{"took":240,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":7,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"2118679","_score":30.116053,"_source":{"product":"Credit card","complaint_what_happened":"I have received \" targeted offers '' from Chase for the \" XXXX Mileage Explorer Card '' for several years. I have applied 2-3 times in the past and been rejected for mediocre credit worthiness. Since I had received several new offers, which mentioned bonus XXXX miles, and did not have a card for XXXX yet ( and DO for the other XXXX legacy carriers that charge bag fees, XXXX and XXXX ), I applied for their card / offer. The offers I had received mentioned \" annual fee of {$95.00} waived first year '' as part of the marketing, and this was consistent with advertising that was seen in billboards and in print advertising. I applied for the card, and to my surprise, was approved. Several days later, I noticed they had immediately charged the {$95.00} annual fee to the account. I sent several email inquiries to Chase, and each one said the fee was justified, because my \" targeted offer '' did not include the annual fee waiver, despite what I had seen on my offer, as well as consistently in their advertising. One of the last emails I had received, when I escalated it, complaining of their fraudulent marketing, basically said that because I had applied online ( as one is apt to do these days ), the annual fee waiver was not honored in my case, and there is no way to change it at this point. They basically admitted they used deceptive marketing practices, refuse to honor their \" card benefit '' of \" first year annual fee waived '' and despite all my email attempts, will take no further action, basically saying I was penalized for applying online. They do not care that I have discussed filing complaints with the CFPB and my state 's attorney general, as they, as a big corporation, really do not care about consumers, and consumers ' rights.","date_sent_to_company":"2016-09-19T18:58:30.000Z","issue":"Advertising and marketing","sub_product":null,"zip_code":"02150","tags":null,"has_narrative":true,"complaint_id":"2118679","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2016-09-19T18:58:30.000Z","state":"MA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["They basically admitted they used <em>deceptive</em> <em>marketing</em> <em>practices</em>, <em>refuse</em> to <em>honor</em> their \" <em>card</em> <em>benefit</em> '' of \" first year annual fee waived '' and despite all my email attempts, will take no further action, basically saying I was penalized for applying online. They do not care that I have discussed filing complaints with the CFPB and my state 's attorney general, as they, as a big corporation, really do not care about consumers, and consumers ' rights."],"product":["Credit <em>card</em>"],"issue":["Advertising and <em>marketing</em>"]},"sort":[30.116053,"2118679"]},{"_index":"complaint-public-v1","_id":"19540666","_score":23.134817,"_source":{"product":"Credit card","complaint_what_happened":"Re : Deceptive Marketing and Interface Design ( \" Dark Patterns '' ) Regarding Chase Sapphire Reserve Hotel Benefit Complainant Context : I have been a Chase Sapphire Reserve cardholder for 8 years. I am also an attorney, and I state this to emphasize that I am a sophisticated consumer accustomed to analyzing complex terms. Despite my professional background and diligence, I was misled by Chases booking platform design, suggesting that this practice is intended to deceive the average consumer. \n\nThe Issue : In late 2025, Chase increased the annual fee for the XXXX XXXX card, justifying the hike with \" added benefits, '' specifically a {$250.00} statement credit for \" The Edit '' hotel bookings. \n\nDespite booking a two night stay at a qualifying hotel, the XXXX XXXX in XXXX, per the terms and conditions, I was denied this credit. Chases refusal to honor the benefit relies on a deceptive three-part architecture : XXXX. Ambiguous Definition of \" Prepaid Booking '' : Chases promotional language for this benefit explicitly states : \" Get up to {$250.00} in statement credits through XXXX for prepaid bookings made with The Edit. '' This language is materially ambiguous. To a reasonable consumer, \" prepaid '' simply distinguishes a booking paid in advance from XXXX paid at the hotel counter. It does not inherently distinguish between payment methods ( cash vs. points ). Since a points redemption is a full payment made in advance, it fits the plain-language definition of a \" prepaid booking. '' Chase relies on an undisclosed, narrower definition to deny the benefit. \n\n2. Exacerbation via Interface Design ( \" Dark Patterns '' ) : Closed Ecosystem : \" The Edit '' is a specific collection of hotels that can only be booked through Chase 's proprietary portal.\n\nPoints as Currency : Chase markets Ultimate Rewards points as a currency intrinsic to the Reserve account, effectively valuing them at 1.5 cents per point for travel.\n\nThe Trap : Because the portal, the hotel collection, and the currency ( points ) are all parts of the Reserve ecosystem, it is reasonable to conclude that any booking made within this system constitutes a booking made with your Chase Reserve.