this title shall jointly develop a model form which may be used, at the option of the financial institution, for the provision of disclosures under this section.\n\n( 2 ) Format A model form developed under paragraph ( 1 ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font.\n\n( 3 ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX. \n\n( 4 ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. \n\n( f ) Exception to annual notice requirement A financial institution that ( 1 ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( 2 ) or ( e ) of section 6802 of this title or regulations prescribed under section 6804 ( b ) of this title, and ( 2 ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( 1 ) or ( 2 ).\n\n( Pub. L. 106102, title V, 503, Nov. 12, 1999, 113 Stat. 1439 ; Pub. L. 109351, title VI, 609, title VII, 728, Oct. 13, 2006, 120 Stat. 1983, 2003 ; Pub. L. 11494, div. G, title LXXV, 75001, Dec. 4, 2015, 129 Stat. 1787. ) 15 U.S. Code 6804 - Rulemaking ( a ) Regulatory authority ( 1 ) Rulemaking ( A ) In general Except as provided in subparagraph ( C ), the Bureau of Consumer Financial Protection and the Securities and Exchange Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to their respective jurisdiction under section 6805 of this title ( and notwithstanding subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ] ), except that the Bureau of Consumer Financial Protection shall not have authority to prescribe regulations with respect to the standards under section 6801 of this title.\n\n( B ) CFTC The Commodity Futures Trading Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to the jurisdiction of the Commodity Futures Trading Commission under section 7b2 of title 7.\n\n( C ) Federal Trade Commission authority Notwithstanding the authority of the Bureau of Consumer Financial Protection under subparagraph ( A ), the Federal Trade Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to any financial institution that is a person described in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ].\n\n( D ) Rule of construction Nothing in this paragraph shall be construed to alter, affect, or otherwise limit the authority of a State insurance authority to adopt regulations to carry out this subchapter.\n\n( 2 ) Coordination, consistency, and comparability Each of the agencies authorized under paragraph ( 1 ) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with [ 1 ] representatives of State insurance authorities designated by the National Association of Insurance Commissioners, for the purpose of assuring, to the extent possible, that the regulations prescribed by each such agency are consistent and comparable with the regulations prescribed by the other such agencies.\n\n( 3 ) Procedures and deadline Such regulations shall be prescribed in accordance with applicable requirements of title 5.\n\n( b ) Authority to grant exceptions The regulations prescribed under subsection ( a ) may include such additional exceptions to subsections ( a ) through ( d ) of section 6802 of this title as are deemed consistent with the purposes of this subchapter.\n\n( Pub. L. 106102, title V, 504, Nov. 12, 1999, 113 Stat. 1439 ; Pub. L. 111203, title X, 1093 ( 3 ), July 21, 2010, 124 Stat. 2095. ) ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Under section 1818 of title 12, by the appropriate Federal banking agency, as defined in section 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries or affiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ).\n\n( 2 ) Under the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Board of the National Credit Union Administration with respect to any federally insured credit union, and any subsidiaries of such an entity.\n\n( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer.\n\n( 4 ) Under the Investment Company Act of 1940 [ 15 U.S.C. 80a1 et seq. ], by the Securities and Exchange Commission with respect to investment companies.\n\n( 5 ) Under the Investment Advisers Act of 1940 [ 15 U.S.C. 80b1 et seq. ], by the Securities and Exchange Commission with respect to investment advisers registered with the Commission under such Act.\n\n( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled, subject to section 6701 of this title.\n\n( 7 ) Under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq. ], by the Federal Trade Commission for any other financial institution or other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection.\n\n( 8 ) Under subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau of Consumer Financial Protection, in the case of any financial institution and other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards under section 6801 of this title.\n\n( b ) Enforcement of section 6801 ( 1 ) In general Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau of Consumer Financial Protection, shall implement the standards prescribed under section 6801 ( b ) of this title in the same manner, to the extent practicable, as standards prescribed pursuant to section 1831p1 ( a ) of title 12 are implemented pursuant to such section.\n\n( 2 ) Exception The agencies and authorities described in paragraphs ( 3 ), ( 4 ), ( 5 ), ( 6 ), and ( 7 ) of subsection ( a ) shall implement the standards prescribed under section 6801 ( b ) of this title by rule with respect to the financial institutions and other persons subject to their respective jurisdictions under subsection ( a ).\n\n( c ) Absence of State action If a State insurance authority fails to adopt regulations to carry out this subchapter, such State shall not be eligible to override, pursuant to section 1831x ( g ) ( 2 ) ( B ) ( iii ) of title 12, the insurance customer protection regulations prescribed by a Federal banking agency under section 1831x ( a ) of title 12.\n\n( d ) Definitions The terms used in subsection ( a ) ( 1 ) that are not defined in this subchapter or otherwise defined in section 1813 ( s ) of title 12 shall have the same meaning as given in section 3101 of title 12.\n\n( Pub. L. 106102, title V, 505, Nov. 12, 1999, 113 Stat. 1440 ; Pub. L. 111203, title X, 1093 ( 4 ), ( 5 ), July 21, 2010, 124 Stat. 2096, 2097. ) 15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.\n\n( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.\n\n( Pub. L. 106102, title V, 501, Nov. 12, 1999, 113 Stat. 1436 ; Pub. L. 111203, title X, 1093 ( 1 ), July 21, 604. Permissible purposes of consumer reports [ 15 U.S.C. 1681b ] ( a ) In general. Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18. ( 2 ) In accordance with the written instructions of the consumer to whom it relates. ( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.2 ( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.2 nonpublic personal information ( 4 ) Nonpublic personal information ( A ) The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer ; or ( iii ) otherwise obtained by the financial institution. ( B ) Such term does not include publicly available information, as such term is defined by the regulations prescribed under section 6804 of this title. ( C ) Notwithstanding subparagraph ( B ), such term ( i ) shall include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived using any nonpublic personal information other than publicly available information; but ( ii ) shall not include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived without using any nonpublic personal information.\n\n( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\nThe Privacy Act of 1974 The Privacy Act of 1974 is a federal law that governs our collection and use of records we maintain on you in a system of records. A system of records is any grouping of information about an individual under the control of a Federal agency from which information is retrievable by personal identifiers, such as name, social security number, or other identifying number or symbol. Under the Privacy Act, Federal agencies may not disclose information without consent unless certain exceptions apply to the disclosure. The Privacy Act provides protections to individuals in three primary ways. It provides individuals with : ..the right to request their records, subject to Privacy Act exemptions ; ..the right to request a change to their records that are not accurate, relevant, timely or complete ; and ..the right to be protected against unwarranted invasion of their privacy resulting from the collection, maintenance, use, and disclosure of their personal information.\n\nAll OSC 's System of Records Notices ( SORNs ) are published in the Federal Register. These notices provide the legal authority for collecting and storing records, individuals about whom records will be collected, what kinds of information will be collected, and how the records will be used.\n\nThe following are the twelve ( 12 ) Privacy Act Exemptions when consent to release information is not required : 1.to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties ; 2.required under section 552 of this title ( FOIA disclosures ) ; 3.for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ( routine uses ) ; 4.to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; 5.to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; 6.to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; 7.to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; 8.to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; 9.to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof , any joint committee of Congress or subcommittee of any such joint committee ; 10.to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; 11.pursuant to the order of a court of competent jurisdiction ; or 12.to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. \n\n\nInquiry details XXXX XXXX ( Bank ) XX/XX/XXXX XXXX XXXX XXXX ( Bank ) XX/XX/XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX  ( Finance ) XX/XX/XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX  XXXX ( Bank ) XX/XX/XXXX XXXX  XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX ( Bank ) XX/XX/XXXX XXXX XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX XXXX ( Bank ) XX/XX/XXXX XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX XXXX XXXX ( Auto ) XX/XX/XXXX XXXX-XXXX ( Finance ) XX/XX/XXXX XXXX XXXX Opened XXXX {$190.00} XXXX XXXX XXXX Opened XXXX {$240.00} XXXX XXXX XXXX Opened XXXX {$1000.00} Other loans XXXX XXXX XXXX 5 mos Hard Inquiries When you apply for a new credit account, a hard inquiry will usually get added to your report, which can make a small dent in your score. Here are the inquiries on your TransUnion report. \n\nXXXX XXXX Inquiry : XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Credit Union ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Finance/Personal ( XXXX ) XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Credit Union ( XXXX ) XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Finance/Personal ( XXXX ) XXXX XXXX  XXXX Inquiry : XXXX. XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX. XXXX, XXXX + Finance/Personal ( XXXX ) XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Credit Union ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Finance/Personal ( XXXX ) XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Finance/Personal ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Finance/Personal ( XXXX ) XXXX XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Automotive ( XXXX ) XXXX XXXX Inquiry : XXXX XXXX, XXXX + Finance/Personal ( XXXX ) XXXX ADDRESSES REPORTED XXXX XXXX XXXX XXXX XXXX XXXX, IL XXXX EMPLOYMENT INFO XXXX XXXX XXXX XXXX XXXX XXXX CREDIT CARDS XXXX XXXXXXXX XXXX Reported : XXXX XXXX, XXXX + {$630.00} Closed","date_sent_to_company":"2024-03-08T09:04:07.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"61820","tags":null,"has_narrative":true,"complaint_id":"8503584","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-03-08T09:04:03.000Z","state":"IL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["( 2 ) Under the Federal <em>Credit</em> <em>Union</em> Act [ 12 U.S.C. 1751 et seq. ], by the Board of the National <em>Credit</em> <em>Union</em> Administration with respect to any federally insured <em>credit</em> <em>union</em>, and any subsidiaries of such an entity.\n\n( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[4.639114,"8503584"]},{"_index":"complaint-public-v1","_id":"8503583","_score":4.639114,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"PER, FCRA as a Ferally Protected Consumer I Am Now Opting-Out of Any And All Auuthorization I The Consumer may Have Given You.\n\nWritten, Unwrittn, Verbal, And Non-verbal, Per 15 USC-6802.\n\n15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.\n\n( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\n( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information.\n\n( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.\n\n( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S.C. 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law.\n\n( Pub. L. 106102, title V, 502, Nov. 12, 1999, 113 Stat. 1437 ; Pub. L. 111203, title X, 1093 ( 2 ), July 21, 2010, 124 Stat. 2095. ) 15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.\n\n( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.\n\n( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.\n\n( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.\n\n( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter.\n\n( Pub. L. 90321, title VI, 602, as added Pub. L. 91508, title VI, 601, Oct. 26, 1970, 84 Stat. 1128. ) 15 U.S. Code 6803 - Disclosure of institution privacy policy ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers.\n\n( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title.\n\n( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to nonaffiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title.\n\n( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer.\n\n( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section.