{"took":248,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":51,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"4924389","_score":35.614895,"_source":{"product":"Debt collection","complaint_what_happened":"Stating from XXXX XXXX XXXX, I'm a consumer, it means any natural person obligated or \" allegedly '' obligated to pay any debt. I, the consumer would like for you to verify this alleged debt that you have placed on my credit report. I do not have a contract or agreed that I will be paying this alleged, stating from XXXX CFR XXXX ( f ), it says a 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. I would like for you to provide the following for me : -What the money you say I owe is for -Explain and show me how you calculated what you say I owe -Provide me with copies of any papers that show I agreed to pay what you say I owe -Provide a verication or copy of any judgement if applicable -Show me that you are licensed to collect in my state -Provide me with your license numbers and registered agent or agent of service","date_sent_to_company":"2021-11-18T16:48:02.000Z","issue":"Communication tactics","sub_product":"Other debt","zip_code":"30319","tags":null,"has_narrative":true,"complaint_id":"4924389","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Accelerated Financial Solutions, LLC","date_received":"2021-11-18T16:04:28.000Z","state":"GA","company_public_response":null,"sub_issue":"Used obscene, profane, or other abusive language"},"highlight":{"complaint_what_happened":["I do not have a contract or agreed that I will be paying this alleged, stating from XXXX CFR XXXX ( f ), it says a contract any oral or written agreement, formal or informal, between a creditor and a seller, which contemplates or provides for <em>cooperative</em> or <em>concerted</em> <em>activity</em> in <em>connection</em> with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof."]},"sort":[35.614895,"4924389"]},{"_index":"complaint-public-v1","_id":"4924640","_score":34.63682,"_source":{"product":"Debt collection","complaint_what_happened":"Stating from 15 USC 1692a, I'm a consumer, it means any natural person obligated or \" allegedly '' obligated to pay any debt. I, the consumer would like for you to verify this alleged debt that you have placed on my credit report. I do not have a contract or agreed that I will be paying this alleged, stating from 16 CFR 433.1 ( f ), it says a 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. I would like for you to provide the following for me : -What the money you say I owe is for -Explain and show me how you calculated what you say I owe -Provide me with copies of any papers that show I agreed to pay what you say I owe -Provide a verication or copy of any judgement if applicable -Show me that you are licensed to collect in my state -Provide me with your license numbers and registered agent or agent of service","date_sent_to_company":"2021-11-18T16:54:32.000Z","issue":"Communication tactics","sub_product":"Other debt","zip_code":"30319","tags":null,"has_narrative":true,"complaint_id":"4924640","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Southwest Credit Systems, L.P.","date_received":"2021-11-18T16:48:45.000Z","state":"GA","company_public_response":null,"sub_issue":"Used obscene, profane, or other abusive language"},"highlight":{"complaint_what_happened":["I do not have a contract or agreed that I will be paying this alleged, stating from 16 CFR 433.1 ( f ), it says a contract any oral or written agreement, formal or informal, between a creditor and a seller, which contemplates or provides for <em>cooperative</em> or <em>concerted</em> <em>activity</em> in <em>connection</em> with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof."]},"sort":[34.63682,"4924640"]},{"_index":"complaint-public-v1","_id":"8171615","_score":32.906868,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, Experian, and XXXX continue to inaccurately report the account listed as XXXX XXXX XXXX. There is a balance showing as due when in fact the account should be listed as paid as agreed. The loan has been paid in full furthermore any finance charge is a purchase money loan which is a cash advance in lieu of the finance charge. Therefore I funded this loan and can not be indebted. The only reason the credit bureaus are inaccurately reporting the account is due to double dipping by being paid by XXXX XXXX XXXX while selling my personal information which puts my information at risk of being exposed due to data breaches. \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 ( XXXX ) refers consumers to the creditor or ( XXXX ) is affiliated with the creditor by common control, contract, or business arrangement. \n\n( XXXX ) 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 ( e ) of this section. \n\n( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers. \n( XXXX ) \" Security, '' except as otherwise provided in Section 8-103, means an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of an issuer : ( i ) which is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer ; ( ii ) which is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests, or obligations; and ( iii ) which : ( A ) is, or is of a type, dealt in or traded on securities exchanges or securities markets; or ( B ) is a medium for investment and by its terms expressly provides that it is a security governed by this Article. \n\n( XXXX ) \" Security certificate '' means a certificate representing a security. \n\n( XXXX ) \" Security entitlement '' means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part 5.","date_sent_to_company":"2024-01-17T07:42:15.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"94513","tags":null,"has_narrative":true,"complaint_id":"8171615","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-01-17T07:42:12.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Extending credit to a consumer in <em>connection</em> with a Credit <em>Sale</em> 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 <em>cooperative</em> or <em>concerted</em> <em>activity</em> in <em>connection</em> with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof. \n\n( g ) Business arrangement."]},"sort":[32.906868,"8171615"]},{"_index":"complaint-public-v1","_id":"8171838","_score":32.851906,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Transunion, XXXX, and XXXX continue to inaccurately report the account listed as XXXX XXXX XXXX There is a balance showing as due when in fact the account should be listed as paid as agreed. The loan has been paid in full furthermore any finance charge is a purchase money loan which is a cash advance in lieu of the finance charge. Therefore I funded this loan and can not be indebted. The only reason the credit bureaus are inaccurately reporting the account is due to double dipping by being paid by XXXX XXXX XXXX while selling my personal information which puts my information at risk of being exposed due to data breaches. \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 ( XXXX ) refers consumers to the creditor or ( XXXX ) is affiliated with the creditor by common control, contract, or business arrangement. \n\n( XXXX ) 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. \n( XXXX ) \" Security, '' except as otherwise provided in Section 8-103, means an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of an issuer : ( i ) which is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer ; ( ii ) which is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests, or obligations; and ( iii ) which : ( A ) is, or is of a type, dealt in or traded on securities exchanges or securities markets; or ( B ) is a medium for investment and by its terms expressly provides that it is a security governed by this Article. \n\n( XXXX ) \" Security certificate '' means a certificate representing a security. \n\n( XXXX ) \" Security entitlement '' means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part 5.","date_sent_to_company":"2024-01-17T07:42:08.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"94513","tags":null,"has_narrative":true,"complaint_id":"8171838","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-01-17T07:19:21.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Extending credit to a consumer in <em>connection</em> with a Credit <em>Sale</em> 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 <em>cooperative</em> or <em>concerted</em> <em>activity</em> in <em>connection</em> with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof. \n\n( g ) Business arrangement."]},"sort":[32.851906,"8171838"]},{"_index":"complaint-public-v1","_id":"8171616","_score":32.68825,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, XXXX, and Equifax continue to inaccurately report the account listed as XXXX XXXX XXXX. There is a balance showing as due when in fact the account should be listed as paid as agreed. The loan has been paid in full furthermore any finance charge is a purchase money loan which is a cash advance in lieu of the finance charge. Therefore I funded this loan and can not be indebted. The only reason the credit bureaus are inaccurately reporting the account is due to double dipping by being paid by XXXX XXXX XXXX while selling my personal information which puts my information at risk of being exposed due to data breaches. \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 ( XXXX ) refers consumers to the creditor or ( XXXX ) is affiliated with the creditor by common control, contract, or business arrangement. \n\n( XXXX ) 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. \n( XXXX ) \" Security, '' except as otherwise provided in Section 8-103, means an obligation of an issuer or a share, participation, or other interest in an issuer or in property or an enterprise of an issuer : ( i ) which is represented by a security certificate in bearer or registered form, or the transfer of which may be registered upon books maintained for that purpose by or on behalf of the issuer ; ( ii ) which is one of a class or series or by its terms is divisible into a class or series of shares, participations, interests, or obligations; and ( iii ) which : ( A ) is, or is of a type, dealt in or traded on securities exchanges or securities markets; or ( B ) is a medium for investment and by its terms expressly provides that it is a security governed by this Article. \n\n( XXXX ) \" Security certificate '' means a certificate representing a security. \n\n( XXXX ) \" Security entitlement '' means the rights and property interest of an entitlement holder with respect to a financial asset specified in Part 5.","date_sent_to_company":"2024-01-17T07:42:15.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"94513","tags":null,"has_narrative":true,"complaint_id":"8171616","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-01-17T07:42:12.000Z","state":"CA","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Extending credit to a consumer in <em>connection</em> with a Credit <em>Sale</em> 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 <em>cooperative</em> or <em>concerted</em> <em>activity</em> in <em>connection</em> with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof. \n\n( g ) Business arrangement."]},"sort":[32.68825,"8171616"]},{"_index":"complaint-public-v1","_id":"8171891","_score":29.930103,"_source":{"product":"Debt collection","complaint_what_happened":"Prosper Funding LLC responded to my complaint but did not provide the documents as i requested. If there is an legitimate debt that is owed there should be accounting records for this transaction. 