\n\n3. Failure to Warn : Within the Chase Travel portal \" Pay with Points '' is the default option, effectively steering customers into a non-qualifying transaction structure. Nowhere in the promotional material or the immediate checkout flow does Chase disclose that accepting the default payment method ( \" Pay with Points '' ) disqualifies the user from the advertised {$250.00} credit.\n\nI contacted Chase via phone, and explained the issue at hand, and they refused to help. I spoke with several supervisors in several different departments and none of them were able to provide a resolution to my issue. Some of the customer service reps even admitted that I was not the first person to have this issue and they have been receiving complaints regarding this benefit.","date_sent_to_company":"2026-02-16T22:48:43.000Z","issue":"Advertising and marketing, including promotional offers","sub_product":"General-purpose credit card or charge card","zip_code":"11217","tags":null,"has_narrative":true,"complaint_id":"19540666","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2026-02-16T22:32:06.000Z","state":"NY","company_public_response":null,"sub_issue":"Confusing or misleading advertising about the credit card"},"highlight":{"complaint_what_happened":["Re : <em>Deceptive</em> <em>Marketing</em> and Interface Design ( \" Dark Patterns '' ) Regarding Chase Sapphire Reserve Hotel <em>Benefit</em> Complainant Context : I have been a Chase Sapphire Reserve cardholder for 8 years. I am also an attorney, and I state this to emphasize that I am a sophisticated consumer accustomed to analyzing complex terms."],"product":["Credit <em>card</em>"],"issue":["Advertising and <em>marketing</em>, including promotional offers"],"sub_product":["General-purpose credit <em>card</em> or charge <em>card</em>"],"sub_issue":["Confusing or misleading advertising about the credit <em>card</em>"]},"sort":[23.134817,"19540666"]},{"_index":"complaint-public-v1","_id":"11921396","_score":23.080175,"_source":{"product":"Credit card","complaint_what_happened":"I applied and was approved for a Chase/XXXX  XXXX XXXXewards credit card on XX/XX/XXXX. I applied for the card because of the welcome offer of XXXX rewards points for meeting a minimum spend of {$3000.00} in the first three months of the account opening. I screenshotted this offer and will attach the image of the webpage I used to apply for the card that clearly states the offer and terms. I met the {$3000.00} minimum spend in XX/XX/XXXX ( within the 3 month window ) and called XXXX XXXX on XX/XX/XXXX to confirm when the welcome bonus points would be credited to my account. I was told during this call that the points would be added to my account once the statement where I met the minimum spend closes, which was XX/XX/XXXX for my account. I called XXXX XXXX again on XX/XX/XXXX to further confirm details of the welcome bonus, and the same information was reiterated and I was assured that the points would post to my account within a few days of my statement closing on XX/XX/XXXX. After my statement closed on XX/XX/XXXX I continued to check both my Chase and XXXX XXXX accounts for the welcome offer, but the points were never credited to my account. On XX/XX/XXXX, I called the Chase/XXXX  card support number to ask for the status of the welcome offer since I satisfied the offer terms, but I was told that I will not be receiving the XXXX point offer because I was not eligible for that welcome offer and was instead approved for a different welcome offer. I stated that the entire reason I applied for the card was the XXXX welcome offer and that I never agreed to/approved of any other offer and was never informed of any other offer or any changes regarding welcome offers. I was then transferred to a supervisor who I explained the situation to. The supervisor also stated that my account reflected a different welcome offer, but that he was able to find the XXXX reward point welcome offer I was calling about that was offered to applicants who opened a card during a promotional period ending on XX/XX/XXXX. Because I opened the account during the promotional period and I have documentation of the webpage that advertised the promotion and contained the link I used to apply for the card, the supervisor stated that he would escalate the issue and submitted a request to apply the XXXX welcome offer to my account. I believe he said that the request was sent to the marketing team, and that they would review and get back to me. On XX/XX/XXXX, I called Chase again after not receiving any updates and was told by the representative that the marketing team had received the request and that a letter had been mailed to me with an update. I asked for details of the update because I would like to know the status of the claim, and he was unable to provide any information so I was again transferred to a supervisor. This supervisor then told me that they are unable to honor the XXXX welcome offer because I was approved for a different welcome offer ( the welcome offer they are saying I was approved for is significantly less in value ). I reiterated that I did not apply for a different welcome offer, that the XXXX welcome offer and terms were very clear when I applied, and that I used the link labelled \" click