\n\n( 3 ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the District of Columbia, XXXX XXXX, XXXX, XXXX XXXX, the Trust Territory of the XXXX XXXX, the XXXX XXXX, or the XXXX XXXX XXXX. \n\n( e ) Model forms ( 1 ) In general The agencies referred to in section 6804 ( a ) ( 1 ) of this title shall jointly develop a model form which may be used, at the option of the financial institution, for the provision of disclosures under this section.\n\n( 2 ) Format A model form developed under paragraph ( 1 ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font.\n\n( 3 ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX. \n\n( 4 ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section.\n\n( f ) Exception to annual notice requirement A financial institution that ( 1 ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( 2 ) or ( e ) of section 6802 of this title or regulations prescribed under section 6804 ( b ) of this title, and ( 2 ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( 1 ) or ( 2 ).\n\n( Pub. L. 106102, title V, 503, Nov. 12, 1999, 113 Stat. 1439 ; Pub. L. 109351, title VI, 609, title VII, 728, Oct. 13, 2006, 120 Stat. 1983, 2003 ; Pub. L. 11494, div. G, title LXXV, 75001, Dec. 4, 2015, 129 Stat. 1787. ) 15 U.S. Code 6804 - Rulemaking ( a ) Regulatory authority ( 1 ) Rulemaking ( A ) In general Except as provided in subparagraph ( C ), the Bureau of Consumer Financial Protection and the Securities and Exchange Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to their respective jurisdiction under section 6805 of this title ( and notwithstanding subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ] ), except that the Bureau of Consumer Financial Protection shall not have authority to prescribe regulations with respect to the standards under section 6801 of this title.\n\n( B ) CFTC The Commodity Futures Trading Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to the jurisdiction of the Commodity Futures Trading Commission under section 7b2 of title 7.\n\n( C ) Federal Trade Commission authority Notwithstanding the authority of the Bureau of Consumer Financial Protection under subparagraph ( A ), the Federal Trade Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to any financial institution that is a person described in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ].\n\n( D ) Rule of construction Nothing in this paragraph shall be construed to alter, affect, or otherwise limit the authority of a State insurance authority to adopt regulations to carry out this subchapter.\n\n( 2 ) Coordination, consistency, and comparability Each of the agencies authorized under paragraph ( 1 ) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with [ 1 ] representatives of State insurance authorities designated by the National Association of Insurance Commissioners, for the purpose of assuring, to the extent possible, that the regulations prescribed by each such agency are consistent and comparable with the regulations prescribed by the other such agencies.\n\n( 3 ) Procedures and deadline Such regulations shall be prescribed in accordance with applicable requirements of title 5.\n\n( b ) Authority to grant exceptions The regulations prescribed under subsection ( a ) may include such additional exceptions to subsections ( a ) through ( d ) of section 6802 of this title as are deemed consistent with the purposes of this subchapter.\n\n( Pub. L. 106102, title V, 504, Nov. 12, 1999, 113 Stat. 1439 ; Pub. L. 111203, title X, 1093 ( 3 ), July 21, 2010, 124 Stat. 2095. ) ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Under section 1818 of title 12, by the appropriate Federal banking agency, as defined in section 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries or affiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ).\n\n( 2 ) Under the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Board of the National Credit Union Administration with respect to any federally insured credit union, and any subsidiaries of such an entity.\n\n( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer.\n\n( 4 ) Under the Investment Company Act of 1940 [ 15 U.S.C. 80a1 et seq. ], by the Securities and Exchange Commission with respect to investment companies.\n\n( 5 ) Under the Investment Advisers Act of 1940 [ 15 U.S.C. 80b1 et seq. ], by the Securities and Exchange Commission with respect to investment advisers registered with the Commission under such Act.\n\n( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled, subject to section 6701 of this title.\n\n( 7 ) Under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq. ], by the Federal Trade Commission for any other financial institution or other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection.\n\n( 8 ) Under subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau of Consumer Financial Protection, in the case of any financial institution and other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards under section 6801 of this title.\n\n( b ) Enforcement of section 6801 ( 1 ) In general Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau of Consumer Financial Protection, shall implement the standards prescribed under section 6801 ( b ) of this title in the same manner, to the extent practicable, as standards prescribed pursuant to section 1831p1 ( a ) of title 12 are implemented pursuant to such section.\n\n( 2 ) Exception The agencies and authorities described in paragraphs ( 3 ), ( 4 ), ( 5 ), ( 6 ), and ( 7 ) of subsection ( a ) shall implement the standards prescribed under section 6801 ( b ) of this title by rule with respect to the financial institutions and other persons subject to their respective jurisdictions under subsection ( a ).\n\n( c ) Absence of State action If a State insurance authority fails to adopt regulations to carry out this subchapter, such State shall not be eligible to override, pursuant to section 1831x ( g ) ( 2 ) ( B ) ( iii ) of title 12, the insurance customer protection regulations prescribed by a Federal banking agency under section 1831x ( a ) of title 12.\n\n( d ) Definitions The terms used in subsection ( a ) ( 1 ) that are not defined in this subchapter or otherwise defined in section 1813 ( s ) of title 12 shall have the same meaning as given in section 3101 of title 12.\n\n( Pub. L. 106102, title V, 505, Nov. 12, 1999, 113 Stat. 1440 ; Pub. L. 111203, title X, 1093 ( 4 ), ( 5 ), July 21, 2010, 124 Stat. 2096, 2097. ) 15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.\n\n( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.\n\n( Pub. L. 106102, title V, 501, Nov. 12, 1999, 113 Stat. 1436 ; Pub. L. 111203, title X, 1093 ( 1 ), July 21, 604. Permissible purposes of consumer reports [ 15 U.S.C. 1681b ] ( a ) In general. Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18. ( 2 ) In accordance with the written instructions of the consumer to whom it relates. ( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.2 ( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.2 nonpublic personal information ( 4 ) Nonpublic personal information ( A ) The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer ; or ( iii ) otherwise obtained by the financial institution. ( B ) Such term does not include publicly available information, as such term is defined by the regulations prescribed under section 6804 of this title. ( C ) Notwithstanding subparagraph ( B ), such term ( i ) shall include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived using any nonpublic personal information other than publicly available information; but ( ii ) shall not include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived without using any nonpublic personal information.\n\n( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\nThe Privacy Act of 1974 The Privacy Act of 1974 is a federal law that governs our collection and use of records we maintain on you in a system of records. A system of records is any grouping of information about an individual under the control of a Federal agency from which information is retrievable by personal identifiers, such as name, social security number, or other identifying number or symbol. Under the Privacy Act, Federal agencies may not disclose information without consent unless certain exceptions apply to the disclosure. The Privacy Act provides protections to individuals in three primary ways. It provides individuals with : ..the right to request their records, subject to Privacy Act exemptions ; ..the right to request a change to their records that are not accurate, relevant, timely or complete ; and ..the right to be protected against unwarranted invasion of their privacy resulting from the collection, maintenance, use, and disclosure of their personal information.\n\nAll OSC 's System of Records Notices ( SORNs ) are published in the Federal Register. These notices provide the legal authority for collecting and storing records, individuals about whom records will be collected, what kinds of information will be collected, and how the records will be used.\n\nThe following are the twelve ( 12 ) Privacy Act Exemptions when consent to release information is not required : 1.to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties ; 2.required under section 552 of this title ( FOIA disclosures ) ; 3.for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ( routine uses ) ; 4.to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; 5.to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; 6.to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; 7.to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; 8.to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; 9.to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof , any joint committee of Congress or subcommittee of any such joint committee ; 10.to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; 11.pursuant to the order of a court of competent jurisdiction ; or 12.to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. \n\n\nInquiry details XXXX XXXX ( Bank ) XX/XX/XXXX XXXX XXXX XXXX ( Bank ) XX/XX/XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX  XXXX ( Bank ) XX/XX/XXXX XXXX  XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX ( Bank ) XX/XX/XXXX XXXX XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX XXXX ( Bank ) XX/XX/XXXX XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX XXXX XXXX ( Auto ) XX/XX/XXXX XXXX-XXXX ( Finance ) XX/XX/XXXX XXXX XXXX Opened XXXX {$190.00} XXXX XXXX XXXX Opened XXXX {$240.00} XXXX XXXX XXXX Opened XXXX {$1000.00} Other loans XXXX XXXX XXXX 5 mos Hard Inquiries When you apply for a new credit account, a hard inquiry will usually get added to your report, which can make a small dent in your score. Here are the inquiries on your TransUnion report. \n\nXXXX XXXX Inquiry : XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Credit Union ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Finance/Personal ( XXXX ) XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Credit Union ( XXXX ) XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Finance/Personal ( XXXX ) XXXX XXXX  XXXX Inquiry : XXXX. XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX. XXXX, XXXX + Finance/Personal ( XXXX ) XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Credit Union ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Finance/Personal ( XXXX ) XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Finance/Personal ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Finance/Personal ( XXXX ) XXXX XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Automotive ( XXXX ) XXXX XXXX Inquiry : XXXX XXXX, XXXX + Finance/Personal ( XXXX ) XXXX ADDRESSES REPORTED XXXX XXXX XXXX XXXX XXXX XXXX, IL XXXX EMPLOYMENT INFO XXXX XXXX XXXX  XXXX XXXX XXXX CREDIT CARDS XXXX  XXXX XXXX Reported : XXXX XXXX, XXXX + {$630.00} Closed","date_sent_to_company":"2024-03-08T09:04:07.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"61820","tags":null,"has_narrative":true,"complaint_id":"8503583","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-03-08T09:04:03.000Z","state":"IL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["( 2 ) Under the Federal <em>Credit</em> <em>Union</em> Act [ 12 U.S.C. 1751 et seq. ], by the Board of the National <em>Credit</em> <em>Union</em> Administration with respect to any federally insured <em>credit</em> <em>union</em>, and any subsidiaries of such an entity.\n\n( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[4.639114,"8503583"]},{"_index":"complaint-public-v1","_id":"10717011","_score":4.4737663,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"OUR COMPLAINT\nI XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  United States of\nAmerican I XXXX, have look at my credit report and see that there are\ninaccurate reports on my account child support dont not report to credit reporters and by\nlawful cancellation all contracts and remove theses accounts off my credit profile I will like a\ncontract to show that me a living soul that me and them the other party showed in contact\nwhere we both agreed upon on all disclosure must be showed its a invalid contract please\nremove from my credit report it have hinder me from my future benefits. UCC 1-308 without\nprejudice Please remove these accounts immediately. I Recently viewed my credit report\nand saw that there is incorrect information on my credit report. In accordance with the Fair\nCredit Reporting act. These accounts is inaccurate and dont have no contract with me or\ndid not notify me or put me on notice that was going to report these accounts on my credit\nreport. I have the rights to private I will love equity for all the inaccurate accounts on my\ncredit report.The List of accounts below has violated my federally protected consumer rights\nto privacy and confidentiality under 15 USC 1681. I HAVE NOTICE THESE NAMES AND\nADDRESSES XXXX XXXX XXXX XXXX XXXX XXXX is not my address DO NOT BELONG TO ME CAN YOU\nPLEASE REMOVE THIS ADDRESS FROM MY INFORMATION ON MY CREDIT REPORT\nIMMEDIATELY. : I have tried time after times delete this\noff my credit report immediately this is not acting in good Faith by law to delete this account immediately yes deleted this account IMMEDIATELY . (XXXX XXXX XXXX XXXX XXXX XXXX XXXX and Trans Union have removed and deleted this child support. I would this is my XXXX  time contacting \nXXXX  to deleted it and they put it back in my credit report its a VIOLATION by law thats\nillegal I will like for these accounts to be deleted and remove this account immediately. XXXX XXXX XXXX XXXX XXXX, has\nviolated my rights. 