16 CFR 433.1 states that a purchase money loan is received in return for the finance charge therefore Prosper Funding LLC did not loan anytthing but actually received a cash advance this is false misrepresentation. If this is not true produce the records that prove otherwise I am not asking for a simple contract but official accounting records. It is my belief that Prosper has failed to properly account for the proceeds of this transaction. \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. ( 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 XXXX XXXX Loan transaction or a financed sale as defined in paragraphs ( d ) and ( e ) of this section. \n\n( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers. \n16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/1977 from requirements of 433.2 ( a ).\n\nCFR a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/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. \n\n( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1.\n\n( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. \n\n( XXXX ) 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. \n\n( 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":"2024-01-17T06:35:40.000Z","issue":"False statements or representation","sub_product":"Other debt","zip_code":"94513","tags":null,"has_narrative":true,"complaint_id":"8171891","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Prosper Marketplace, Inc.","date_received":"2024-01-17T06:18:35.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Attempted to collect wrong amount"},"highlight":{"complaint_what_happened":["Extending credit to a consumer in <em>connection</em> with a Credit <em>Sale</em> 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 <em>cooperative</em> or <em>concerted</em> <em>activity</em> in <em>connection</em> with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof. \n\n( g ) Business arrangement."]},"sort":[29.930103,"8171891"]},{"_index":"complaint-public-v1","_id":"4737370","_score":29.093182,"_source":{"product":"Student loan","complaint_what_happened":"My debut was satisfied with the promissory instrument per my contract that ALL alleged debts was paid in full 16 CFR 433.1 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 ( e ) of this section. \n\n( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers. \n16 CFR 433.2 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. \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 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. \nXXXX XXXX XXXX XXXX Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/1977 from requirements of 433.2 ( a ). \n( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/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. \n\n( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1.\n\n( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended.\n\n( 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.\n\n( 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":"2021-09-20T04:14:50.000Z","issue":"Incorrect information on your report","sub_product":"Federal student loan servicing","zip_code":"38305","tags":null,"has_narrative":true,"complaint_id":"4737370","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Nelnet, Inc.","date_received":"2021-09-20T03:13:19.000Z","state":"TN","company_public_response":null,"sub_issue":"Account status incorrect"},"highlight":{"complaint_what_happened":["Extending credit to a consumer in <em>connection</em> with a Credit <em>Sale</em> 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 <em>cooperative</em> or <em>concerted</em> <em>activity</em> in <em>connection</em> with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof.\n\n( g ) Business arrangement."]},"sort":[29.093182,"4737370"]},{"_index":"complaint-public-v1","_id":"10233570","_score":25.715725,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"I have a Retail Installment Contract and Security Agreement with XXXX XXXX that was dated XX/XX/XXXX for a vehicle Make and Model XXXX XXXX XXXX Furnishers are providing information to my consumer report that is false and Inaccurate. XXXX has committed Securities Fraud!\n\n18 U.S. Code 1348 - Securities and commodities fraud. According to 16 CFR 433.1 ( 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. \nXXXX XXXX was paid out for GAP COVERAGE on XX/XX/XXXX. This was within XXXX hours of me signing the Agreement. In the amount of {$690.00} for a Term of 72 Months. Giving them a upfront payment totaling the amount of $ XXXX this debt is PAID FREE AND CLEAR! This Company Also received payment from XXXX for GAP Cancellation on XX/XX/XXXX in the amount {$120.00}. Also, XXXX Requesting that XXXX XXXX XXXX ( Chief Financial XXXX ) to have my 80 % of the Dividend payments that was received from both the GAP COVERAGE and RETAIL INSTALLMENT CONTRACT AND SECURITY AGREEMENT deposited into My XXXX Within the Next XXXX hours or by XX/XX/XXXX. Theses are Dividend Payments that were made from my Treasury Coupons. AKA the RETAIL INSTALLMENT CONTRACT AND SECURITY AGREEMENT & GAP COVERAGE CONTRACT AGREEMENT. If these requirements are not sufficient, I will be forced to proceed with a Filing a arbitration claim against XXXX XXXX. \nI exercise my RIGHTS to have this Item DELETED IMMEDIATELY. If you dont DELETE SAID ACCOUNT in XXXX business days. You will be in violation of law according to 15 U.S. Code 1681n - Civil liability for willful noncompliance. According to the Fair Credit Reporting Act 15 USC 1681 section 602 a state \" 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. Please, contact me at my email address XXXX to arrange the delivery of My Deposits under this fraudulent credit consumer transaction. Additionally, please mail me confirmation that the credit consumer transaction has been voided and no negative information will be reported to the credit bureaus with respect to this matter.","date_sent_to_company":"2024-09-24T22:02:07.000Z","issue":"Managing the loan or lease","sub_product":"Lease","zip_code":"30252","tags":null,"has_narrative":true,"complaint_id":"10233570","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Bridgecrest Acceptance Corporation","date_received":"2024-09-24T21:53:30.000Z","state":"GA","company_public_response":null,"sub_issue":"Loan sold or transferred to another company"},"highlight":{"complaint_what_happened":["Any oral or written agreement, formal or informal, between a creditor and a seller, which contemplates or provides for <em>cooperative</em> or <em>concerted</em> <em>activity</em> in <em>connection</em> with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof. \nXXXX XXXX was paid out for GAP COVERAGE on XX/XX/XXXX. This was within XXXX hours of me signing the Agreement. In the amount of {$690.00} for a Term of 72 Months. Giving them a upfront payment totaling the amount of $ XXXX this debt is PAID FREE AND CLEAR!"]},"sort":[25.715725,"10233570"]},{"_index":"complaint-public-v1","_id":"8319793","_score":25.666124,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX6 CFR 313.12, 16 CFR 433.1, 16 CFR 433.2 , 16 CFR 433.3 ( Stop reporting my utilization score on any and all accounts reporting on my credit score ) 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 ( e ) of this section.\n\n( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers.\n\n433.2 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 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. \n\n433.3 Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of 433.2 ( a ). \n( 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.\n\n( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1.\n\n( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended.\n\n( 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.\n\n( 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.\n\n313.12 Limits on sharing account number information for marketing purposes.\n\n( a ) General prohibition on disclosure of account numbers. You must not, directly or through an affiliate, disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a consumer 's credit card account, deposit account, or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( b ) Exceptions. Paragraph ( a ) of this section does not apply if you disclose an account number or similar form of access number or access code : ( 1 ) To your agent or service provider solely in order to perform marketing for your own products or services, as long as the agent or service provider is not authorized to directly initiate charges to the account; or ( 2 ) To a participant in a private label credit card program or an affinity or similar program where the participants in the program are identified to the customer when the customer enters into the program.\n\n( c ) Examples ( 1 ) Account number. An account number, or similar form of access number or access code, does not include a number or code in an encrypted form, as long as you do not provide the recipient with a means to decode the number or code.\n\n( 2 ) Transaction account. A transaction account is an account other than a deposit account or a credit card account. A transaction account does not include an account to which third parties can not initiate charges.","date_sent_to_company":"2024-02-09T22:36:06.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"27610","tags":"Older American","has_narrative":true,"complaint_id":"8319793","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-02-09T22:36:02.000Z","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":["Extending credit to a consumer in <em>connection</em> with a Credit <em>Sale</em> 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 <em>cooperative</em> or <em>concerted</em> <em>activity</em> in <em>connection</em> with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof.\n\n( g ) Business arrangement."]},"sort":[25.666124,"8319793"]},{"_index":"complaint-public-v1","_id":"8319792","_score":25.644896,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX6 CFR 313.12, 16 CFR 433.1, 16 CFR 433.2 , 16 CFR 433.3 ( Stop reporting my utilization score on any and all accounts reporting on my credit score ) 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 ( e ) of this section.\n\n( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers.\n\n433.2 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 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. \n\n433.3 Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of 433.2 ( a ). \n( 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 XXXX6 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses.\n\n( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1.\n\n( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended.\n\n( 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.\n\n( 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.\n\n313.12 Limits on sharing account number information for marketing purposes.