here to apply '' on the webpage very clearly titled \" You're invited to apply for the XXXX XXXX XXXX XXXX Credit Card. Earn XXXX bonus points, worth up to 3 round trips in continental US ''. He stated that there was nothing else that he can do, and that if I wish to escalate the issue further I would need to send a physical letter in the mail to their executive offices in Ohio because as an Account Supervisor he is the highest level agent that I can speak to regarding this issue. I informed him that I would like to speak with someone there and requested a phone number or email, but was told that their executive offices do not have a phone number or email. Just to clarify, I asked explicitly \" Are you telling me that your 'executive offices ' do not have a single phone or email that I can contact '' and I was told that is correct and the only way to escalate the issue again or contact anyone at the 'executive offices ' is to send a physical letter in the mail.\n\nIn summary, Chase refuses to honor the welcome bonus that I was offered and satisfied the requirements of, despite it being clearly outlined on the webpage I used to apply for the credit card. They are instead stating that I am only eligible for a different welcome offer that has significantly less value, and refuse to provide contact information for anyone else that can help me with this matter aside from an address that they claim is their 'executive office. ' XXXX XXXX also stated in a call on XX/XX/XXXX that they are unable to assist because Chase bank is the entity that credits the rewards points to the account. By not honoring the welcome offer that I made absolutely sure I was applying for, chase bank is fraudulently withholding benefits that I am entitled to having satisfied the offer terms in the specified time frame. If there was a glitch or system error that associated my application/account with a different welcome offer, Chase bank should be responsible for rectifying the issue considering I have photo evidence of the webpage making the offer and clearly stating to follow the link provided below to apply. However, they are refusing to take any corrective action. If there was not a system error/glitch and they changed the offer terms without my knowledge or approval, Chase bank is engaging in deceptive marketing practices and false advertisement, and is misleading consumers to open credit card accounts under false pretenses. Because of this, my credit profile/credit score have been impacted by opening a new line of credit and I am obligated to pay Chase bank a {$70.00} annual fee for the credit card unless I choose to close the account ( an action which will negatively impact my credit ). The deceptive tactics employed by Chase bank and false claims used to persuade me to apply for this card have caused undue financial and credit-related harm, and I am seeking a resolution in which Chase honors the original XXXX point welcome offer as advertised. If Chase is unwilling to correct this issue, I request that the CFPB investigate their misleading marketing practices and take appropriate action to prevent other consumers from suffering the repercussions of similar deceptive tactics","date_sent_to_company":"2025-02-05T02:13:07.000Z","issue":"Advertising and marketing, including promotional offers","sub_product":"General-purpose credit card or charge card","zip_code":"78702","tags":null,"has_narrative":true,"complaint_id":"11921396","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2025-02-05T00:26:34.000Z","state":"TX","company_public_response":null,"sub_issue":"Didn't receive advertised or promotional terms"},"highlight":{"complaint_what_happened":["However, they are <em>refusing</em> to take any corrective action. If there was not a system error/glitch and they changed the offer terms without my knowledge or approval, Chase bank is engaging in <em>deceptive</em> <em>marketing</em> <em>practices</em> and false advertisement, and is misleading consumers to open credit <em>card</em> accounts under false pretenses."],"product":["Credit <em>card</em>"],"issue":["Advertising and <em>marketing</em>, including promotional offers"],"sub_product":["General-purpose credit <em>card</em> or charge <em>card</em>"]},"sort":[23.080175,"11921396"]},{"_index":"complaint-public-v1","_id":"23225781","_score":16.543905,"_source":{"product":"Credit card","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX Via Fax : XXXX XXXX XXXX XXXX Cardmember Dispute Resolution Department RE : FORMAL CHARGEBACK DISPUTE, BREACH OF CONTRACT COMPLAINT, MISREPRESENTATION CLAIM, AND REQUEST FOR REVERSAL OF CHARGE Dispute Claim No. : XXXX XXXX XXXX  Card Ending : XXXX Transaction Date : XX/XX/year> Amount in Dispute : {$6000.00} Merchant : XXXX XXXX Algorithmic TO WHOM IT MAY CONCERN : I respectfully submit this formal dispute regarding the above-referenced transaction processed by XXXX XXXX Algorithmic and charged to my XXXX XXXX XXXX credit card account ending in XXXX. I respectfully request that XXXX XXXX XXXX conduct a complete reinvestigation of this transaction and reverse the disputed charge based upon breach of contract, failure to provide services as represented, material misrepresentations, failure to honor advertised refund guarantees, and violations of applicable federal consumer protection laws.