15 U.S.C 6802 (B) The consumer is given the opportunity, before the time\nthat such information is initially disclosed, to direct that such information not be disclosed to\nXXXX XXXX XXXX XXXX\nPage XXXX of XXXX  such XXXX  party; and (C)the consumer is given an explanation of how the consumer can\nexercise that nondisclosure option. 15 U.S.C 1681 section 602 A. States I have the right to\nprivacy. 15 U.S.C 1681 Section 604 A Section 2: It also states a consumer reporting agency\ncannot furnish an account without my written instructions. 15 U.S.C 1681c. (a)(5) Section\nStates: no consumer reporting agency may make any consumer report containing any of the\nfollowing items of information Any other adverse item of information, other than records of\nconvictions of crimes which antedates the report by more than seven years. 15 U.S.C 1681\nsection 623 If a consumer notifies a furnisher, at an address specified by the furnisher for\nsuch notices, that specific information is inaccurate, and the information is, in fact,\ninaccurate, the furnisher must thereafter report the correct information to CRAs. Section\n623(a)(1)(B). 15 U.S.C. 1681s-2 (A)(1) A person shall not furnish any information relating to a\nconsumer to any consumer reporting agency if the person knows or has reasonable cause\nto believe that the information is inaccurate. Also the credit bureaus failed to do a complete\na full investigation here is my certified cfpb complaint number. I HAVE TRYING CALLING\nAND MORE AND HAVE NOT GOT NOT MAIL TO UPDATE ME ON MY credit profile and I\ndont not want the reporting any thing for me on my credit account I am a living man I can\nconduct my own business and have the right to privacy bay law UCC I SEE THEY ARE FAILED TO COMPLETE A FULL investigation. You have 4 days to delete this from my account immediately its hurt my credit profile from getting a response please to live and depender automobile to travel XXXX XXXX XXXX is my correct name this is a\nviolation. I want this these account CLOSE\n WITH MONETARY RELIEF. They had fail to mail or\nemail me a FRA Letter explaining my rights and show me proof of my wet signature.. Please\nremove ALL HARD INQUIRIES I DUD NOT RECEIVED ANY THING FOR TRANSACTION \n\nTN XXXX XXXX XXXX HAVE VIOLATED MY RIGHTS [TRANSUNION PLEASE DELETE OR UPDATE LATE PAYMENT TO PAID XXXX XXXX XXXX XXXX XXXX XXXX XXXX HAVE VIOLATED MY RIGHT XXXX XXXX XXXX XXXX XXXX have VIOLATED MY RIGHTS I WIL LIKE XXXX dollar for every violation its stopped me from gettIng a place to live and I have already sent letters and emails no response back delete these accounts immediately IMMEDIATE AND SEND CHECK BY MAIL. These accounts dose not match on all credit reports please delete 15 US\n\n15 U.S. Code  1681i\n- Procedure in case of disputed accuracy (5) Treatment of inaccurate or unverifiable\ninformation (A) In general If, after any reinvestigation under paragraph (1) of any information\ndisputed by a consumer, an item of the information is found to be inaccurate or incomplete\nor cannot be verified, the consumer reporting agency shall (i) promptly delete that item of\ninformation from the file of the consumer, or modify that item of information, as appropriate,\nbased on the results of the reinvestigation; and (ii) promptly notify the furnisher of that\ninformation that the information has been modified or deleted from the file of the\nconsumer. 15 U.S. Code  1681q - Obtaining information under false pretenses Any person\nwho knowingly and willfully obtains information on a consumer from a consumer reporting\nagency under false pretenses shall be fined under title 18, imprisoned for not more than XXXX\nyears, or both. 15 U.S. Code  1666b - Timing of payments (a) Time to make payments A\ncreditor may not treat a payment on a credit card account under an open end consumer\ncredit plan as late for any purpose, unless the creditor has adopted reasonable procedures\ndesigned to ensure that each periodic statement including the information required by\nsection 1637(b) of this title is mailed or delivered to the consumer not later than XXXX  days\nbefore the payment due date. (b) Grace period If an open end consumer credit plan\nprovides a time period within which an obligor may repay any portion of the credit\nextended without incurring an additional finance charge, such additional finance charge\nmay not be imposed with respect to such portion of the credit extended for the billing cycle\nof which such period is a part, unless a statement which includes the amount upon which\nthe finance charge for the period is based was mailed or delivered to the consumer not\nlater than XXXX  days before the date specified in the statement by which payment must be\nmade in order to avoid imposition of that finance charge. 15 U.S. Code  1638 -\nTransactions other than under an open end credit plan a) Required disclosures by creditor\nFor each consumer credit transaction other than under an open end credit plan, the creditor\nshall disclose each of the following items, to the extent applicable: (1) The identity of the\ncreditor required to make disclosure. (2) (A) The amount financed, using that term, which\nshall be the amount of credit of which the consumer has actual use. This amount shall be\ncomputed as follows, but the computations need not be disclosed and shall not be\ndisclosed with the disclosures conspicuously segregated in accordance with subsection (b)\n(1): (i) take the principal amount of the loan or the cash price less downpayment and trade-\nin; (ii) add any charges which are not part of the finance charge or of the principal amount\nof the loan and which are financed by the consumer, including the cost of any items\nexcluded from the finance charge pursuant to section 1605 of this title; and (iii) subtract any\ncharges which are part of the finance charge but which will be paid by the consumer before\nXXXX XXXX XXXX XXXX\nPage XXXX of XXXX\nor at the time of the consummation of the transaction, or have been withheld from the\nproceeds of the credit. (B) In conjunction with the disclosure of the amount financed, a\ncreditor shall provide a statement of the consumers right to obtain, upon a written request,\na written itemization of the amount financed. The statement shall include spaces for a yes\nand no indication to be initialed by the consumer to indicate whether the consumer wants\na written itemization of the amount financed. Upon receiving an affirmative indication, the\ncreditor shall provide, at the time other disclosures are required to be furnished, a written\nitemization of the amount financed. For the purposes of this subparagraph, itemization of\nthe amount financed means a disclosure of the following items, to the extent applicable: (i)\nthe amount that is or will be paid directly to the consumer; (ii) the amount that is or will be\ncredited to the consumers account to discharge obligations owed to the creditor; (iii) each\namount that is or will be paid to third persons by the creditor on the consumers behalf,\ntogether with an identification of or reference to the third person; and (iv) the total amount\nof any charges described in the preceding subparagraph (A)(iii). XXXX The finance charge,\nnot itemized, using that term. XXXX The finance charge expressed as an annual percentage\nrate, using that term. This shall not be required if the amount financed does not exceed $XXXX  and the finance charge does not exceed XXXX, or if the amount financed exceeds $XXXX  and the\nfinance charge does not exceed XXXXXXXX XXXX) The sum of the amount financed and the finance\ncharge, which shall be termed the total of payments. XXXX) The number, amount, and due\ndates or period of payments scheduled to repay the total of payments. XXXX XXXX XXXX, 520 U.S. 329 (1997) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  TO THE UNITED STATES COURT\nOF APPEALS FOR THE XXXX XXXX XXXX XXXX Argued XXXX XXXX XXXX-Decided XXXX XXXX XXXX Respondents, five Arizona mothers whose children are eligible for state child\nsupport services under Title IV -D of the Social Security Act, filed this 42 U. S. C.  1983 suit\nagainst petitioner, the director of the state child support agency, claiming, among other\nthings, that they properly applied for child support services; that, despite their good faith\nefforts to cooperate, the agency never took adequate steps to obtain child support\npayments for them; that these omissions were largely attributable to staff shortages and\nother structural defects in the State's program; and that these systemic failures violated their\nindividual rights under Title XXXX  to have all mandated services delivered in substantial\ncompliance with the title and its implementing regulations. They requested broad relief,\nincluding a declaratory judgment that the Arizona program's operation violates TitlXXXX XXXX XXXX\nprovisions creating rights in them that are enforceable through a  1983 action, and an\ninjunction requiring the director to achieve substantial compliance with Title IV-D\nthroughout all programmatic operations. The District Court granted summary judgment for\npetitioner, but the XXXX XXXX  reversed. Without distinguishing among the numerous\nprovisions of the complex XXXX XXXX program or the many rights those provisions might\nhave created, the latter court held that respondents had an enforceable individual right to\nhave the State achieve \"substantial compliance\" with XXXX XXXX. It also disagreed with the\nDistrict Court's conclusion that Congress had foreclosed private XXXX XXXX enforcement\nactions by authorizing the Secretary of Health and Human Services (Secretary) to audit and\ncut off funds to States whose programs do not substantially comply with XXXX XXXX\nrequirements Held: XXXX XXXX does not give individuals a federal right to force a state\nagency to substantially comply with XXXX XXXX XXXX  (a) A plaintiff seeking  XXXX  redress must assert the violation of a federal right, not merely of federal lawXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 493 U. S. 103, 106. XXXX  principal factors determine whether a\nstatutory provision creates a privately enforceable right: XXXX whether the plaintiff is an\nintended beneficiary of the statute; (XXXX  whether the plaintiff's asserted interests are not so\nvague and amor- XXXX  Syllabus phous as to be beyond the competence of the judiciary to\nenforce; and (3) whether the statute imposes a binding obligation on the State. SeeXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, 496 U. S. 498, 509. Even if a plaintiff demonstrates such a\nright, however, there is only a rebuttable presumption that it is enforceable under  XXXX.\nDismissal is proper if Congress specifically foreclosed a  XXXX  remedy, XXXX XXXX XXXX,\n468 U. S. 992, 1005, XXXX XXXX XXXX, either expressly, by forbidding recourse to  XXXX  in the\nstatute itself, or impliedly, by creating a comprehensive enforcement scheme that is\nincompatible with individual  XXXX  enforcement, XXXX XXXX XXXX, 512 U. S. 107, 133. XXXX XXXX  (b) Respondents have not established that XXXX XXXX gives them individually\nenforceable federal rights. In prior cases, the Court has been able to determine whether or\nXXXX XXXX XXXX XXXX\nPage XXXX of XXXX\nnot a statute created such rights because the plaintiffs articulated, and lower courts\nevaluated, welldefined claims. See, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 479 U. S. 418, 430. Here, respondents have not identified with particularity the\nrights they claim, and the XXXX XXXX has not engaged in the requisite methodical inquiry.\nThat court erred in apparently holding that individuals have an enforceable right to\n\"substantial compliance\" with XXXX XXXX in all respects. The statutory \"substantial\ncompliance\" requirement, see, e. g., 42 U. S. C.  609(a)(8) (1994 ed., Supp. II), does not give\nrise to individual rights; it was not intended to benefit individual children and custodial\nparents, but is simply a yardstick for the Secretary to measure the systemwide performance\nof a State's XXXX XXXX  program, allowing her to increase the frequency of audits and reduce\nthe State's federal grant upon a finding of substantial noncompliance. The Court of Appeals\nalso erred in taking a blanket approach to determining whether XXXX XXXX creates rights: It is\nreadily apparent that many of the provisions of that multifaceted statutory scheme,\nincluding its \"substantial compliance\" standard and data processing, staffing, and\norganizational requirements, do not fit any of the traditional criteria for identifying statutory\nrights. Although this Court does not foreclose the possibility that some XXXX XXXX  provisions\ngive rise to individual rights, the XXXX XXXX  did not separate out the particular rights it\nbelieved arise from the statutory scheme, the complaint is less than clear in this regard, and\nit is not certain whether respondents sought any relief more specific than a declaration that\ntheir \"rights\" were being violated and an injunction forcing petitioner to \"substantially\ncomply\" with all of XXXX XXXX provisions. This defect is best addressed by sending the case\nback for the District Court to construe the complaint in the XXXX  instance, in order to\ndetermine exactly what rights, considered in their most concrete, specific form, respondents\nare asserting. Only by manageably breaking down the 42 U.S. Code  1983 - Civil action for\ndeprivation of rights Every person who, under color of any statute, ordinance, regulation,\ncustom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to\nbe subjected, any citizen of the United States or other person within the jurisdiction thereof\nto the deprivation of any rights, privileges, or