\n\n( a ) General prohibition on disclosure of account numbers. You must not, directly or through an affiliate, disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a consumer 's credit card account, deposit account, or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( b ) Exceptions. Paragraph ( a ) of this section does not apply if you disclose an account number or similar form of access number or access code : ( 1 ) To your agent or service provider solely in order to perform marketing for your own products or services, as long as the agent or service provider is not authorized to directly initiate charges to the account; or ( 2 ) To a participant in a private label credit card program or an affinity or similar program where the participants in the program are identified to the customer when the customer enters into the program.\n\n( c ) Examples ( 1 ) Account number. An account number, or similar form of access number or access code, does not include a number or code in an encrypted form, as long as you do not provide the recipient with a means to decode the number or code.\n\n( 2 ) Transaction account. A transaction account is an account other than a deposit account or a credit card account. A transaction account does not include an account to which third parties can not initiate charges.","date_sent_to_company":"2024-02-09T22:36:06.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"27610","tags":"Older American","has_narrative":true,"complaint_id":"8319792","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-02-09T22:36:02.000Z","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":["Extending credit to a consumer in <em>connection</em> with a Credit <em>Sale</em> 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 <em>cooperative</em> or <em>concerted</em> <em>activity</em> in <em>connection</em> with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof.\n\n( g ) Business arrangement."]},"sort":[25.644896,"8319792"]},{"_index":"complaint-public-v1","_id":"8319594","_score":25.644896,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"YOUR COMPLAINT XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ( Stop reporting my utilization score on any and all accounts reporting on my credit score ) Person. An individual, corporation, or any other business organization. ( b ) Consumer. A natural person who seeks or acquires goods or services for personal, family, or household use. ( 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. ( 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. ( 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. ( 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. ( 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. ( 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. ( 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 ( e ) of this section. ( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers. 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. 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. 313.12 Limits on sharing account number information for marketing purposes. ( a ) General prohibition on disclosure of account numbers. You must not, directly or through an affiliate, disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a consumer 's credit card account, deposit account, or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. ( b ) Exceptions. Paragraph ( a ) of this section does not apply if you disclose an account number or similar form of access number or access code : ( 1 ) To your agent or service provider solely in order to perform marketing for your own products or services, as long as the agent or service provider is not authorized to directly initiate charges to the account; or ( 2 ) To a participant in a private label credit card program or an affinity or similar program where the participants in the program are identified to the customer when the customer enters into the program. ( c ) Examples ( 1 ) Account number. An account number, or similar form of access number or access code, does not include a number or code in an encrypted form, as long as you do not provide the recipient with a means to decode the number or code. ( 2 ) Transaction account. A transaction account is an account other than a deposit account or a credit card account. A transaction account does not include an account to which third parties can not initiate charges.","date_sent_to_company":"2024-02-09T22:59:52.000Z","issue":"Credit monitoring or identity theft protection services","sub_product":"Credit reporting","zip_code":"27610","tags":"Older American","has_narrative":true,"complaint_id":"8319594","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"NATIONS LENDING CORPORATION","date_received":"2024-02-09T22:59:45.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Received unwanted marketing or advertising"},"highlight":{"complaint_what_happened":["Extending credit to a consumer in <em>connection</em> with a Credit <em>Sale</em> within the meaning of the Truth in Lending Act and Regulation Z. ( f ) Contract. Any oral or written agreement, formal or informal, between a creditor and a seller, which contemplates or provides for <em>cooperative</em> or <em>concerted</em> <em>activity</em> in <em>connection</em> with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof. ( g ) Business arrangement."]},"sort":[25.644896,"8319594"]},{"_index":"complaint-public-v1","_id":"8319593","_score":25.583038,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"YOUR COMPLAINT XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( Stop reporting my utilization score on any and all accounts reporting on my credit score ) Person. An individual, corporation, or any other business organization. ( b ) Consumer. A natural person who seeks or acquires goods or services for personal, family, or household use. ( 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. ( 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. ( 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. ( 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. ( 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. ( 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. ( 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 ( e ) of this section. ( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers. 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. 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. 313.12 Limits on sharing account number information for marketing purposes. ( a ) General prohibition on disclosure of account numbers. You must not, directly or through an affiliate, disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a consumer 's credit card account, deposit account, or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. ( b ) Exceptions. Paragraph ( a ) of this section does not apply if you disclose an account number or similar form of access number or access code : ( 1 ) To your agent or service provider solely in order to perform marketing for your own products or services, as long as the agent or service provider is not authorized to directly initiate charges to the account; or ( 2 ) To a participant in a private label credit card program or an affinity or similar program where the participants in the program are identified to the customer when the customer enters into the program. ( c ) Examples ( 1 ) Account number. An account number, or similar form of access number or access code, does not include a number or code in an encrypted form, as long as you do not provide the recipient with a means to decode the number or code. ( 2 ) Transaction account. A transaction account is an account other than a deposit account or a credit card account. A transaction account does not include an account to which third parties can not initiate charges.","date_sent_to_company":"2024-02-09T22:59:52.000Z","issue":"Credit monitoring or identity theft protection services","sub_product":"Credit reporting","zip_code":"27610","tags":"Older American","has_narrative":true,"complaint_id":"8319593","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Bread Financial Holdings, Inc.","date_received":"2024-02-09T22:59:45.000Z","state":"NC","company_public_response":null,"sub_issue":"Received unwanted marketing or advertising"},"highlight":{"complaint_what_happened":["Extending credit to a consumer in <em>connection</em> with a Credit <em>Sale</em> within the meaning of the Truth in Lending Act and Regulation Z. ( f ) Contract. Any oral or written agreement, formal or informal, between a creditor and a seller, which contemplates or provides for <em>cooperative</em> or <em>concerted</em> <em>activity</em> in <em>connection</em> with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof. ( g ) Business arrangement."]},"sort":[25.583038,"8319593"]},{"_index":"complaint-public-v1","_id":"8319788","_score":25.525562,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 16 CFR 313.12, 16 CFR 433.1, 16 CFR 433.2 , 16 CFR 433.3 ( Stop reporting my utilization score on any and all accounts reporting on my credit score ) 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 ( e ) of this section.\n\n( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers.\n\n433.2 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.\n\n433.3 Exemption of sellers taking or receiving open end consumer credit contracts before November 1, 1977 from requirements of 433.2 ( a ).\n\n( 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.\n\n( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1.\n\n( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended.\n\n( 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.\n\n( 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.\n\n313.12 Limits on sharing account number information for marketing purposes.\n\n( a ) General prohibition on disclosure of account numbers. You must not, directly or through an affiliate, disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a consumer 's credit card account, deposit account, or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( b ) Exceptions. Paragraph ( a ) of this section does not apply if you disclose an account number or similar form of access number or access code : ( 1 ) To your agent or service provider solely in order to perform marketing for your own products or services, as long as the agent or service provider is not authorized to directly initiate charges to the account; or ( 2 ) To a participant in a private label credit card program or an affinity or similar program where the participants in the program are identified to the customer when the customer enters into the program.\n\n( c ) Examples ( 1 ) Account number. An account number, or similar form of access number or access code, does not include a number or code in an encrypted form, as long as you do not provide the recipient with a means to decode the number or code.\n\n( 2 ) Transaction account. A transaction account is an account other than a deposit account or a credit card account. A transaction account does not include an account to which third parties can not initiate charges.","date_sent_to_company":"2024-02-09T22:35:57.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"27610","tags":"Older American","has_narrative":true,"complaint_id":"8319788","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-02-09T22:12:49.000Z","state":"NC","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Extending credit to a consumer in <em>connection</em> with a Credit <em>Sale</em> 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 <em>cooperative</em> or <em>concerted</em> <em>activity</em> in <em>connection</em> with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof.\n\n( g ) Business arrangement."]