\n\nFACTUAL BACKGROUND On or about XX/XX/year>, I purchased XXXX XXXX Algorithmic 's algorithmic trading software and related automated trading services after representations that the company would provide a professionally managed and supported algorithmic trading solution capable of delivering the functionality, performance, support, transparency, and operational oversight represented during the sales process.\n\nPrior to purchasing the software, I relied upon representations made by the merchant regarding the effectiveness of the algorithmic trading system, software functionality, technical support, account management assistance, monitoring capabilities, risk management procedures, and the availability of customer service and refund protections. These representations were material factors influencing my decision to complete the purchase.\n\nFollowing implementation and use of the software and related services, substantial concerns developed regarding performance, transparency, functionality, support, and the overall operation of the product.\n\nFAILURE OF SOFTWARE FUNCTIONALITY AND SERVICES After purchase, I experienced significant deficiencies involving the operation of the software and related services. Critical functionality did not perform as represented during the sales process.\n\nInformation necessary to independently verify trading activity, monitor performance, evaluate risk controls, and assess system operation was either unavailable, unreliable, incomplete, or inconsistent.\n\nAdditionally, communications with the merchant failed to adequately resolve these issues despite repeated attempts to obtain clarification, technical support, corrective action, and a satisfactory resolution.\n\nThe software and services delivered materially differed from what was represented before purchase.\n\nBREACH OF CONTRACT XXXX XXXX Algorithmic represented that purchasers would receive a professionally supported algorithmic trading solution together with operational support, monitoring capabilities, technical assistance, software functionality, and other material benefits described during the sales process.\n\nAfter notifying the merchant regarding the deficiencies described herein and requesting assistance and relief, the merchant failed and/or refused to adequately cure the deficiencies or provide the benefits and protections represented prior to purchase.\n\nSuch conduct constitutes a material breach of contract and a failure to perform the obligations that induced the transaction.\n\nGOODS AND SERVICES NOT AS DESCRIBED The software and services provided materially differed from what was represented because : Critical software functions failed to perform as represented ; Transparency regarding trading activity and system operations was inadequate ; Performance monitoring capabilities were unreliable or unavailable ; Technical support and operational assistance were insufficient ; Material representations regarding functionality and oversight were not fulfilled ; The overall product delivered did not conform to the advertised services and representations relied upon at the time of purchase.\n\nAccordingly, the transaction qualifies as goods and services not received as described.\n\nMISREPRESENTATION AND DECEPTIVE BUSINESS PRACTICES The facts described above raise substantial concerns that material representations regarding software functionality, algorithmic performance, account management, customer support, transparency, risk controls, operational oversight, and refund protections were inaccurate, misleading, or incomplete.\n\nConsumers are entitled to rely upon representations made during the sales process. Where a merchant markets a sophisticated algorithmic trading solution but fails to provide the represented functionality, support, and contractual protections, such conduct may constitute material misrepresentation and deceptive business practices.\n\nAPPLICABLE CONSUMER PROTECTION AUTHORITIES I respectfully request that XXXX XXXX XXXX review this dispute consistent with applicable federal consumer protection laws, including : Fair Credit Billing Act ( 15 U.S.C. 1666 et seq. ) Providing consumers the right to dispute billing errors and charges involving goods or services not delivered as agreed, materially deficient, or materially misrepresented.\n\nTruth in Lending Act ( 15 U.S.C. 1601 et seq. ) and Regulation Z Providing protections for credit card holders who receive defective, nonconforming, or misrepresented goods and services.\n\nFederal Trade Commission Act ( 15 U.S.C. 45 ) Prohibiting unfair or deceptive acts or practices in commerce, including materially misleading representations concerning products, services, guarantees, and performance claims.\n\nConsumer Financial Protection Bureau ( CFPB ) Consumer Billing Protections Requiring fair investigation of disputed transactions and protection of consumers from improper billing practices.