immunities secured by the Constitution and\nlaws, shall be liable to the party injured in an action at law, suit in equity, or other proper\nproceeding for redress, except that in any action brought against a judicial officer for an act\nor omission taken in such officers judicial capacity, injunctive relief shall not be granted\nunless a declaratory decree was violated or declaratory relief was unavailable. For the\npurposes of this section, any Act of Congress applicable exclusively to the District of\nColumbia shall be considered to be a statute of the District of Columbia. Credit card Code\n15 U.S. Code  1692k - Civil liability Amount of damages Except as otherwise provided\nby this section, any debt collector who fails to comply with any provision of this subchapter\nwith respect to any person is liable to such person in an amount equal to the sum of (1) any\nactual damage sustained by such person as a result of such failure; (2) (A) in the case of any\naction by an individual, such additional damages as the court may allow, but not exceeding\n$XXXX; or (B) in the case of a class action, (i) such amount for each named plaintiff as could\nbe recovered under subparagraph (A), and (ii) such amount as the court may allow for all\nother class members, without regard to a minimum individual recovery, not to exceed the\nlesser of $XXXX  or XXXX  per centum of the net worth of the debt collector; and (3) in the case\nof any successful action to enforce the foregoing liability, the costs of the action, together\nwith a reasonable attorneys fee as determined by the court. On a finding by the court that\nan action under this section was brought in bad faith and for the purpose of harassment, the\ncourt may award to the defendant attorneys fees reasonable in relation to the work\nexpended and costs. (b) Factors considered by court In determining the amount of liability\nin any action under subsection (a), the court shall consider, among other relevant factors\n(1) in any individual action under subsection (a)(2)(A), the frequency and persistence of\nnoncompliance by the debt collector, the nature of such noncompliance, and the extent to\nwhich such noncompliance was intentional; or (2) in any class action under subsection (a)(2)\n(B), the frequency and persistence of noncompliance by the debt collector, the nature of\nsuch noncompliance, the resources of the debt collector, the number of persons adversely\naffected, and the extent to which the debt collectors noncompliance was intentional. (c)\nIntent A debt collector may not be held liable in any action brought under this subchapter if\nthe debt collector shows by a preponderance of evidence that the violation was not\nintentional and resulted from a bona fide error notwithstanding the maintenance of\nprocedures reasonably adapted to avoid any such error. (d) Jurisdiction An action to\nXXXX XXXX XXXX XXXX\nPage XXXX of XXXX\nenforce any liability created by this subchapter may be brought in any appropriate United\nStates district court without regard to the amount in controversy, or in any other court of\ncompetent jurisdiction, within one year from the date on which the violation occurs. (e)\nAdvisory opinions of Bureau No provision of this section imposing any liability shall apply to\nany act done or omitted in good faith in conformity with any advisory opinion of the Bureau,\nnotwithstanding that after such act or omission has occurred, such opinion is amended,\nrescinded, or determined by judicial or other authority to be invalid for any reason. 15 U.S.\nCode  1642 - Issuance of credit cards No credit card shall be issued except in response to\na request or application therefor. This prohibition does not apply to the issuance of a credit\ncard in renewal of, or in substitution for, an accepted credit card. 15 U.S.C 1692g Validation\nof debts (a) Notice of debt; contents Within XXXX  days after the initial communication with a\nconsumer in connection with the collection of any debt, a debt collector shall, unless the\nfollowing information is contained in the initial communication or the consumer has paid\nthe debt, send the consumer a written notice containing (1) the amount of the debt; (2) the\nname of the creditor to whom the debt is owed; (3) a statement that unless the consumer,\nwithin thirty days after receipt of the notice, disputes the validity of the debt, or any portion\nthereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the\nconsumer notifies the debt collector in writing within the thirty-day period that the debt, or\nany portion thereof, is disputed, the debt collector will obtain verification of the debt or a\ncopy of a judgment against the consumer and a copy of such verification or judgment will\nbe mailed to the consumer by the debt collector; and (5) a statement that, upon the\nconsumers written request within the thirty-day period, the debt collector will provide the\nconsumer with the name and address of the original creditor, if different from the current\ncreditor. (b) Disputed debts If the consumer notifies the debt collector in writing within the\nthirty-day period described in subsection (a) that the debt, or any portion thereof, is\ndisputed, or that the consumer requests the name and address of the original creditor, the\ndebt collector shall cease collection of the debt, or any disputed portion thereof, until the\ndebt collector obtains verification of the debt or a copy of a judgment, or the name and\naddress of the original creditor, and a copy of such verification or judgment, or name and\naddress of the original creditor, is mailed to the consumer by the debt collector. Collection\nactivities and communications that do not otherwise violate this subchapter may continue\nduring the XXXX-day period referred to in subsection (a) unless the consumer has notified the\ndebt collector in writing that the debt, or any portion of the debt, is disputed or that the\nconsumer requests the name and address of the original creditor. Any collection activities\nand communication during the XXXX-day period may not overshadow or be inconsistent with\nthe disclosure of the consumers right to dispute the debt or request the name and address\nof the original creditor. (c) Admission of liability The failure of a consumer to dispute the\nvalidity of a debt under this section may not be construed by any court as an admission of\nliability by the consumer. (d) Legal pleadings A communication in the form of a formal\npleading in a civil action shall not be treated as an initial communication for purposes of\nsubsection (a). (e) Notice provisions The sending or delivery of any form or notice which\ndoes not relate to the collection of a debt and is expressly required by XXXX  XXXX, title V of\nGramm-Leach-Bliley Act [15 U.S.C. 6801 et seq.], or any provision of Federal or State law\nrelating to notice of data security breach or privacy, or any regulation prescribed under any\nsuch provision of law, shall not be treated as an initial communication in connection with\ndebt collection for purposes of this section. 15 U.S. Code  1681q - Obtaining information\nunder false pretenses U.S. Code Notes prev | next Any person who knowingly and willfully\nobtains information on a consumer from a consumer reporting agency under false\npretenses shall be fined under XXXX XXXX imprisoned for not more than XXXX  years, or both. To\nwho it may concern , After viewing a copy of my credit report, I noticed a collection account\nplaced on my credit report from you in XXXX  I am requesting that you allow me to validate\nthe alleged debt. I am unaware of any outstanding medical bills that I possess, and I am\nseeking the name and hospital/medical provider to which I owe the debt and a detailed\nbreakdown of the fees that I owe. Additionally, I am allowed under the Heath insurance\nPortability and Accountability Act (HIPAA] to protect my privacy and medical records from\nthird parties. I did not give permission to any of my current or prior medical providers to\nrelease any of my medical information to a third party. I am aware that the HIPAA does\nallows the release of limited information about me but anything more is to only be revealed\nwith the patient's authorization. Therefore, my request is twofold-validation of debt and\nXXXX XXXX XXXX XXXX\nPage XXXX of XXXX  HIPAA authorization.  Please provide breakdown of fees including any collection costs and\nmedical charges.  Provide a copy of my signature with the provider of service to release my\nmedical information to you.Cease any credit bureau reporting until the debt has been\nvalidated by me, Please send this information to my address listed above and accept this\nletter, sent certified mail, as my formal debt validation request, which I am allowed under the\nFDCPA. Please note that withholding the information you received from any medical\nprovider in an attempt to be HIPAA compliant can be a violation of the FDCPA because you\nwill be deceiving me after my written request. I request full documentation of what you\nreceived from the provider of service in connection with this alleged debt. Additionally, any\nreporting of this debt to the credit bureaus prior to allowing me to validate it is a violation of\nthe Fair Credit Reporting Act, which can allow me to seek damages from a collection\nagency. I will await your reply with above requested proof. Upon receiving it, I will\ncorrespond back by certified mail.\nI reserved all my rights to amend this Contract the Finance Manager Requested that I give it to the Dealership I have advised the Seller  told the buyer that I XXXX XXXX XXXX Private Individual Banker is a Beneficiary Of my trust and this is a Purchase for my trust XXXX XXXX XXXX XXXX XXXX XXXX request that they  will accept my TENDER OF PAYMENT for settlement of this account to be (balance to .00) on the books and to file IRS FORMS 1099s to properly balance the United States Treasury Debt I have signed this contract and I have not give my rights to amended this contract on Date:XXXX signed by the Beneficiary XXXX XXXX Private Individual Banker ESTATE /TRUST Exempt Form Levy I reserve all my rights WITHOUT RECOURSE UCC1-308 I will be using my credit for this transaction and not paying in cash and I have send my letter to the Finance Manager by email he requested they I send a tender of payment to retrieve my property I need to have cash or a check and which he have received and told me to send it to bank and it been over XXXX  and I have the right to receive my property and use my credit for this transaction and dont have to use cash or and any other payment of XXXX XXXX XXXX XXXX  We the people have the right to use credit or a tender of payment and if its not accepted by the party or Leander or vendor it is discharged by law all debt is obligation to the United States. Your company didnt disclose any truth in lending or cannot show me where I can send it to panties with cash, and I was trying to pay with my internal credit and not actual funds this is my GOD Giving rights and by law show me where it stated in law where I cant use my credit for this transaction or cant use negotiable instruments. I do not consent to your contract for FCRAAs a federal protected consumer, I am now opting out of any and all authorization I the consumer may have given you written unwritten, verbal and nonverbal 15 USC 1602. And I would like conversation for all the violations.\n16 CFR  313.1 - Purpose and scope. \n\tCFR \n\tTable of Popular Names\nprev | next\n XXXX  Purpose and scope.\n(a) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph (b) of this section. This part: \n(1) Requires a financial institution in specified circumstances to provide notice to  customers about its privacy policies and practices; \n(2) Describes the conditions under which a financial institution may disclose  nonpublic personal information about consumers to nonaffiliated third parties; and \n(3) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in XXXX XXXX, and 313.15. \n(b) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission(Commission) has rulemaking authority pursuant to section 504(a)(1)(C) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4(k) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843(k), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519(b) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third party finance or leasing source.\n[65 FR 33677, XXXX XXXX XXXX  as amended at 86 FR 70025, XXXX XXXX XXXX\n16 CFR  433.2 - Preservation of consumers' claims and defenses, unfair or deceptive acts or practices. \n\tCFR \n\tTable of Popular Names\nprev | next\n XXXX  Preservation of consumers' claims and defenses, unfair or deceptive acts or practices.\nIn connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive  act or practice within the meaning of section XXXX of that  Act for a  seller, directly or indirectly, to:\n(a) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type:\nNOTICE\nANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.\nor,\n(b) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan (as  purchase money loan is defined herein), unless any consumer credit contract made in connection with such  purchase money loan contains the following provision in at least ten point, bold face, type:\nNOTICE\nANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR","date_sent_to_company":"2024-11-06T18:03:26.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"68502","tags":null,"has_narrative":true,"complaint_id":"10717011","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-11-06T17:25:23.000Z","state":"NE","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["That court erred in apparently holding that individuals have an enforceable right to\n\"substantial <em>compliance</em>\" with XXXX XXXX in all respects. The statutory \"substantial\n<em>compliance</em>\" requirement, see, e. g., 42 U. S. C.  609(a)(8) (1994 ed., Supp."