},"sort":[25.525562,"8319788"]},{"_index":"complaint-public-v1","_id":"8041122","_score":25.384182,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Experian, XXXX, XXXX, are all in violation of The Fair Credit Reporting Act of XXXX. \n\nPlease find listed below all said violations ; 1. Hard inquiries on my consumer credit report 2. Selling my consumer credit information to third parties and solicitation of my credit information without giving me the opt out option.\n\n3. Retaining charge offs on my consumer credit report.\n\n15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) 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.\n\nDefinition - 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*16 CFR 313.7 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information 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.\n\nInaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.\n\n3 ) CONDITIONS ON USE FOR ADVERSE ACTIONS ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report ; and ( ii ) a description in writing of the rights of the consumer under this sub chapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title Privacy Act of 1974 *Fair Credit Reporting Act protects non-public personal information for consumers. \n*16CFR 433.1 - 433.1 Definitions. \n( a ) Person. An individual, corporation, or any other business organization. \n( b ) Consumer. A natural person who seeks or acquires goods or services for personal, family, or household use. \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( d ) Purchase XXXX XXXX. 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. ( 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( 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( 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( 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( i ) Consumer credit contract. Any instrument which evidences or embodies a debt arising from a Purchase XXXX XXXX transaction or a financed sale as defined in paragraphs ( d ) and ( e ) of this section. \n( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers.\n\n16 CFR 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 atNOTICE 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 Privacy Act of XX/XX/1974 PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. \nor, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase XXXX XXXX ( as purchase XXXX XXXX is defined herein ), unless any consumer credit contract made in connection with such purchase XXXX XXXX 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. \n[ 40 FR 53506, Nov. 18, 1975 ; 40 FR 58131, Dec. 15, 1975 ] ( 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( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. \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\n\n\n\n.","date_sent_to_company":"2023-12-21T20:26:33.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"199XX","tags":null,"has_narrative":true,"complaint_id":"8041122","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-12-21T20:26:29.000Z","state":"DE","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":["Extending credit to a consumer in <em>connection</em> with a Credit <em>Sale</em> within the meaning of the Truth in Lending Act and Regulation Z. \n( f ) Contract. Any oral or written agreement, formal or informal, between a creditor and a seller, which contemplates or provides for <em>cooperative</em> or <em>concerted</em> <em>activity</em> in <em>connection</em> with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof. \n( g ) Business arrangement."]},"sort":[25.384182,"8041122"]},{"_index":"complaint-public-v1","_id":"4841739","_score":25.384182,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"On XX/XX/XXXX  I visited XXXX XXXX XXXX of XXXX to extend my consumer credit to complete a consumer transaction. I was told they don't do paper applications anymore it was all online. So I chose the family vehicle and contained its specific information. I went home and initiated the extension of my consumer credit looking forward to satisfy my families need. The text message interaction with the salesman XXXX didn't go as pleasant as in person. XXXX told me a cosigner was needed. Then XXXX let me know, if no cosigner, there would need to be a deposit of cash put down. I requested to know if XXXX XXXX XXXX of XXXX participated in the Truth in Lending Act. That request was not answered. A few days go by and I return to complete the transaction Friday XX/XX/. XXXX was not in so I waited. Upon XXXX returning, I informed him of title 15 U.S.C. 1662 and that I would like to complete our transaction this day and sign the contract. XXXX said he did not understand the titled statute. XXXX introduced me to the finance manager whom name is XXXX XXXX XXXX. I relayed the same notice to XXXX concerning this consumer transaction and extending my consumer credit to XXXX XXXX XXXX of XXXX. At this point, XXXX let me know I was denied by XXXX XXXX after he stated they are not a lender and that Santander Consumer USA approved my application with a {$6000.00} down payment. This admission by XXXX and along with the printout of that \" decision '', puts XXXX XXXX XXXX of XXXX, XXXX XXXX, and Santander in clear violation of the Truth in Lending Act, Regulation Z, Equal Credit Opportunity Act, and specifically 15 U.S. Code 1611 - Criminal liability for willful and knowing violation. XXXX did not finish nor disclose the necessary information requested and required and told me we are not doing business with you. As he stated such, I handed him a w9 to fill out and he refused to comply with such request. He stated he was done there so I requested to speak with the manager of the facility. XXXX did not go get the manager of operations but instead the manager of Sales, XXXX XXXX. IMMEDIATELY XXXX came to XXXX office and told me to leave. He stated we are done ... Ive heard your conversations and read the text messages, this is nonsense. I requested that the w9 be filled out and he refused as well. I requested his business card and he agreed only to take 4 steps and turn around to state because his cellular number was listed he changed his mind and would not be sharing said business card. I requested his name a few times and his titled positioned and left the premises. As the consumer I have been defrauded and mislead due to false and misleading practices by way of deceptive and unfair forms. Notice was given at input of application that the consumers private personal instruments and data was valued at {$60000.00}. XXXX XXXX XXXX of XXXX has shared that information with XXXX XXXX and Santander Consumer USA making that a total of 3 entities holding my valued instruments and data in their system. 3 times {$60000.00} is {$180000.00}.\n\n16 CFR 433.1 - Definitions.\n\n433.1 Definitions.\n\n( 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 ( e ) of this section.\n\n( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers.\n\n16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.\n\n433.2 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 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.","date_sent_to_company":"2021-10-25T18:35:59.000Z","issue":"Getting a loan or lease","sub_product":"Loan","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"4841739","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Santander Consumer USA Holdings Inc.","date_received":"2021-10-25T17:27:26.000Z","state":"OK","company_public_response":null,"sub_issue":"Credit denial"},"highlight":{"complaint_what_happened":["Extending credit to a consumer in <em>connection</em> with a Credit <em>Sale</em> 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 <em>cooperative</em> or <em>concerted</em> <em>activity</em> in <em>connection</em> with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof.\n\n( g ) Business arrangement."]},"sort":[25.384182,"4841739"]},{"_index":"complaint-public-v1","_id":"8042667","_score":25.326405,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, Transunion, XXXX, are all in violation of The Fair Credit Reporting Act of 1974.\n\nPlease find listed below all said violations ; 1. Hard inquiries on my consumer credit report 2. Selling my consumer credit information to third parties and solicitation of my credit information without giving me the opt out option.\n\n3. Retaining charge offs on my consumer credit report.\n\n15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) 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.\n\nDefinition - 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*16 CFR 313.7 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information 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.\n\nInaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.\n\n3 ) CONDITIONS ON USE FOR ADVERSE ACTIONS ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report ; and ( ii ) a description in writing of the rights of the consumer under this sub chapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title Privacy Act of 1974 *Fair Credit Reporting Act protects non-public personal information for consumers.\n\n*16CFR 433.1 - 433.1 Definitions.\n\n( 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. ( 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 ( e ) of this section.\n\n( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers.\n\n16 CFR 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 atNOTICE 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 Privacy Act of 1974 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.\n\n[ 40 FR 53506, Nov. 18, 1975 ; 40 FR 58131, Dec. 15, 1975 ] ( 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\n\n\n\n.","date_sent_to_company":"2023-12-21T20:26:24.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"199XX","tags":null,"has_narrative":true,"complaint_id":"8042667","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2023-12-21T16:07:59.000Z","state":"DE","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":["Extending credit to a consumer in <em>connection</em> with a Credit <em>Sale</em> 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 <em>cooperative</em> or <em>concerted</em> <em>activity</em> in <em>connection</em> with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof.\n\n( g ) Business arrangement."]},"sort":[25.326405,"8042667"]},{"_index":"complaint-public-v1","_id":"8041123","_score":25.326405,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, XXXX, Equifax, are all in violation of The Fair Credit Reporting Act of XXXX. \n\nPlease find listed below all said violations ; 1. Hard inquiries on my consumer credit report 2. Selling my consumer credit information to third parties and solicitation of my credit information without giving me the opt out option.\n\n3. Retaining charge offs on my consumer credit report.\n\n15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) 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.\n\nDefinition - 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*16 CFR 313.7 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information 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. \nInaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. \n3 ) CONDITIONS ON USE FOR ADVERSE ACTIONS ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report ; and ( ii ) a description in writing of the rights of the consumer under this sub chapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title Privacy Act of 1974 *Fair Credit Reporting Act protects non-public personal information for consumers.