\n\nREQUEST FOR RELIEF Accordingly, I respectfully request that XXXX XXXX XXXX : 1. Reopen and thoroughly investigate Claim No. XXXX ; 2. Review all sales materials, merchant correspondence, software records, support communications, refund requests, account records, screenshots, and supporting evidence ; 3. Determine that the disputed transaction constitutes goods and services not as described, breach of contract, and material misrepresentation ; 4. Reverse the disputed charge of {$6000.00} ; 5. Preserve all rights afforded under the Fair Credit Billing Act, Truth in Lending Act, Regulation Z, applicable card-network dispute procedures, and other federal consumer protection laws ; and 6. Provide written confirmation of the results of the investigation.\n\nDECLARATION I declare under penalty of perjury under the laws of the United States and the State of California that the statements contained herein are true and correct to the best of my knowledge and based upon documentation, communications, records, and information presently available to me.\n\nRespectfully submitted, XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX XXXX XXXX ENCLOSURES XXXX XXXX Services Dispute Documentation Merchant Communications Refund Requests Purchase Records and Receipts Software Screenshots Account Records Support Correspondence Marketing Materials and Representations Additional Supporting Evidence Relevant to the Dispute Total Amount Requested for Reversal : {$6000.00}.","date_sent_to_company":"2026-06-15T19:22:19.000Z","issue":"Problem with a purchase shown on your statement","sub_product":"General-purpose credit card or charge card","zip_code":"93550","tags":null,"has_narrative":true,"complaint_id":"23225781","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"U.S. BANCORP","date_received":"2026-06-15T19:05:51.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Credit card company isn't resolving a dispute about a purchase on your statement"},"highlight":{"complaint_what_happened":["Truth in Lending Act ( 15 U.S.C. 1601 et seq. ) and Regulation Z Providing protections for credit <em>card</em> holders who receive defective, nonconforming, or misrepresented goods and services.\n\nFederal Trade Commission Act ( 15 U.S.C. 45 ) Prohibiting unfair or <em>deceptive</em> acts or <em>practices</em> in commerce, including materially misleading representations concerning products, services, guarantees, and performance claims."],"product":["Credit <em>card</em>"],"sub_product":["General-purpose credit <em>card</em> or charge <em>card</em>"],"sub_issue":["Credit <em>card</em> company isn't resolving a dispute about a purchase on your statement"]},"sort":[16.543905,"23225781"]},{"_index":"complaint-public-v1","_id":"9801392","_score":8.498978,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"On the XXXX day of XX/XX/XXXX CREDIT INTERNATIONAL CORP reported a collection of {$7700.00} with an account number as XXXX on my XXXX credit report without my knowledge, consent, or authorization. \n\nSince then CREDIT INTERNATIONAL CORP has been increasing a balance on an account that has already been charged off, closed and they have already received the tax benefit.\n\n15 U.S. Code 1692c ( c ) : ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except ( 1 ) to advise the consumer that the debt collectors further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. \n\nXXXX has allowed CREDIT INTERNATIONAL CORP to report the same inaccurate information on my credit report under an entirely different name COMPUTER CHECK VERIFICAT XXXX is also reporting a collection that is listed as CREDIT COLLECTION SERVIC which is inaccurate and has already been deleted from my XXXX credit report. \n\nXXXX has a history of allowing inaccurate items to be reported on my credit report that are not verified with a proper investigation. \n\nIn XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX, XXXX ( XXXX XXXX XXXX ), the court held that failure to properly investigate and correct disputed information can result in liability for both the furnisher and the credit reporting agency. This principle applies here, as the continued reporting of inaccurate information has caused undue harm to my creditworthiness.\n\n12 C.F.R. 1016.7 states that, A consumer may exercise the right to opt out at any time.\n\nI am hereby exercising my right to opt out of any adverse items, collection accounts, credit usage amounts, phone numbers and any other derogatory items or remarks made by any party on to my reports under any circumstances. This serves as lawful notice.\n\n15 U.S. Code 1681c ( a ) ( 5 ) states Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' Under 5 of the FTC Act, the Commission expects that each financial institution will have in place at least the administrative or other safeguards necessary to honor any opt-out requests made by consumers under the Privacy Rule.\n\n12 C.F.R. 1022.42 Reasonable policies and procedures concerning the accuracy and integrity of furnished information. ( a ) Policies and procedures. Each furnisher must establish and implement reasonable written policies and procedures regarding the accuracy and integrity of the information relating to consumers that it furnishes to a consumer reporting agency. The policies and procedures must be appropriate to the nature, size, complexity, and scope of each furnisher 's activities.\n\n( b ) Guidelines. Each furnisher must consider the guidelines in appendix E of this part in developing its policies and procedures required by this section, and incorporate those guidelines that are appropriate.