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[4.4737663,"10717011"]},{"_index":"complaint-public-v1","_id":"8503624","_score":4.4425917,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"PER, FCRA as a Ferally Protected Consumer I Am Now Opting-Out of Any And All Auuthorization I The Consumer may Have Given You.\n\nWritten, Unwrittn, Verbal, And Non-verbal, Per 15 USC-6802.\n\n15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.\n\n( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\n( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information.\n\n( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.\n\n( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S.C. 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law.\n\n( Pub. L. 106102, title V, 502, Nov. 12, 1999, 113 Stat. 1437 ; Pub. L. 111203, title X, 1093 ( 2 ), July 21, 2010, 124 Stat. 2095. ) 15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.\n\n( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.\n\n( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.\n\n( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.\n\n( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter.\n\n( Pub. L. 90321, title VI, 602, as added Pub. L. 91508, title VI, 601, Oct. 26, 1970, 84 Stat. 1128. ) 15 U.S. Code 6803 - Disclosure of institution privacy policy ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers.\n\n( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title.\n\n( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to nonaffiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title.\n\n( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer.\n\n( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section.\n\n( 3 ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the District of Columbia, XXXX XXXX, XXXX, XXXX XXXX, the Trust Territory of the XXXX XXXX, the XXXX XXXX, or the XXXX XXXX XXXX. \n\n( e ) Model forms ( 1 ) In general The agencies referred to in section 6804 ( a ) ( 1 ) of this title shall jointly develop a model form which may be used, at the option of the financial institution, for the provision of disclosures under this section.\n\n( 2 ) Format A model form developed under paragraph ( 1 ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font.\n\n( 3 ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX. \n\n( 4 ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section.\n\n( f ) Exception to annual notice requirement A financial institution that ( 1 ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( 2 ) or ( e ) of section 6802 of this title or regulations prescribed under section 6804 ( b ) of this title, and ( 2 ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( 1 ) or ( 2 ).\n\n( Pub. L. 106102, title V, 503, Nov. 12, 1999, 113 Stat. 1439 ; Pub. L. 109351, title VI, 609, title VII, 728, Oct. 13, 2006, 120 Stat. 1983, 2003 ; Pub. L. 11494, div. G, title LXXV, 75001, Dec. 4, 2015, 129 Stat. 1787. ) 15 U.S. Code 6804 - Rulemaking ( a ) Regulatory authority ( 1 ) Rulemaking ( A ) In general Except as provided in subparagraph ( C ), the Bureau of Consumer Financial Protection and the Securities and Exchange Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to their respective jurisdiction under section 6805 of this title ( and notwithstanding subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ] ), except that the Bureau of Consumer Financial Protection shall not have authority to prescribe regulations with respect to the standards under section 6801 of this title.\n\n( B ) CFTC The Commodity Futures Trading Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to the jurisdiction of the Commodity Futures Trading Commission under section 7b2 of title 7.\n\n( C ) Federal Trade Commission authority Notwithstanding the authority of the Bureau of Consumer Financial Protection under subparagraph ( A ), the Federal Trade Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to any financial institution that is a person described in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ]. \n\n( D ) Rule of construction Nothing in this paragraph shall be construed to alter, affect, or otherwise limit the authority of a State insurance authority to adopt regulations to carry out this subchapter.\n\n( 2 ) Coordination, consistency, and comparability Each of the agencies authorized under paragraph ( 1 ) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with [ 1 ] representatives of State insurance authorities designated by the National Association of Insurance Commissioners, for the purpose of assuring, to the extent possible, that the regulations prescribed by each such agency are consistent and comparable with the regulations prescribed by the other such agencies. \n\n( 3 ) Procedures and deadline Such regulations shall be prescribed in accordance with applicable requirements of title 5.\n\n( b ) Authority to grant exceptions The regulations prescribed under subsection ( a ) may include such additional exceptions to subsections ( a ) through ( d ) of section 6802 of this title as are deemed consistent with the purposes of this subchapter.\n\n( Pub. L. 106102, title V, 504, Nov. 12, 1999, 113 Stat. 1439 ; Pub. L. 111203, title X, 1093 ( 3 ), July 21, 2010, 124 Stat. 2095. ) ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Under section 1818 of title 12, by the appropriate Federal banking agency, as defined in section 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries or affiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ).\n\n( 2 ) Under the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Board of the National Credit Union Administration with respect to any federally insured credit union, and any subsidiaries of such an entity.\n\n( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer.\n\n( 4 ) Under the Investment Company Act of 1940 [ 15 U.S.C. 80a1 et seq. ], by the Securities and Exchange Commission with respect to investment companies.\n\n( 5 ) Under the Investment Advisers Act of 1940 [ 15 U.S.C. 80b1 et seq. ], by the Securities and Exchange Commission with respect to investment advisers registered with the Commission under such Act.\n\n( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled, subject to section 6701 of this title.\n\n( 7 ) Under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq. ], by the Federal Trade Commission for any other financial institution or other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection.\n\n( 8 ) Under subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau of Consumer Financial Protection, in the case of any financial institution and other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards under section 6801 of this title.\n\n( b ) Enforcement of section 6801 ( 1 ) In general Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau of Consumer Financial Protection, shall implement the standards prescribed under section 6801 ( b ) of this title in the same manner, to the extent practicable, as standards prescribed pursuant to section 1831p1 ( a ) of title 12 are implemented pursuant to such section.\n\n( 2 ) Exception The agencies and authorities described in paragraphs ( 3 ), ( 4 ), ( 5 ), ( 6 ), and ( 7 ) of subsection ( a ) shall implement the standards prescribed under section 6801 ( b ) of this title by rule with respect to the financial institutions and other persons subject to their respective jurisdictions under subsection ( a ).\n\n( c ) Absence of State action If a State insurance authority fails to adopt regulations to carry out this subchapter, such State shall not be eligible to override, pursuant to section 1831x ( g ) ( 2 ) ( B ) ( iii ) of title 12, the insurance customer protection regulations prescribed by a Federal banking agency under section 1831x ( a ) of title 12.\n\n( d ) Definitions The terms used in subsection ( a ) ( 1 ) that are not defined in this subchapter or otherwise defined in section 1813 ( s ) of title 12 shall have the same meaning as given in section 3101 of title 12.\n\n( Pub. L. 106102, title V, 505, Nov. 12, 1999, 113 Stat. 1440 ; Pub. L. 111203, title X, 1093 ( 4 ), ( 5 ), July 21, 2010, 124 Stat. 2096, 2097. ) 15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.\n\n( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.\n\n( Pub. L. 106102, title V, 501, Nov. 12, 1999, 113 Stat. 1436 ; Pub. L. 111203, title X, 1093 ( 1 ), July 21, 604. Permissible purposes of consumer reports [ 15 U.S.C. 1681b ] ( a ) In general. Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18. ( 2 ) In accordance with the written instructions of the consumer to whom it relates. ( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.2 ( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.2 nonpublic personal information ( 4 ) Nonpublic personal information ( A ) The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer ; or ( iii ) otherwise obtained by the financial institution. ( B ) Such term does not include publicly available information, as such term is defined by the regulations prescribed under section 6804 of this title. ( C ) Notwithstanding subparagraph ( B ), such term ( i ) shall include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived using any nonpublic personal information other than publicly available information; but ( ii ) shall not include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived without using any nonpublic personal information.\n\n( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\nThe Privacy Act of 1974 The Privacy Act of 1974 is a federal law that governs our collection and use of records we maintain on you in a system of records. A system of records is any grouping of information about an individual under the control of a Federal agency from which information is retrievable by personal identifiers, such as name, social security number, or other identifying number or symbol. Under the Privacy Act, Federal agencies may not disclose information without consent unless certain exceptions apply to the disclosure. The Privacy Act provides protections to individuals in three primary ways. It provides individuals with : ..the right to request their records, subject to Privacy Act exemptions ; ..the right to request a change to their records that are not accurate, relevant, timely or complete ; and ..the right to be protected against unwarranted invasion of their privacy resulting from the collection, maintenance, use, and disclosure of their personal information. \nAll OSC 's System of Records Notices ( SORNs ) are published in the Federal Register. These notices provide the legal authority for collecting and storing records, individuals about whom records will be collected, what kinds of information will be collected, and how the records will be used.\n\nThe following are the twelve ( 12 ) Privacy Act Exemptions when consent to release information is not required : 1.to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties ; 2.required under section 552 of this title ( FOIA disclosures ) ; 3.for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ( routine uses ) ; 4.to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; 5.to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; 6.to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; 7.to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; 8.to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; 9.to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof , any joint committee of Congress or subcommittee of any such joint committee ; 10.to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; 11.pursuant to the order of a court of competent jurisdiction ; or 12.to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. \n\n\nInquiry details XXXX XXXX ( Bank ) XX/XX/XXXX XXXX XXXX XXXX ( Bank ) XX/XX/XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX ( Bank ) XX/XX/XXXX XXXX  XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX ( Bank ) XX/XX/XXXX XXXX XXXX XXXX  XXXX ( Finance ) XX/XX/XXXX XXXX XXXX XXXX ( Bank ) XX/XX/XXXX XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX XXXX  XXXX ( Auto ) XX/XX/XXXX XXXX-XXXX ( Finance ) XX/XX/XXXX XXXX XXXXXXXX Opened XXXX {$190.00} XXXX XXXX XXXX Opened XXXX {$240.00} XXXX XXXX XXXX Opened XXXX {$1000.00} Other loans XXXX XXXX XXXX 5 mos Hard Inquiries When you apply for a new credit account, a hard inquiry will usually get added to your report, which can make a small dent in your score. Here are the inquiries on your TransUnion report. \n\nXXXX XXXX Inquiry : XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + XXXX XXXX ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Finance/Personal ( XXXX ) XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Credit Union ( XXXX ) XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Finance/Personal ( XXXX ) XXXX XXXX  XXXX Inquiry : XXXX. XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX. XXXX, XXXX + Finance/Personal ( XXXX ) XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Credit Union ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Finance/Personal ( XXXX ) XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Finance/Personal ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Finance/Personal ( XXXX ) XXXX XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Automotive ( XXXX ) XXXX XXXX Inquiry : XXXX XXXX, XXXX + Finance/Personal ( XXXX ) XXXX ADDRESSES REPORTED XXXX XXXX XXXX XXXX XXXX XXXX, IL XXXX EMPLOYMENT INFO XXXX XXXX XXXX XXXX XXXX XXXX CREDIT CARDS XXXX  XXXX XXXX Reported : XXXX XXXX, XXXX + {$630.00} Closed","date_sent_to_company":"2024-03-08T09:03:54.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"61820","tags":null,"has_narrative":true,"complaint_id":"8503624","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-03-08T08:04:02.000Z","state":"IL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["( 2 ) Under the Federal <em>Credit</em> <em>Union</em> Act [ 12 U.S.C. 1751 et seq. ], by the Board of the National <em>Credit</em> <em>Union</em> Administration with respect to any federally insured <em>credit</em> <em>union</em>, and any subsidiaries of such an entity.