\n\n*16CFR 433.1 - 433.1 Definitions. \n( 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( 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( d ) Purchase XXXX XXXX. 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. ( 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( 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( 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( 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( i ) Consumer credit contract. Any instrument which evidences or embodies a debt arising from a Purchase XXXX XXXX transaction or a financed sale as defined in paragraphs ( d ) and ( e ) of this section. \n( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers.\n\n16 CFR 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 atNOTICE 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 Privacy Act of XXXX PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. \nor, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase XXXX XXXX ( as purchase XXXX XXXX is defined herein ), unless any consumer credit contract made in connection with such purchase XXXX XXXX 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. \n[ 40 FR 53506, Nov. 18, 1975 ; 40 FR 58131, Dec. 15, 1975 ] ( 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( 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\n\n\n\n.","date_sent_to_company":"2023-12-21T20:26:33.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"199XX","tags":null,"has_narrative":true,"complaint_id":"8041123","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2023-12-21T20:26:29.000Z","state":"DE","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Extending credit to a consumer in <em>connection</em> with a Credit <em>Sale</em> within the meaning of the Truth in Lending Act and Regulation Z. \n( f ) Contract. Any oral or written agreement, formal or informal, between a creditor and a seller, which contemplates or provides for <em>cooperative</em> or <em>concerted</em> <em>activity</em> in <em>connection</em> with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof. \n( g ) Business arrangement."]},"sort":[25.326405,"8041123"]},{"_index":"complaint-public-v1","_id":"8084724","_score":25.069412,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Experian, XXXX, XXXX, XXXX XXXX since inception of my credit profile since XXXX i was never given any opt out notice and instruction on how to opt out and it never was disclosed to me there was an option to do so. \nLaws violated to date but may be more to come upon further investigation. \nPer the FCRA as a Federally Protected Consumer I am now opting out of any and all authorization I the consumer may have given you written unwritten, verbal and nonverbal per 15USC 6802. \nXXXX. I am requesting that all hard inquiries be removed. \n\nXXXX. All charge offs and any reporting of payment history be reported as paid as agreed. \n\nXXXX. I am requesting compensation of {$1000.00} per violation concerning all inquiries, charge offs, and sharing of my non-public personal information with third parties & soliciting to third party affiliates. \n\nXXXX. I am requesting compensation for the emotional distress, financial damage, humiliation that occurred due to my credit being denied on multiple occasions which was not my fault but the said companies who were in violation of the stated Fair Credit Reporting Act of XXXX. \n\n\n16 CFR 313.7 - 15USC 6801-6805 16 CFR 433.1,433.2 - 15USC 1681 15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) 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. \nDefinition - nonpublic personal information ( XXXX ) 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. \nXXXX16 CFR 313.7 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information 15 U.S. Code 1681 - Congressional findings and statement of purpose ( a ) ACCURACY AND FAIRNESS OF CREDIT REPORTING. The Congress makes the following findings : ( XXXX ) The banking system is dependent upon fair and accurate credit reporting. \nInaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. \nXXXX ) CONDITIONS ON USE FOR ADVERSE ACTIONS ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report ; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\nPrivacy Act of 1974 *Fair Credit Reporting Act protects non-public personal information for consumers.\n\n*16CFR 433.1 - 433.1 Definitions.\n\n( a ) Person. An individual, corporation, or any other business organization. \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 ( XXXX ) refers consumers to the creditor or ( XXXX ) 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( 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( 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( i ) Consumer credit contract. Any instrument which evidences or embodies a debt arising from a XXXX XXXX XXXX transaction or a financed sale as defined in paragraphs ( d ) and ( XXXX ) of this section. \n( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers. \n16 CFR 433.2 - 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 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 Privacy Act of XXXX PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. \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 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. \n[ XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX ] ( XXXX ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. \n( XXXX ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. \n( 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 It is illegal for these Bureaus to report my transaction history. I am opting out of their reporting. \n\n\nExperian, XXXX, XXXX. XXXX XXXX are all in violation of The Fair Credit Reporting Act of XXXX. \n\nPlease find listed below all said violations ; XXXX. Hard inquiries on my credit report XXXX. Selling my consumer credit information to third parties and solicitation of my credit information without giving me the opt out option. \nXXXX. Retaining charge offs on my credit report. \n\n\n15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) 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. \nDefinition - nonpublic personal information ( XXXX ) 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 XXXX 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*16 CFR 313.7 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information 15 U.S. Code 1681 - Congressional findings and statement of purpose ( a ) ACCURACY AND FAIRNESS OF CREDIT REPORTING. The Congress makes the following findings : ( XXXX ) The banking system is dependent upon fair and accurate credit reporting. \nInaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. \nXXXX ) CONDITIONS ON USE FOR ADVERSE ACTIONS ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report ; and ( ii ) a description in writing of the rights of the consumer under this sub chapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title Privacy Act of 1974 *Fair Credit Reporting Act protects non-public personal information for consumers.\n\n*16CFR 433.1 - 433.1 Definitions. \n( a ) Person. An individual, corporation, or any other business organization. \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. ( 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( 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( 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( i ) Consumer credit contract. Any instrument which evidences or embodies a debt arising from a XXXX XXXX XXXX transaction or a financed sale as defined in paragraphs ( d ) and ( XXXX ) of this section. \n( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers. \n16 CFR 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 atNOTICE 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 Privacy Act of XXXX PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. \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 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. \nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. \n( XXXX ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. \n( 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.","date_sent_to_company":"2023-12-31T13:45:18.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"21801","tags":null,"has_narrative":true,"complaint_id":"8084724","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-12-31T13:13:08.000Z","state":"MD","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Extending credit to a consumer in <em>connection</em> with a Credit <em>Sale</em> 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 <em>cooperative</em> or <em>concerted</em> <em>activity</em> in <em>connection</em> with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof. \n( g ) Business arrangement."]},"sort":[25.069412,"8084724"]},{"_index":"complaint-public-v1","_id":"8085633","_score":25.05011,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, XXXX, Equifax, XXXX XXXX since inception of my credit profile since XXXX i was never given any opt out notice and instruction on how to opt out and it never was disclosed to me there was an option to do so. \nLaws violated to date but may be more to come upon further investigation. \nPer the FCRA as a Federally Protected Consumer I am now opting out of any and all authorization I the consumer may have given you written unwritten, verbal and nonverbal per 15USC 6802.\n\n1. I am requesting that all hard inquiries be removed. \n\nXXXX. All charge offs and any reporting of payment history be reported as paid as agreed. \n\nXXXX. I am requesting compensation of {$1000.00} per violation concerning all inquiries, charge offs, and sharing of my non-public personal information with third parties & soliciting to third party affiliates. \n\nXXXX. I am requesting compensation for the emotional distress, financial damage, humiliation that occurred due to my credit being denied on multiple occasions which was not my fault but the said companies who were in violation of the stated Fair Credit Reporting Act of XXXX. \n\n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX Code XXXX - Protection of nonpublic personal information ( a ) 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.