\n\n( c ) Reviewing and updating policies and procedures. Each furnisher must review its policies and procedures required by this section periodically and update them as necessary to ensure their continued effectiveness.\n\n12 C.F.R. 1026.10 Payments. ( a ) General rule. A creditor shall credit a payment to the consumer 's account as of the date of receipt, except when a delay in crediting does not result in a finance or other charge or except as provided in paragraph ( b ) of this section.\n\n( b ) Specific requirements for payments ( 1 ) General rule. A creditor may specify reasonable requirements for payments that enable most consumers to make conforming payments.\n\n( 2 ) Examples of reasonable requirements for payments. Reasonable requirements for making payment may include : ( i ) Requiring that payments be accompanied by the account number or payment stub ; ( ii ) Setting reasonable cut-off times for payments to be received by mail, by electronic means, by telephone, and in person ( except as provided in paragraph ( b ) ( 3 ) of this section ), provided that such cut-off times shall be no earlier than 5 p.m. on the payment due date at the location specified by the creditor for the receipt of such payments ; ( iii ) Specifying that only checks or money orders should be sent by mail ; ( iv ) Specifying that payment is to be made in U.S. dollars; or ( v ) Specifying one particular address for receiving payments, such as a post office box.\n\n( 3 ) In-person payments on credit card accounts ( i ) General. Notwithstanding 1026.10 ( b ), payments on a credit card account under an open-end ( not home-secured ) consumer credit plan made in person at a branch or office of a card issuer that is a financial institution prior to the close of business of that branch or office shall be considered received on the date on which the consumer makes the payment. A card issuer that is a financial institution shall not impose a cut-off time earlier than the close of business for any such payments made in person at any branch or office of the card issuer at which such payments are accepted. Notwithstanding 1026.10 ( b ) ( 2 ) ( ii ), a card issuer may impose a cut-off time earlier than 5 p.m. for such payments, if the close of business of the branch or office is earlier than 5 p.m. ( ii ) Financial institution. For purposes of paragraph ( b ) ( 3 ) of this section, financial institution shall mean a bank, savings association, or credit union.\n\n( 4 ) Nonconforming payments ( i ) In general. Except as provided in paragraph ( b ) ( 4 ) ( ii ) of this section, if a creditor specifies, on or with the periodic statement, requirements for the consumer to follow in making payments as permitted under this 1026.10, but accepts a payment that does not conform to the requirements, the creditor shall credit the payment within five days of receipt.\n\n( ii ) Payment methods promoted by creditor. If a creditor promotes a method for making payments, such payments shall be considered conforming payments in accordance with this paragraph ( b ) and shall be credited to the consumer 's account as of the date of receipt, except when a delay in crediting does not result in a finance or other charge.\n\n( c ) Adjustment of account. If a creditor fails to credit a payment, as required by paragraphs ( a ) or ( b ) of this section, in time to avoid the imposition of finance or other charges, the creditor shall adjust the consumer 's account so that the charges imposed are credited to the consumer 's account during the next billing cycle.\n\n( d ) Crediting of payments when creditor does not receive or accept payments on due date ( 1 ) General. Except as provided in paragraph ( d ) ( 2 ) of this section, if a creditor does not receive or accept payments by mail on the due date for payments, the creditor may generally not treat a payment received the next business day as late for any purpose. For purposes of this paragraph ( d ), the next business day means the next day on which the creditor accepts or receives payments by mail.\n\n( 2 ) Payments accepted or received other than by mail. If a creditor accepts or receives payments made on the due date by a method other than mail, such as electronic or telephone payments, the creditor is not required to treat a payment made by that method on the next business day as timely, even if it does not accept mailed payments on the due date.\n\n( e ) Limitations on fees related to method of payment. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, a creditor may not impose a separate fee to allow consumers to make a payment by any method, such as mail, electronic, or telephone payments, unless such payment method involves an expedited service by a customer service representative of the creditor. For purposes of paragraph ( e ) of this section, the term creditor includes a third party that collects, receives, or processes payments on behalf of a creditor.\n\n( f ) Changes by card issuer. If a card issuer makes a material change in the address for receiving payments or procedures for handling payments, and such change causes a material delay in the crediting of a payment to the consumer 's account during the 60-day period following the date on which such change took effect, the card issuer may not impose any late fee or finance charge for a late payment on the credit card account during the 60-day period following the date on which the change took effect.