\n\n( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[4.4425917,"8503624"]},{"_index":"complaint-public-v1","_id":"8503806","_score":4.2419815,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"PER, FCRA as a Ferally Protected Consumer I Am Now Opting-Out of Any And All Auuthorization I The Consumer may Have Given You. Written, Unwrittn, Verbal, And Non-verbal, Per 15 USC-6802. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. ( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. ( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. ( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S.C. 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law. ( Pub. L. 106102, title V, 502, Nov. 12, 1999, 113 Stat. 1437 ; Pub. L. 111203, title X, 1093 ( 2 ), July 21, 2010, 124 Stat. 2095. ) 15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. ( Pub. L. 90321, title VI, 602, as added Pub. L. 91508, title VI, 601, Oct. 26, 1970, 84 Stat. 1128. ) 15 U.S. Code 6803 - Disclosure of institution privacy policy ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers. ( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title. ( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to nonaffiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title. ( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer. ( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section. ( 3 ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the District of Columbia, XXXX XXXX, XXXX, XXXX XXXX, the Trust Territory of the XXXX XXXX, the XXXX XXXX, or the XXXX XXXX XXXX. ( e ) Model forms ( 1 ) In general The agencies referred to in section 6804 ( a ) ( 1 ) of this title shall jointly develop a model form which may be used, at the option of the financial institution, for the provision of disclosures under this section. ( 2 ) Format A model form developed under paragraph ( 1 ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font. ( 3 ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX. ( 4 ) XXXX XXXX Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. ( f ) Exception to annual notice requirement A financial institution that ( 1 ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( 2 ) or ( e ) of section 6802 of this title or regulations prescribed under section 6804 ( b ) of this title, and ( 2 ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( 1 ) or ( 2 ). ( Pub. L. 106102, title V, 503, Nov. 12, 1999, 113 Stat. 1439 ; Pub. L. 109351, title VI, 609, title VII, 728, Oct. 13, 2006, 120 Stat. 1983, 2003 ; Pub. L. 11494, div. G, title LXXV, 75001, Dec. 4, 2015, 129 Stat. 1787. ) 15 U.S. Code 6804 - Rulemaking ( a ) Regulatory authority ( 1 ) Rulemaking ( A ) In general Except as provided in subparagraph ( C ), the Bureau of Consumer Financial Protection and the Securities and Exchange Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to their respective jurisdiction under section 6805 of this title ( and notwithstanding subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ] ), except that the Bureau of Consumer Financial Protection shall not have authority to prescribe regulations with respect to the standards under section 6801 of this title. ( B ) CFTC The Commodity Futures Trading Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to the jurisdiction of the Commodity Futures Trading Commission under section 7b2 of title 7. ( C ) Federal Trade Commission authority Notwithstanding the authority of the Bureau of Consumer Financial Protection under subparagraph ( A ), the Federal Trade Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to any financial institution that is a person described in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ]. ( D ) Rule of construction Nothing in this paragraph shall be construed to alter, affect, or otherwise limit the authority of a State insurance authority to adopt regulations to carry out this subchapter. ( 2 ) Coordination, consistency, and comparability Each of the agencies authorized under paragraph ( 1 ) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with [ 1 ] representatives of State insurance authorities designated by the National Association of Insurance Commissioners, for the purpose of assuring, to the extent possible, that the regulations prescribed by each such agency are consistent and comparable with the regulations prescribed by the other such agencies. ( 3 ) Procedures and deadline Such regulations shall be prescribed in accordance with applicable requirements of title 5. ( b ) Authority to grant exceptions The regulations prescribed under subsection ( a ) may include such additional exceptions to subsections ( a ) through ( d ) of section 6802 of this title as are deemed consistent with the purposes of this subchapter. ( Pub. L. 106102, title V, 504, Nov. 12, 1999, 113 Stat. 1439 ; Pub. L. 111203, title X, 1093 ( 3 ), July 21, 2010, 124 Stat. 2095. ) ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Under section 1818 of title 12, by the appropriate Federal banking agency, as defined in section 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries or affiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ). ( 2 ) Under the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Board of the National Credit Union Administration with respect to any federally insured credit union, and any subsidiaries of such an entity. ( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer. ( 4 ) Under the Investment Company Act of 1940 [ 15 U.S.C. 80a1 et seq. ], by the Securities and Exchange Commission with respect to investment companies. ( 5 ) Under the Investment Advisers Act of 1940 [ 15 U.S.C. 80b1 et seq. ], by the Securities and Exchange Commission with respect to investment advisers registered with the Commission under such Act. ( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled, subject to section 6701 of this title. ( 7 ) Under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq. ], by the Federal Trade Commission for any other financial institution or other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection. ( 8 ) Under subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau of Consumer Financial Protection, in the case of any financial institution and other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards under section 6801 of this title. ( b ) Enforcement of section 6801 ( 1 ) In general Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau of Consumer Financial Protection, shall implement the standards prescribed under section 6801 ( b ) of this title in the same manner, to the extent practicable, as standards prescribed pursuant to section 1831p1 ( a ) of title 12 are implemented pursuant to such section. ( 2 ) Exception The agencies and authorities described in paragraphs ( 3 ), ( 4 ), ( 5 ), ( 6 ), and ( 7 ) of subsection ( a ) shall implement the standards prescribed under section 6801 ( b ) of this title by rule with respect to the financial institutions and other persons subject to their respective jurisdictions under subsection ( a ). ( c ) Absence of State action If a State insurance authority fails to adopt regulations to carry out this subchapter, such State shall not be eligible to override, pursuant to section 1831x ( g ) ( 2 ) ( B ) ( iii ) of title 12, the insurance customer protection regulations prescribed by a Federal banking agency under section 1831x ( a ) of title 12. ( d ) Definitions The terms used in subsection ( a ) ( 1 ) that are not defined in this subchapter or otherwise defined in section 1813 ( s ) of title 12 shall have the same meaning as given in section 3101 of title 12. ( Pub. L. 106102, title V, 505, Nov. 12, 1999, 113 Stat. 1440 ; Pub. L. 111203, title X, 1093 ( 4 ), ( 5 ), July 21, 2010, 124 Stat. 2096, 2097. ) 15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. ( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. ( Pub. L. 106102, title V, 501, Nov. 12, 1999, 113 Stat. 1436 ; Pub. L. 111203, title X, 1093 ( 1 ), July 21, 604. Permissible purposes of consumer reports [ 15 U.S.C. 1681b ] ( a ) In general. Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18. ( 2 ) In accordance with the written instructions of the consumer to whom it relates. ( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.2 ( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.2 nonpublic personal information ( 4 ) Nonpublic personal information ( A ) The term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer ; or ( iii ) otherwise obtained by the financial institution. ( B ) Such term does not include publicly available information, as such term is defined by the regulations prescribed under section 6804 of this title. ( C ) Notwithstanding subparagraph ( B ), such term ( i ) shall include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived using any nonpublic personal information other than publicly available information; but ( ii ) shall not include any list, description, or other grouping of consumers ( and publicly available information pertaining to them ) that is derived without using any nonpublic personal information. ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. The Privacy Act of 1974 The Privacy Act of 1974 is a federal law that governs our collection and use of records we maintain on you in a system of records. A system of records is any grouping of information about an individual under the control of a Federal agency from which information is retrievable by personal identifiers, such as name, social security number, or other identifying number or symbol. Under the Privacy Act, Federal agencies may not disclose information without consent unless certain exceptions apply to the disclosure. The Privacy Act provides protections to individuals in three primary ways. It provides individuals with : ..the right to request their records, subject to Privacy Act exemptions ; ..the right to request a change to their records that are not accurate, relevant, timely or complete ; and ..the right to be protected against unwarranted invasion of their privacy resulting from the collection, maintenance, use, and disclosure of their personal information. All OSC 's System of Records Notices ( SORNs ) are published in the Federal Register. These notices provide the legal authority for collecting and storing records, individuals about whom records will be collected, what kinds of information will be collected, and how the records will be used. The following are the twelve ( 12 ) Privacy Act Exemptions when consent to release information is not required : 1.to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties ; 2.required under section 552 of this title ( FOIA disclosures ) ; 3.for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ( routine uses ) ; 4.to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; 5.to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; 6.to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; 7.to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; 8.to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; 9.to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof , any joint committee of Congress or subcommittee of any such joint committee ; 10.to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; 11.pursuant to the order of a court of competent jurisdiction ; or 12.to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.Inquiry details XXXX XXXX ( Bank ) XX/XX/XXXX XXXX XXXX XXXX ( Bank ) XX/XX/XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX ( Bank ) XX/XX/XXXX XXXX  XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX ( Bank ) XX/XX/XXXX XXXX XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX XXXX ( Bank ) XX/XX/XXXX XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX XXXX  XXXX ( Auto ) XX/XX/XXXX XXXX ( Finance ) XX/XX/XXXX XXXX XXXX Opened XXXX {$190.00} XXXX XXXX XXXX Opened XXXX {$240.00} XXXX XXXX XXXX Opened XXXX {$1000.00} Other loans XXXX XXXX XXXX 5 mos Hard Inquiries When you apply for a new credit account, a hard inquiry will usually get added to your report, which can make a small dent in your score. Here are the inquiries on your XXXX report. XXXX XXXX Inquiry : XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + XXXX XXXX ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Finance/Personal ( XXXX ) XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Credit Union ( XXXX XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Finance/Personal ( XXXX ) XXXX XXXX  XXXX Inquiry : XXXX. XXXX, XXXX + Bank ( XXXX ) XXXX XXXX  XXXX XXXX Inquiry : XXXX. XXXX, XXXX + Finance/Personal ( XXXX ) XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Credit Union ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Bank ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Finance/Personal ( XXXX ) XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Finance/Personal ( XXXX ) XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Finance/Personal ( XXXX ) XXXX XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Automotive ( XXXX XXXX XXXX XXXX Inquiry : XXXX XXXX, XXXX + Finance/Personal ( XXXX ) XXXX ADDRESSES REPORTED XXXX XXXX XXXX XXXX XXXX XXXX, IL XXXX EMPLOYMENT INFO XXXX XXXX XXXX XXXX XXXX XXXX CREDIT CARDS XXXX XXXXXXXX XXXX Reported : XXXX XXXX, XXXX + {$630.00} Closed","date_sent_to_company":"2024-03-08T09:13:27.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"61820","tags":null,"has_narrative":true,"complaint_id":"8503806","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-03-08T09:05:45.000Z","state":"IL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["<em>Union</em> Act [ 12 U.S.C. 1751 et seq. ], by the Board of the National <em>Credit</em> <em>Union</em> Administration with respect to any federally insured <em>credit</em> <em>union</em>, and any subsidiaries of such an entity. ( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer. ( 4 ) Under the Investment Company Act of 1940 [ 15 U.S.C. 80a1 et seq. ], by the Securities and Exchange Commission with respect to investment companies. ( 5"],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[4.2419815,"8503806"]},{"_index":"complaint-public-v1","_id":"8022971","_score":3.624772,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am writing to address the ongoing contractual violations by XXXX XXXX XXXX XXXX XXXX TRANS UNION XXXX AND XXXX resulting in significant breaches of federal privacy laws and rendering our contract void and ineffective immediately. \nproof of violations are in the letter they emailed as correspondence. \nThe violations include but are not limited to : 1. reporting of seven months paid to third party which is a violation of 15 USC 6805/15 CFR 313.7.