\n\nDefinition - 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 XXXX 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. \nXXXX XXXX XXXX XXXX XXXX XXXX XXXX - Obligations with respect to disclosures of personal information 15 U.S. Code 1681 - Congressional findings and statement of purpose ( a ) ACCURACY AND FAIRNESS OF CREDIT REPORTING. The Congress makes the following findings : ( XXXX ) The banking system is dependent upon fair and accurate credit reporting. \nInaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. \nXXXX ) CONDITIONS ON USE FOR ADVERSE ACTIONS ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report ; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the XXXX under section XXXX ( c ) ( XXXX ) XXXX of this title. \nPrivacy Act of XXXX XXXX XXXX XXXX XXXX protects non-public personal information for consumers. \nXXXX XXXX - XXXX Definitions. \n( a ) Person. An individual, corporation, or any other business organization. \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( 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( 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( 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( i ) Consumer credit contract. Any instrument which evidences or embodies a debt arising from a XXXX XXXX XXXX transaction or a financed sale as defined in paragraphs ( d ) and ( XXXX ) of this section. \n( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers. \nXXXX XXXX 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 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 Privacy Act of XXXX PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. \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 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. \n[ XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. \n( XXXX ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. \n( 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 It is illegal for these Bureaus to report my transaction history. I am opting out of their reporting. \n\n\nXXXX, XXXX, Equifax. XXXX XXXX are all in violation of The Fair Credit Reporting Act of XXXX. \n\nPlease find listed below all said violations ; XXXX. Hard inquiries on my credit report XXXX. Selling my consumer credit information to third parties and solicitation of my credit information without giving me the opt out option. \nXXXX. Retaining charge offs on my credit report. \n\n\n15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) 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. \nDefinition - nonpublic personal information ( XXXX ) 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 XXXX 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. \nXXXX XXXX XXXX XXXX XXXX XXXX XXXX - Obligations with respect to disclosures of personal information 15 U.S. Code 1681 - Congressional findings and statement of purpose ( a ) ACCURACY AND FAIRNESS OF CREDIT REPORTING. The Congress makes the following findings : ( XXXX ) The banking system is dependent upon fair and accurate credit reporting. \nInaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. \nXXXX ) CONDITIONS ON USE FOR ADVERSE ACTIONS ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report ; and ( ii ) a description in writing of the rights of the consumer under this sub chapter, as prescribed by the XXXX under section XXXX ( c ) ( XXXX ) XXXX of this title Privacy Act of XXXX XXXX XXXX XXXX XXXX protects non-public personal information for consumers. \nXXXX XXXX - XXXX Definitions. \n( a ) Person. An individual, corporation, or any other business organization. \n( b ) Consumer. A natural person who seeks or acquires goods or services for personal, family, or household use. \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( 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. ( 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( f ) XXXX. 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( 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( 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( i ) Consumer credit contract. Any instrument which evidences or embodies a debt arising from a XXXX XXXX XXXX transaction or a financed sale as defined in paragraphs ( d ) and ( XXXX ) of this section. \n( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers. \n16 CFR 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 atNOTICE 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 Privacy Act of XXXX PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. \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 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. \n[ XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ( XXXX ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. \n( XXXX ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. \n( 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.","date_sent_to_company":"2023-12-31T13:45:28.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"21801","tags":null,"has_narrative":true,"complaint_id":"8085633","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2023-12-31T13:45:24.000Z","state":"MD","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Extending credit to a consumer in <em>connection</em> with a Credit <em>Sale</em> 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 <em>cooperative</em> or <em>concerted</em> <em>activity</em> in <em>connection</em> with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof. \n( g ) Business arrangement."]},"sort":[25.05011,"8085633"]},{"_index":"complaint-public-v1","_id":"8084715","_score":25.05011,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, Transunion, XXXX, XXXX XXXX since inception of my credit profile since XXXX i was never given any opt out notice and instruction on how to opt out and it never was disclosed to me there was an option to do so. \nLaws violated to date but may be more to come upon further investigation. \nPer the FCRA as a Federally Protected Consumer I am now opting out of any and all authorization I the consumer may have given you written unwritten, verbal and nonverbal per 15USC 6802. \nXXXX. I am requesting that all hard inquiries be removed. \n\nXXXX. All charge offs and any reporting of payment history be reported as paid as agreed. \n\nXXXX. I am requesting compensation of {$1000.00} per violation concerning all inquiries, charge offs, and sharing of my non-public personal information with third parties & soliciting to third party affiliates. \n\nXXXX. I am requesting compensation for the emotional distress, financial damage, humiliation that occurred due to my credit being denied on multiple occasions which was not my fault but the said companies who were in violation of the stated Fair Credit Reporting Act of XXXX. \n\n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Protection of nonpublic personal information ( a ) 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. \nDefinition - nonpublic personal information ( XXXX ) 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 XXXX 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. \nXXXX XXXX XXXX XXXX XXXX XXXX XXXX - Obligations with respect to disclosures of personal information 15 U.S. Code 1681 - Congressional findings and statement of purpose ( a ) ACCURACY AND FAIRNESS OF CREDIT REPORTING. The Congress makes the following findings : ( XXXX ) The banking system is dependent upon fair and accurate credit reporting. \nInaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. \nXXXX ) CONDITIONS ON USE FOR ADVERSE ACTIONS ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report ; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\nPrivacy Act of 1974 *Fair Credit Reporting Act protects non-public personal information for consumers. \nXXXX XXXX - XXXX Definitions. \n( a ) Person. An individual, corporation, or any other business organization. \n( b ) Consumer. A natural person who seeks or acquires goods or services for personal, family, or household use. \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( 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( 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( 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( i ) Consumer credit contract. Any instrument which evidences or embodies a debt arising from a XXXX XXXX XXXX transaction or a financed sale as defined in paragraphs ( d ) and ( XXXX ) of this section. \n( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers. \n16 CFR 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 Privacy Act of XXXX PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. \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 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. \n[ XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ] ( XXXX ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. \n( XXXX ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. \n( 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 It is illegal for these Bureaus to report my transaction history. I am opting out of their reporting. \n\n\nXXXX, Transunion, XXXX. XXXX XXXX are all in violation of The Fair Credit Reporting Act of XXXX. \n\nPlease find listed below all said violations ; XXXX. Hard inquiries on my credit report XXXX. Selling my consumer credit information to third parties and solicitation of my credit information without giving me the opt out option. \nXXXX. Retaining charge offs on my credit report. \n\n\n15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) 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. \nDefinition - nonpublic personal information ( XXXX ) 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 XXXX 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. \nXXXX XXXX XXXX XXXX XXXX XXXX XXXX - Obligations with respect to disclosures of personal information 15 U.S. Code 1681 - Congressional findings and statement of purpose ( a ) ACCURACY AND FAIRNESS OF CREDIT REPORTING. The Congress makes the following findings : ( XXXX ) The banking system is dependent upon fair and accurate credit reporting. \nInaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. \nXXXX ) CONDITIONS ON USE FOR ADVERSE ACTIONS ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report ; and ( ii ) a description in writing of the rights of the consumer under this sub chapter, as prescribed by the XXXX under section XXXX ( c ) ( XXXX ) XXXX of this title Privacy Act of XXXX XXXX XXXX XXXX XXXX protects non-public personal information for consumers. \nXXXX XXXX - XXXX Definitions. \n( a ) Person. An individual, corporation, or any other business organization. \n( b ) Consumer. A natural person who seeks or acquires goods or services for personal, family, or household use. \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( 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. ( 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( 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( 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( i ) Consumer credit contract. Any instrument which evidences or embodies a debt arising from a XXXX XXXX XXXX transaction or a financed sale as defined in paragraphs ( d ) and ( XXXX ) of this section. \n( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers. \nXXXX XXXX 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 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 atNOTICE 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 Privacy Act of XXXX PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. \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 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. \n[ XXXX FR XXXX, XXXX XXXX, XXXX ; XXXX FR XXXX, XXXX XXXX, XXXX ] ( XXXX ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. \n( XXXX ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. \n( 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.","date_sent_to_company":"2023-12-31T13:45:28.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"21801","tags":null,"has_narrative":true,"complaint_id":"8084715","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2023-12-31T13:45:24.000Z","state":"MD","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Extending credit to a consumer in <em>connection</em> with a Credit <em>Sale</em> 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 <em>cooperative</em> or <em>concerted</em> <em>activity</em> in <em>connection</em> with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof. \n( g ) Business arrangement."]