\n\nThe Privacy Act of 1974, also known as 5 U.S. Code 552a, is a United States federal law that establishes a Code of Fair Information Practice. This code governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals. Federal agencies maintain this information in systems of records. A system of records refers to a group of records controlled by an agency, from which information can be retrieved either by the individuals name or by an assigned identifier. Here are some key points about the Privacy Act : ( 1 ) Purpose : The Privacy Act aims to protect individuals privacy rights by regulating how federal agencies handle their personal information.\n\n( 2 ) Notice : Agencies must provide public notice of their systems of records through publication in the Federal Register.\n\n( 3 ) Consent : Disclosure of an individuals record from a system of records is generally prohibited without the written consent of the individual. However, there are statutory exceptions that allow for disclosure.\n\n( 4 ) Access and Amendment : Individuals have the right to seek access to and amendment of their records.\n\n( 5 ) Record-Keeping Requirements : The Act sets forth various requirements for agencies regarding record-keeping.\n\n15 U.S. Code 1681 : ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.\n\n( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.\n\n( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.\n\n( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.\n\n( b ) Reasonable procedures It is the purpose of this sub-chapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this sub-chapter.\n\n( Pub. L. 90321, title VI, 602, as added Pub. L. 91508, title VI, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX. ) XXXX XXXX XXXX XXXX Definitions ; rules of construction ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this sub-chapter. \n( c ) The term consumer means an individual.\n\n( d ) Consumer Report.\n\n( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.\n\n( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s-3 of this title, any ( I ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among person related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among person related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such person and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such person ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title, or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] 15 U.S. Code 1825 ( 2 ) ( b ) : ( B ) Any person who knowingly makes, or causes to be made, a false entry or statement in any report required under this chapter ; who knowingly makes, or causes to be made, any false entry in any account, record, or memorandum required to be established and maintained by any person or in any notification or other information required to be submitted to the Secretary under section 1823 of this title ; who knowingly neglects or fails to make or cause to be made, full, true, and correct entries in such accounts, records, memorandum, notification, or other materials ; who knowingly removes any such documentary evidence out of the jurisdiction of the United States ; who knowingly mutilates, alters, or by any other means falsifies any such documentary evidence ; or who knowingly refuses to submit any such documentary evidence to the Secretary for inspection and copying shall be guilty of an offense against the United States, and upon conviction thereof shall be fined not more than {$5000.00}, or imprisoned for not more than three years, or both.\n\nUnder 807 of the Fair Debt Collection Practices Act False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.\n\n( 2 ) The false representation of -- ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.\n\n( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.\n\n( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.\n\n( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.\n\n( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter.\n\n( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.\n\n( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.\n\n( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.\n\n( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.\n\n( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.\n\n( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value.\n\n( 13 ) The false representation or implication that documents are legal process.\n\n( 14 ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization.\n\n( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer.\n\n( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title.\n\nUnder 812 of the Fair Debt Collection Practices Act Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.\n\n( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this sub-chapter.\n\n15 U.S. Code 6801 : ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.