\n\n2. Unauthorized sharing of my personal financial information with a non-affiliate without explicit consent, infringing upon my right to opt-out as per 15 USC 6805/15 CFR 313.7.\n\n3. The illegal inclusion of detailed transaction history in their reports, which is explicitly prohibited under 15 CFR 433.2.\n\n4. False conveyance of language, misrepresenting the transaction history in their reports, a violation under 17 CFR 424.\n\n5. Inclusion of promotional inquiry and solicitation, which is an additional breach of privacy rights.\n\n6. The Information in the credit file was not always kept confidential 7. Criminal liability of any officer or employee of consumer reporting agency to an unauthorised person.\n\n8. Claims to have closed the account but refused to furnish a full audit of the account which is still being classified as OPEN 9. Has posed a significant risk to my privacy as a consumer 10. Reporting derogatory marks of UNPAID without my consent causing harm to the consumer The Act ( Title VI of the Consumer Credit Protection Act ) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report can not be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The Fair and Accurate Credit Transactions Act added many provisions to this Act primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau most of the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains all its enforcement authority. \n\nI demand compensation for the breaches that have resulted in significant privacy violations, totaling {$9000.00} based on the identified violations, each amounting to {$1000.00}. \n\nFurthermore, it is essential to rectify an error in your records. The name FOR THE ACCOUNT should be XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX I registered the account under my full name. The inclusion of the incorrect name in the contract further supports its invalidity. \n\nMoreover, any further reporting of account history or attempts to collect information will be considered a breach of federal law, court orders, and agreement terms. \n\nPlease provide written acknowledgment of the compensation demand, confirmation of ceasing any account reporting, immediate correction of my name to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX days upon receipt. Failure to comply within the stipulated timeframe will necessitate pursuing all available legal remedies to seek redress for the infringements upon my privacy rights as outlined in federal law and the court orders. \n\nI anticipate your immediate attention and compliance with these demands. \n\nSUBCHAPTER IDISCLOSURE OF NONPUBLIC PERSONAL INFORMATION 6801. Protection of nonpublic personal informa- tion ( a ) Privacy obligation policy It is the policy of the Congress that each fi- nancial institution has an affirmative and con- tinuing obligation to respect the privacy of its customers and to protect the security and con- fidentiality of those customers nonpublic per- sonal information.\n\n( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institu- tions subject to their jurisdiction relating to ad- ministrative, technical, and physical safe- guards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconven- ience to any customer.\n\n( a ) Notice requirements Except as otherwise provided in this sub- chapter, a financial institution may not, di- rectly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a no- tice that complies with section 6803 of this title.\n\n( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a non- affiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such in- formation may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is ini- tially disclosed, to direct that such informa- tion not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that non- disclosure option.\n\n( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services of- fered pursuant to joint agreements between two or more financial institutions that com- ply with the requirements imposed by the reg- ulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to main- tain the confidentiality of such information.\n\n( c ) Limits on reuse of information Except as otherwise provided in this sub- chapter, a nonaffiliated third party that re- ceives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such re- ceiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.\n\n( d ) Limitations on the sharing of account num- ber information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access num- ber or access code for a credit card account, de- posit account, or transaction account of a con- sumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or oth 433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.\n\nIn connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. \n\nor, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. \n16 CFR 313.7 - Form of opt out notice to consumers ; opt out methods.\n\nCFR 313.7 Form of opt out notice to consumers ; opt out methods.\n\n( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 313.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right.\n\n( 2 ) Examples ( i ) Adequate opt out notice. You provide adequate notice that the consumer can opt out of the disclosure of nonpublic personal information to a nonaffiliated third party if you : ( A ) Identify all of the categories of nonpublic personal information that you disclose or reserve the right to disclose, and all of the categories of nonaffiliated third parties to which you disclose the information, as described in 313.6 ( a ) ( 2 ) and ( 3 ) and state that the consumer can opt out of the disclosure of that information; and ( B ) Identify the financial products or services that the consumer obtains from you, either singly or jointly, to which the opt out direction would apply.\n\n( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form that includes the address to which the form should be mailed ; or ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out.\n\n( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice.\n\n( iv ) Specific opt out means. You may require each consumer to opt out through a specific means, as long as that means is reasonable for that consumer.\n\n( b ) Same form as initial notice permitted. You may provide the opt out notice together with or on the same written or electronic form as the initial notice you provide in accordance with 313.4.\n\n( c ) Initial notice required when opt out notice delivered subsequent to initial notice. If you provide the opt out notice later than required for the initial notice in accordance with 313.4, you must also include a copy of the initial notice with the opt out notice in writing or, if the consumer agrees, electronically.\n\n( d ) Joint relationships.\n\n( 1 ) If two or more consumers jointly obtain a financial product or service from you, you may provide a single opt out notice, unless one or more of those consumers requests a separate opt out notice. Your opt out notice must explain how you will treat an opt out direction by a joint consumer ( as explained in paragraph ( d ) ( 5 ) ( ii ) of this section ).\n\n( 2 ) Any of the joint consumers may exercise the right to opt out. You may either : ( i ) Treat an opt out direction by a joint consumer as applying to all of the associated joint consumers; or ( ii ) Permit each joint consumer to opt out separately.\n\n( 3 ) If you permit each joint consumer to opt out separately, you must permit one of the joint consumers to opt out on behalf of all of the joint consumers.\n\n( 4 ) You may not require all joint consumers to opt out before you implement any opt out direction. \n\n( 5 ) Example. If XXXX and XXXX have a joint credit card account with you and arrange for you to send statements to XXXX XXXX  address, you may do any of the following, but you must explain in your opt out notice which opt out policy you will follow : ( i ) Send a single opt out notice to XXXX XXXX address, but you must accept an opt out direction from either XXXX or XXXX. \n\n( ii ) Treat an opt out direction by either XXXX or XXXX as applying to the entire account. If you do so, and XXXX opts out, you may not require XXXX to opt out as well before implementing XXXX 's opt out direction. \n\n( iii ) Permit XXXX and XXXX to make different opt out directions. If you do so, ( A ) You must permit XXXX and XXXX to opt out for each other; ( B ) If both opt out, you must permit both to notify you in a single response ( such as on a form or through a telephone call ) ; and ( C ) If XXXX opts out and XXXX does not, you may only disclose nonpublic personal information about XXXX, but not about XXXX and not about XXXX and XXXX jointly. \n\n( e ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. \n\n( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. \n\n( g ) Duration of consumer 's opt out direction. \n\n( 1 ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically.\n\n( 2 ) When a customer relationship terminates, the customer 's opt out direction continues to apply to the nonpublic personal information that you collected during or related to that relationship. If the individual subsequently establishes a new customer relationship with you, the opt out direction that applied to the former relationship does not apply to the new relationship.\n\n( h ) Delivery. When you are required to deliver an opt out notice by this section, you must deliver it according to 313.9.\n\n( i ) Model privacy form. Pursuant to 313.2 ( a ) of this part, a model privacy form that meets the notice content requirements of this section is included in appendix A of this part.\n\n[ 65 FR 33677, XX/XX/XXXX, as amended at 74 FR 62966, XXXX XXXX XXXX ] ( d ) ( 1 ) To enhance the readability of the prospectus, you must use plain English principles in the organization, language, and design of the front and back cover pages, the summary, and the risk factors section. \n( 2 ) You must draft the language in these sections so that at a minimum it substantially complies with each of the following plain English writing prin- ciples : ( i ) Short sentences ; ( ii ) Definite, concrete, everyday words ; ( iii ) Active voice ; ( iv ) Tabular presentation or bullet lists for complex material, whenever possible ; ( v ) No legal jargon or highly technical business terms ; and ( vi ) No multiple negatives.\n\n( 3 ) In designing these sections or other sections of the prospectus, you may include pictures, logos, charts, graphs, or other design elements so long as the design is not misleading and the required information is clear. You are encouraged to use tables, schedules, charts and graphic illustrations of the results of operations, balance sheet, or other financial data that present the data in an understandable manner. Any presentation must be consistent with the financial statements and non-financial information in the prospectus. You must draw the graphs and charts to scale. Any information you provide must not be misleading","date_sent_to_company":"2023-12-19T04:12:56.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"231XX","tags":null,"has_narrative":true,"complaint_id":"8022971","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2023-12-19T03:56:29.000Z","state":"VA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau most of the <em>rulemaking</em> responsibilities added to this Act by the Fair and Accurate <em>Credit</em> Transactions Act and the <em>Credit</em> CARD Act, but the Commission retains all its enforcement authority. \n\nI demand compensation for the breaches that have resulted in significant privacy violations, totaling {$9000.00} based on the identified violations, each amounting to {$1000.00}."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[3.624772,"8022971"]},{"_index":"complaint-public-v1","_id":"8759313","_score":3.1431916,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, XXXX, and XXXX are not maintaining reasonable procedures. Per the FCRA AS A Federally protected consumer, I am now opting out any and all authorization, I the consumer may have given you written, unwritten, verbal, and non-verbal per 15 USC 8602. 12 CFR 1016.7 states that \" A consumer may exercise the right to opt-out at any time. '' I am opting out of your reporting services. \n\nIn accordance with the Fair Credit Reporting Act, the list of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. Vystar Credit Union credit card account ending in # XXXX, and XXXX XXXX XXXX XXXX XXXX # XXXX, have violated my rights. 15 U.S.C. 1681 I am seeking compensation for the damages caused by this violation, which has impacted my ability to access credit and financial opportunities. {$1000.00} per transaction. They have reported for months. XXXX {$1000.00} per violation x 14 months= {$14000.00} XXXX {$1000.00} per violation. My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of XXXX, which is a Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. \n\nI have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. P.L 90-321 ( 82 Stat. 146 ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XX/XX/XXXX. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title XXXX related to extortionate credit transactions, title XXXX related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed { {$50.00} }. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in 1969 and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information. Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section XXXX of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank XXXX XXXX Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before, shall be exempt from the requirements of XXXX XXXX part XXXX with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than { {$1000.00} }, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than { {$5000.00} }, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in 1974 to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is 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. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( e ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than { {$5000.00} } or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( 2 ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other, ( 2 ) In accordance with the written instructions of the consumer to whom it relates ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report ; Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 15 U.S. Code 1681n - Civil liability for willful noncompliance ; ( a ) In general, any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than { {$100.00} } and not more than { {$1000.00} } ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or { {$1000.00} }, whichever is greater ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the XXXX XXXX XXXX XXXX XXXX, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 15 U.S. Code 1692e False or misleading representations ; A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings may mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit may be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. 15 U.S. Code 1692e ( 6 ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch-all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal AS PER THE LAW, I WANT THE I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT. The utilization should state paid as agreed.\n\nMy right to privacy is guaranteed by 15 U.S.C. 1681 section 602 ( A ) .15 U.S.C. 1681s-2 ( A ) ( XXXX ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. \n\nXXXX XXXX XXXX XXXX is the parent company they operated under ) is also in violation of The Family Educational Rights and Privacy Act ( FERPA ) ( 20 U.S.C. 1232g ; 34 CFR Part 99 ) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the XXXX Department of Education. They also included erroneous reporting. XXXX XXXX shut down in XXXX after being hit with a series of sanctions by the Obama administration. Loan forgiveness was offered to more former XXXX XXXX students. They should have included my loan but they fail to do so. They continue to report this on my credit report. I want compensation because they violated me for years. They have reported monthly for 7 years. {$1000.00} per violation ( transaction ). {$1000.00} x 12 months for XXXX yrs total {$84000.00}. Their handling of my records and privacy is unacceptable. Under the regulations set forth by the Family Educational Rights and Privacy Act ( XXXX ), specifically outlined in the United States Code ( USC ) Title 20, Section 1232g, and the corresponding Code of Federal Regulations ( CFR ), Title 34, Section 99, educational records including student loan information are protected and should not be disclosed to unauthorized parties or reported on credit reports without proper authorization or when they pertain to defunct institutions. XXXX 's continued reporting of these loans has had severe financial consequences for me. Because of this inaccurate reporting, I have been declined for personal and business loans that I otherwise would have been approved for. This has caused significant financial hardship and unnecessary stress. \n\nI demand that XXXX rectify this issue immediately by removing these erroneous loan entries from my credit report in compliance with XXXX and other relevant regulations. Additionally, I am seeking compensation for the damages caused by this violation, which has impacted my ability to access credit and financial opportunities. \n\nI demand a response to this complaint within 10 days to confirm that corrective action has been taken and provide details on how you intend to compensate me for the damages incurred. Failure to address this matter satisfactorily will compel me to pursue further legal action","date_sent_to_company":"2024-04-12T06:44:55.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32277","tags":null,"has_narrative":true,"complaint_id":"8759313","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SYNCHRONY FINANCIAL","date_received":"2024-04-12T06:44:52.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["In accordance with the Fair <em>Credit</em> Reporting Act, the list of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. Vystar <em>Credit</em> <em>Union</em> <em>credit</em> card account ending in # XXXX, and XXXX XXXX XXXX XXXX XXXX # XXXX, have violated my rights. 15 U.S.C. 1681 I am seeking compensation for the damages caused by this violation, which has impacted my ability to access <em>credit</em> and financial opportunities. {$1000.00} per transaction."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"sub_product":["<em>Credit</em> reporting"]},"sort":[3.1431916,"8759313"]},{"_index":"complaint-public-v1","_id":"8759762","_score":3.1410196,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, XXXX, and XXXX are not maintaining reasonable procedures. Per the FCRA AS A Federally protected consumer, I am now opting out any and all authorization, I the consumer may have given you written, unwritten, verbal, and non-verbal per 15 USC 8602. 12 CFR 1016.7 states that \" A consumer may exercise the right to opt-out at any time. '' I am opting out of your reporting services.\n\nIn accordance with the Fair Credit Reporting Act, the list of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. Vystar Credit Union credit card account ending in # XXXX, and XXXX XXXX XXXX XXXX XXXX # XXXX, have violated my rights. 15 U.S.C. 1681 I am seeking compensation for the damages caused by this violation, which has impacted my ability to access credit and financial opportunities. {$1000.00} per transaction. They have reported for months. Vystar {$1000.00} per violation x 14 months= {$14000.00} XXXX {$1000.00} per violation. My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of 1974, which is a Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. \n\nI have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. P.L 90-321 ( 82 Stat. 146 ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XX/XX/XXXX. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title XXXX related to extortionate credit transactions, title XXXX related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed { {$50.00} }. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in 1969 and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information. Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than { {$1000.00} }, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than { {$5000.00} }, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in 1974 to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is 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. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( XXXX ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than { {$5000.00} } or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( 2 ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other, ( 2 ) In accordance with the written instructions of the consumer to whom it relates ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report ; Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 15 U.S. Code 1681n - Civil liability for willful noncompliance ; ( a ) In general, any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than { {$100.00} } and not more than { {$1000.00} } ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or { {$1000.00} }, whichever is greater ; XXXX5 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 15 U.S. Code 1692e False or misleading representations ; A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings may mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit may be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. 15 U.S. Code 1692e ( 6 ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch-all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal AS PER THE LAW, I WANT THE I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT. The utilization should state paid as agreed.\n\nMy right to privacy is guaranteed by 15 U.S.C. 1681 section 602 ( A ) .15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.\n\nAidvantage ( Maximus Inc. is the parent company they operated under ) is also in violation of The Family Educational Rights and Privacy Act ( FERPA ) ( 20 U.S.C. 1232g ; 34 CFR Part 99 ) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. They also included erroneous reporting. XXXX XXXX shut down in 2016 after being hit with a series of sanctions by the Obama administration. Loan forgiveness was offered to more former XXXX XXXX students. They should have included my loan but they fail to do so. They continue to report this on my credit report. I want compensation because they violated me for years. They have reported monthly for 7 years. {$1000.00} per violation ( transaction ). {$1000.00} x 12 months for 7 yrs total {$84000.00}. Their handling of my records and privacy is unacceptable. Under the regulations set forth by the Family Educational Rights and Privacy Act ( FERPA ), specifically outlined in the United States Code ( USC ) Title 20, Section 1232g, and the corresponding Code of Federal Regulations ( CFR ), Title 34, Section 99, educational records including student loan information are protected and should not be disclosed to unauthorized parties or reported on credit reports without proper authorization or when they pertain to defunct institutions. XXXX 's continued reporting of these loans has had severe financial consequences for me. Because of this inaccurate reporting, I have been declined for personal and business loans that I otherwise would have been approved for. This has caused significant financial hardship and unnecessary stress. \n\nI demand that XXXX rectify this issue immediately by removing these erroneous loan entries from my credit report in compliance with FERPA and other relevant regulations. Additionally, I am seeking compensation for the damages caused by this violation, which has impacted my ability to access credit and financial opportunities. \n\nI demand a response to this complaint within 10 days to confirm that corrective action has been taken and provide details on how you intend to compensate me for the damages incurred. Failure to address this matter satisfactorily will compel me to pursue further legal action","date_sent_to_company":"2024-04-12T06:44:46.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32277","tags":null,"has_narrative":true,"complaint_id":"8759762","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"VYSTAR CREDIT UNION","date_received":"2024-04-12T04:34:56.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["In accordance with the Fair <em>Credit</em> Reporting Act, the list of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. Vystar <em>Credit</em> <em>Union</em> <em>credit</em> card account ending in # XXXX, and XXXX XXXX XXXX XXXX XXXX # XXXX, have violated my rights. 15 U.S.C. 1681 I am seeking compensation for the damages caused by this violation, which has impacted my ability to access <em>credit</em> and financial opportunities. {$1000.00} per transaction."],"product":["<em>Credit</em> reporting or other personal consumer reports"],"company":["VYSTAR <em>CREDIT</em> <em>UNION</em>"],"sub_product":["<em>Credit</em> reporting"]},"sort":[3.1410196,"8759762"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":19,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":19}]}},"product":{"doc_count":19,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting or other personal consumer reports","doc_count":18,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":18}]}},{"key":"Student loan","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Federal student loan servicing","doc_count":1}]}}]}},"issue":{"doc_count":19,"issue":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Improper use of your report","doc_count":18,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Reporting company used your report improperly","doc_count":18}]}},{"key":"Dealing with your lender or servicer","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Received bad information about your loan","doc_count":1}]}}]}},"timely":{"doc_count":19,"timely":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Yes","doc_count":19}]}},"company_response":{"doc_count":19,"company_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Closed with explanation","doc_count":11},{"key":"Closed with non-monetary relief","doc_count":8}]}},"submitted_via":{"doc_count":19,"submitted_via":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Web","doc_count":19}]}},"company":{"doc_count":19,"company":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","doc_count":7},{"key":"Experian Information Solutions Inc.","doc_count":3},{"key":"EQUIFAX, INC.","doc_count":2},{"key":"CAPITAL ONE FINANCIAL CORPORATION","doc_count":1},{"key":"Early Warning Services, LLC","doc_count":1},{"key":"Nelnet, Inc.","doc_count":1},{"key":"SYNCHRONY FINANCIAL","doc_count":1},{"key":"TRUIST FINANCIAL CORPORATION","doc_count":1},{"key":"VYSTAR CREDIT UNION","doc_count":1},{"key":"Westlake Services, LLC","doc_count":1}]}},"state":{"doc_count":19,"state":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"VA","doc_count":7},{"key":"IL","doc_count":4},{"key":"NV","doc_count":3},{"key":"FL","doc_count":2},{"key":"NC","doc_count":1},{"key":"NE","doc_count":1},{"key":"OH","doc_count":1}]}},"company_public_response":{"doc_count":19,"company_public_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","doc_count":13}]}},"tags":{"doc_count":19,"tags":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[]}}},"_meta":{"license":"CC0","last_updated":"2026-07-14T12:00:00-05:00","last_indexed":"2026-07-14T12:00:00-05:00","total_record_count":16441818,"is_data_stale":false,"has_data_issue":false,"break_points":{}}}