},"sort":[25.05011,"8084715"]},{"_index":"complaint-public-v1","_id":"14804787","_score":24.93256,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"Name : XXXX XXXX Address : XXXX XXXX XXXX XXXX, XXXX, SC XXXX Date of Adverse Action : XX/XX/2025 Application Date : XX/XX/2025 Application Number : XXXX Entity Involved : Bank of America, N.A I am filing this complaint against Bank of America N.A in connection with the processing of a covered business application for consideration using my personal Social Security Number, without honoring my expressed intention to apply in a business credit transaction, I submitted application documentation and supporting financials for a covered credit transaction. According to ECOA as a qualified small minority-owned business that applied for covered credit transaction, However, Bank of America wrongfully treated the application as a consumer request and issued an adverse action based on consumer credit factorsviolating my rights under federal law. ( FCRA ) Violations Cited : 1. Equal Credit Opportunity Act ( ECOA ), 15 U.S.C. 1691 Under ECOA and Regulation B ( 12 CFR 1002.2 ( e ) ), I was an applicant entitled to fair, non-discriminatory access to credit. I feel I was discriminated against because My application was improperly evaluated based solely on personal credit data, despite my clear intention to apply in a business capacity. Bank of America failed to meet the standard of providing a meaningful explanation under 12 CFR 1002.9 ( a ) ( 2 ) and gave a generic denial referencing delinquency and credit usage without validating my application type or giving proper notice of adverse action. The ECOA purpose is To enable communities, governmental entities, and creditors to identify business and community development needs and opportunities of women-owned, minority-owned, and small businesses, and prohibits creditor practices that discriminate on the basis of any of these factors. The regulation also requires creditors to notify applicants of action taken on their applications ; to report credit history in the names of both spouses on an account ; to retain records of credit applications ; to collect information about the applicant 's race and other personal characteristics in applications for certain dwelling-related loans ; and to provide applicants with copies of appraisal reports used in connection with credit transactions. 2. Truth in Lending Act ( TILA ), 15 U.S.C. 1601. I was not given disclosures required under TILA before my SSN and credit report were used. This includes the Annual Percentage Rate ( APR ), total finance charges, and other key terms required under 12 CFR 1026.17 and 1026.18. This violates my right to informed consent in a credit transaction and denies transparency. 3. FTC Holder Rule ( 16 CFR 433 ) My application and supporting documents represent a contract offer, supported by consideration. Bank of America denial and failure to honor my offer violates the FTC Holder in Due Course Rule, which binds all finance companies to any claims or defenses a consumer could assert against the seller. This Rule also defines : ( b ) Consumer. A natural person who seeks or acquires goods or service for Personal, family, or household use. ( 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. ( 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. ( 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. ( 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 ( e ) of this section. Bank of America accepted my SSN and credit application, transmitted XXXX federal reserve XXXX and failed to disclose or release my considerationpotentially holding my personal credit data XXXX.","date_sent_to_company":"2025-07-22T17:59:24.000Z","issue":"Getting a loan or lease","sub_product":"Loan","zip_code":"297XX","tags":null,"has_narrative":true,"complaint_id":"14804787","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"BANK OF AMERICA, NATIONAL ASSOCIATION","date_received":"2025-07-22T17:34:35.000Z","state":"SC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Credit denial"},"highlight":{"complaint_what_happened":["Any oral or written agreement, formal or informal, between a creditor and a seller, which contemplates or provides for <em>cooperative</em> or <em>concerted</em> <em>activity</em> in <em>connection</em> with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof. ( i ) Consumer credit contract. Any instrument which evidences or embodies a debt arising from a Purchase Money Loan transaction or a financed <em>sale</em> as defined in paragraphs ( d ) and ( e ) of this section."]},"sort":[24.93256,"14804787"]},{"_index":"complaint-public-v1","_id":"7599857","_score":24.814508,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"ORIGINAL CONTRACT WAS SIGNED BY CONSUMER AND TERMS WERE SAID TO BEMONTHLY PAYMENT OF {$680.00} FOR 75 MONTHS. CONTRACT WAS SIGNED XXXX, FIRST PAYMENT IN THE AMOUNT OF {$680.00} WAS DUE BY XX/XX/2022.SOMEWHERE IN BETWEEN THE SIGNING OF CONTRACT AND TRANSFER OF CONTRACTTO XXXX XXXX TERMS OF CONTRACT WERE ALTERED AND MONTHLY PAYMENT AMOUNTWAS CHANGED TO {$680.00} AT 76 MONTHS. CONSUMER DID NOT AUTHORIZE NORCONSENT TO THIS CHANGE IN CONTRACT TERMS. THE ACCOUNT HISTORY STATEMENTTHAT XXXX XXXX XXXX HOLDS ON FILE SHOWS CONSUMER BEING CHARGEDMONTHLY PAYMENT OF {$680.00}. CONSUMER ALSO HAS COPIES OF MONTHLY BILLINGSTATEMENT THAT SHOWS XXXX XXXX XXXX WAS CHARGING {$680.00}, WHICH IS AN AMOUNT AND TERM NOT AGREED BY OR DISCLOSED TO CONSUMER. XXXX XXXX KNOWINGLY CHARGED THE INCORRECT AMOUNT AFTER RECEIVINGORIGINAL CONTRACT. NOT ONLY IS THIS A BILLING ERROR BUT XXXX XXXX XXXX HASBEEN REPORTING THE WRONG CONTRACT TERMS, PAYMENT AMOUNT AND ACCOUNTBALANCE TO THE CREDIT BUREAUS. ALL OF THIS CONSTITUES AS FRAUD. ACCORDINGTO THE TRUTH IN LENDING ACT, CONSUMER IS ACTUALLY ENTITLED TOCOMPENSATION IF SHE HAS TO FILE FOR ARBITRATION. NOT ONLY WERE THECONTRACT TERMS CHANGED, BUT THAT CAUSED A LIST OF OTHER VIOLATIONSINCLUDING FAILING TO DICLOSE THE TRUE APR AND OTHER PERTINENT ACCOUNTINFORMATION. CONSUMER CAN SUE FOR TWICE THE AMOUNT OF CONTRACT FOR THEFRAUD AND NEGLIGENCE. CONSUMER IS CANCELLING CONTRACT AND RESCINDINGSECURITY INTEREST AS ACCORDING TO THE CONTRACT THE DEBTOR ( XXXX XXXX ) CAN UPHOLD THEIR RIGHTS : ANY HOLDER OF THIS CONSUMERCREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTORCOULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANTHERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTORSHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. PLEASE REVIEW THECONTRACT, THE FRAUD ON THE ACCOUNT, AND 16 CFR Part 433 - PART XXXX OF CONSUMERS ' CLAIMS AND DEFENSES : 16 CFR 433.1 - Definitions.CFR Table of Popular Names prev | next 433.1 Definitions. ( a ) Person. An individual, corporation, or any other business organization. ( b ) Consumer. A natural person who seeksor acquires goods or services for personal, family, or household use. ( c ) Creditor. A personwho, in the ordinary course of business, lends purchase money or finances the sale of goodsor 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. ( d ) Purchase money loan. A cash advance which is received by a consumer in return for aFinance Charge within the meaning of the Truth in Lending Act and Regulation Z, which isapplied, 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. ( e ) Financing a sale. Extending credit to a consumer inconnection with a Credit Sale within the meaning of the Truth in Lending Act andRegulation Z. ( f ) Contract. Any oral or written agreement, formal or informal, between acreditor and a seller, which contemplates or provides for cooperative or concerted activity inconnection with the sale of goods or services to consumers or the financing thereof. ( 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 orservices to consumers or the financing thereof. ( h ) Credit card issuer. A person who extendsto cardholders the right to use a credit card in connection with purchases of goods orservices. ( i ) Consumer credit contract. Any instrument which evidences or embodies a debtarising from a Purchase Money Loan transaction or a financed sale as defined inparagraphs ( d ) and ( e ) of this section. ( j ) Seller. A person who, in the ordinary course ofbusiness, sells or leases goods or services to consumers. [ 40 FR 53506, Nov. 18, 1975 ] 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 ordeceptive act or practice within the meaning of section 5 of that Act for a seller, directly orindirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain thefollowing provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THISCONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THEDEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINEDPURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THEDEBTOR 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 purchasemoney loan ( as purchase money loan is defined herein ), unless any consumer creditcontract made in connection with such purchase money loan contains the followingprovision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMERCREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTORCOULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THEPROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEEDAMOUNTS PAID BY THE DEBTOR HEREUNDER. 433.3 Exemption of sellers taking orreceiving open end consumer credit contracts before XX/XX/XXXX from requirementsof 433.2 ( a ). ( a ) Any seller who has taken or received an open end consumer credit contractbefore 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 ora 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. [ 42 FR 19490, XXXX. XXXX, XXXX, as amended at XXXX XXXX XXXX, XXXX XXXX ]","date_sent_to_company":"2023-09-25T12:32:28.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"7599857","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-09-25T12:32:24.000Z","state":"GA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Extending credit to a consumer inconnection with a Credit <em>Sale</em> within the meaning of the Truth in Lending Act andRegulation Z. ( f ) Contract. Any oral or written agreement, formal or informal, between acreditor and a seller, which contemplates or provides for <em>cooperative</em> or <em>concerted</em> <em>activity</em> inconnection with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof. ( g ) Business arrangement."]},"sort":[24.814508,"7599857"]},{"_index":"complaint-public-v1","_id":"7599547","_score":24.807026,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"ORIGINAL CONTRACT WAS SIGNED BY CONSUMER AND TERMS WERE SAID TO BEMONTHLY PAYMENT OF {$680.00} FOR 75 MONTHS. CONTRACT WAS SIGNED XXXX, FIRST PAYMENT IN THE AMOUNT OF {$680.00} WAS DUE BY XXXX.SOMEWHERE IN BETWEEN THE SIGNING OF CONTRACT AND TRANSFER OF CONTRACTTO TD BANK TERMS OF CONTRACT WERE ALTERED AND MONTHLY PAYMENT AMOUNTWAS CHANGED TO {$680.00} AT 76 MONTHS. CONSUMER DID NOT AUTHORIZE NORCONSENT TO THIS CHANGE IN CONTRACT TERMS. THE ACCOUNT HISTORY STATEMENTTHAT TD AUTO FIANNCE HOLDS ON FILE SHOWS CONSUMER BEING CHARGEDMONTHLY PAYMENT OF {$680.00}. CONSUMER ALSO HAS COPIES OF MONTHLY BILLINGSTATEMENT THAT SHOWS TD AUTO FINANCE WAS CHARGING {$680.00}, WHICH IS AN AMOUNT AND TERM NOT AGREED BY OR DISCLOSED TO CONSUMER. TD AUTOFINANCE KNOWINGLY CHARGED THE INCORRECT AMOUNT AFTER RECEIVINGORIGINAL CONTRACT. NOT ONLY IS THIS A BILLING ERROR BUT TD AUTO FINANCE HASBEEN REPORTING THE WRONG CONTRACT TERMS, PAYMENT AMOUNT AND ACCOUNTBALANCE TO THE CREDIT BUREAUS. ALL OF THIS CONSTITUES AS FRAUD. ACCORDINGTO THE TRUTH IN LENDING ACT, CONSUMER IS ACTUALLY ENTITLED TOCOMPENSATION IF SHE HAS TO FILE FOR ARBITRATION. NOT ONLY WERE THECONTRACT TERMS CHANGED, BUT THAT CAUSED A LIST OF OTHER VIOLATIONSINCLUDING FAILING TO DICLOSE THE TRUE APR AND OTHER PERTINENT ACCOUNTINFORMATION. CONSUMER CAN SUE FOR TWICE THE AMOUNT OF CONTRACT FOR THEFRAUD AND NEGLIGENCE. CONSUMER IS CANCELLING CONTRACT AND RESCINDINGSECURITY INTEREST AS ACCORDING TO THE CONTRACT THE DEBTOR ( XXXX XXXX ) CAN UPHOLD THEIR RIGHTS : ANY HOLDER OF THIS CONSUMERCREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTORCOULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANTHERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTORSHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. PLEASE REVIEW THECONTRACT, THE FRAUD ON THE ACCOUNT, AND 16 CFR Part 433 - PART 433PRESERVATION OF CONSUMERS ' CLAIMS AND DEFENSES : 16 CFR 433.1 - Definitions.CFR Table of Popular Names prev | next 433.1 Definitions. ( a ) Person. An individual, corporation, or any other business organization. ( b ) Consumer. A natural person who seeksor acquires goods or services for personal, family, or household use. ( c ) Creditor. A personwho, in the ordinary course of business, lends purchase money or finances the sale of goodsor 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. ( d ) Purchase money loan. A cash advance which is received by a consumer in return for aFinance Charge within the meaning of the Truth in Lending Act and Regulation Z, which isapplied, 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. ( e ) Financing a sale. Extending credit to a consumer inconnection with a Credit Sale within the meaning of the Truth in Lending Act andRegulation Z. ( f ) Contract. Any oral or written agreement, formal or informal, between acreditor and a seller, which contemplates or provides for cooperative or concerted activity inconnection with the sale of goods or services to consumers or the financing thereof. ( 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 orservices to consumers or the financing thereof. ( h ) Credit card issuer. A person who extendsto cardholders the right to use a credit card in connection with purchases of goods orservices. ( i ) Consumer credit contract. Any instrument which evidences or embodies a debtarising from a Purchase Money Loan transaction or a financed sale as defined inparagraphs ( d ) and ( e ) of this section. ( j ) Seller. A person who, in the ordinary course ofbusiness, sells or leases goods or services to consumers. [ 40 FR 53506, Nov. 18, 1975 ] 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 ordeceptive act or practice within the meaning of section 5 of that Act for a seller, directly orindirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain thefollowing provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THISCONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THEDEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINEDPURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THEDEBTOR 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 purchasemoney loan ( as purchase money loan is defined herein ), unless any consumer creditcontract made in connection with such purchase money loan contains the followingprovision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMERCREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTORCOULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THEPROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEEDAMOUNTS PAID BY THE DEBTOR HEREUNDER. 433.3 Exemption of sellers taking orreceiving open end consumer credit contracts before November 1, 1977 from requirementsof 433.2 ( a ). ( a ) Any seller who has taken or received an open end consumer credit contractbefore 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 ora 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. [ 42 FR 19490, Apr. 14, 1977, as amended at 42 FR 46510, Sept. 16,1977 ]","date_sent_to_company":"2023-09-25T12:32:12.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"XXXXX","tags":null,"has_narrative":true,"complaint_id":"7599547","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TD BANK US HOLDING COMPANY","date_received":"2023-09-25T12:24:32.000Z","state":"GA","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Extending credit to a consumer inconnection with a Credit <em>Sale</em> within the meaning of the Truth in Lending Act andRegulation Z. ( f ) Contract. Any oral or written agreement, formal or informal, between acreditor and a seller, which contemplates or provides for <em>cooperative</em> or <em>concerted</em> <em>activity</em> inconnection with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof. ( g ) Business arrangement."]},"sort":[24.807026,"7599547"]},{"_index":"complaint-public-v1","_id":"8325254","_score":24.724068,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 16 CFR 313.12, 16 CFR 433.1, 16 CFR 433.2 , 16 CFR 433.3, 15 USC 1681 ( a ) ( 2 ) ( b ), 15 USC 1681 ( a ) ( 2 ) ( a ) ( i ), 15 USC 1681, 15 USC 1602, 15 USC 1681 ( b ) ( a ) ( 2 ), 15 USC 6802 ( Stop reporting my utilization score on any and all accounts reporting on my credit score ) Person. An individual, corporation, or any other business organization. ( b ) Consumer. A natural person who seeks or acquires goods or services for personal, family, or household use. ( 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. ( 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. ( 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. ( 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. ( 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. ( 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. ( 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 ( e ) of this section. ( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers. 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. 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. 313.12 Limits on sharing account number information for marketing purposes. ( a ) General prohibition on disclosure of account numbers. You must not, directly or through an affiliate, disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a consumer 's credit card account, deposit account, or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. ( b ) Exceptions. Paragraph ( a ) of this section does not apply if you disclose an account number or similar form of access number or access code : ( 1 ) To your agent or service provider solely in order to perform marketing for your own products or services, as long as the agent or service provider is not authorized to directly initiate charges to the account; or ( 2 ) To a participant in a private label credit card program or an affinity or similar program where the participants in the program are identified to the customer when the customer enters into the program. ( c ) Examples ( 1 ) Account number. An account number, or similar form of access number or access code, does not include a number or code in an encrypted form, as long as you do not provide the recipient with a means to decode the number or code. ( 2 ) Transaction account. A transaction account is an account other than a deposit account or a credit card account. A transaction account does not include an account to which third parties can not initiate charges.","date_sent_to_company":"2024-02-12T02:09:40.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"27610","tags":"Older American","has_narrative":true,"complaint_id":"8325254","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-02-12T02:09:37.000Z","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":["Extending credit to a consumer in <em>connection</em> with a Credit <em>Sale</em> within the meaning of the Truth in Lending Act and Regulation Z. ( f ) Contract. Any oral or written agreement, formal or informal, between a creditor and a seller, which contemplates or provides for <em>cooperative</em> or <em>concerted</em> <em>activity</em> in <em>connection</em> with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof. ( g ) Business arrangement."]},"sort":[24.724068,"8325254"]},{"_index":"complaint-public-v1","_id":"8324811","_score":24.724068,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 16 CFR 313.12, 16 CFR 433.1, 16 CFR 433.2 , 16 CFR 433.3, 15 USC 1681 ( a ) ( 2 ) ( b ), 15 USC 1681 ( a ) ( 2 ) ( a ) ( i ), 15 USC 1681, 15 USC 1602, 15 USC 1681 ( b ) ( a ) ( 2 ), 15 USC 6802 ( Stop reporting my utilization score on any and all accounts reporting on my credit score ) Person. An individual, corporation, or any other business organization. ( b ) Consumer. A natural person who seeks or acquires goods or services for personal, family, or household use. ( 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. ( 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. ( 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. ( 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. ( 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. ( 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. ( 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 ( e ) of this section. ( j ) Seller. A person who, in the ordinary course of business, sells or leases goods or services to consumers. 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. 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 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. 313.12 Limits on sharing account number information for marketing purposes. ( a ) General prohibition on disclosure of account numbers. You must not, directly or through an affiliate, disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a consumer 's credit card account, deposit account, or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. ( b ) Exceptions. Paragraph ( a ) of this section does not apply if you disclose an account number or similar form of access number or access code : ( 1 ) To your agent or service provider solely in order to perform marketing for your own products or services, as long as the agent or service provider is not authorized to directly initiate charges to the account; or ( 2 ) To a participant in a private label credit card program or an affinity or similar program where the participants in the program are identified to the customer when the customer enters into the program. ( c ) Examples ( 1 ) Account number. An account number, or similar form of access number or access code, does not include a number or code in an encrypted form, as long as you do not provide the recipient with a means to decode the number or code. ( 2 ) Transaction account. A transaction account is an account other than a deposit account or a credit card account. A transaction account does not include an account to which third parties can not initiate charges.","date_sent_to_company":"2024-02-12T02:09:40.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"27610","tags":"Older American","has_narrative":true,"complaint_id":"8324811","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-02-12T02:09:37.000Z","state":"NC","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Extending credit to a consumer in <em>connection</em> with a Credit <em>Sale</em> within the meaning of the Truth in Lending Act and Regulation Z. ( f ) Contract. Any oral or written agreement, formal or informal, between a creditor and a seller, which contemplates or provides for <em>cooperative</em> or <em>concerted</em> <em>activity</em> in <em>connection</em> with the <em>sale</em> of <em>goods</em> or services to consumers or the financing thereof. 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