\n\n( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. \n( Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, title X, XXXX ( XXXX ), XX/XX/XXXX, XXXX XXXX. XXXX. ) XXXX XXXX XXXX XXXX : ( a ) Notice requirements Except as otherwise provided in this sub-chapter, a financial institution may not, directly or through any affiliate, disclose to a non-affiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.\n\n( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a non-affiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\n( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a non-affiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information.\n\n( c ) Limits on reuse of information Except as otherwise provided in this sub-chapter, a non-affiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a non-affiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.\n\n( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any non-affiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S. Code 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to sub-chapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S. Code 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( XXXX ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ XXXX XXXX Code XXXX et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( XXXX ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( XXXX ) to comply with XXXX, XXXX, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by XXXX, XXXX, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law. \n( Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, title X, XXXX ( XXXX ), XX/XX/XXXX, XXXX XXXX. XXXX. ) XXXX XXXX XXXX XXXX : ( a ) XXXX required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and non-affiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers.\n\n( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title.\n\n( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to non-affiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title.\n\n( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer.\n\n( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section.\n\n( 3 ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the District of Columbia, XXXX XXXX, XXXX, XXXX XXXX, the Trust Territory of the XXXX XXXX, the XXXX XXXX, or the XXXX XXXX XXXX. \n( XXXX ) Model forms ( XXXX ) In general The agencies referred to in section XXXX ( a ) ( XXXX ) of this title shall jointly develop a model form which XXXX be used, at the option of the financial institution, for the provision of disclosures under this section. \n( XXXX ) Format A model form developed under paragraph ( XXXX ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font. \n( XXXX ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX. \n( XXXX ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. \n( f ) Exception to annual notice requirement A financial institution that ( XXXX ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( XXXX ) or ( XXXX ) of section XXXX of this title or regulations prescribed under section XXXX ( b ) of this title, and ( XXXX ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( XXXX ) or ( XXXX ). \n( 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 ) See attachments for full complaint, and relating documentation.","date_sent_to_company":"2024-08-14T19:02:02.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"30043","tags":null,"has_narrative":true,"complaint_id":"9801392","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Credit International Corporation","date_received":"2024-08-14T18:17:09.000Z","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":["Under 807 of the Fair Debt Collection <em>Practices</em> Act False or misleading representations A debt collector may not use any false, <em>deceptive</em>, or misleading representation or means in connection with the collection of any debt."]},"sort":[8.498978,"9801392"]},{"_index":"complaint-public-v1","_id":"9801302","_score":8.45784,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"On the XXXX day of XX/XX/XXXX XXXX XXXX XXXX reported a collection of {$7700.00} with an account number as XXXX on my XXXX credit report without my knowledge, consent, or authorization. \n\nSince then XXXX XXXX XXXX has been increasing a balance on an account that has already been charged off, closed and they have already received the tax benefit. \n\nXXXX XXXX XXXX XXXX ( c ) : ( c ) Ceasing communication If a consumer notifies a debt XXXX in writing that the consumer refuses to pay a debt or that the consumer wishes the debt XXXX to cease further communication with the consumer, the debt XXXX shall not communicate further with the consumer with respect to such debt, except ( XXXX ) to advise the consumer that the debt XXXX further efforts are being XXXX ; ( XXXX ) to notify the consumer that the debt XXXX or XXXX may invoke specified remedies which are ordinarily invoked by such debt XXXX or XXXX; or ( XXXX ) where applicable, to notify the consumer that the debt XXXX or XXXX intends to invoke a specified remedy. \n\nTransunion has allowed XXXX XXXX XXXX to report the same inaccurate information on my XXXX XXXX  under an entirely different name COMPUTER CHECK VERIFICAT Transunion is also reporting a collection that is listed as CREDIT COLLECTION SERVIC which is inaccurate and has already been deleted from my XXXX credit report. \n\nXXXX has a history of allowing inaccurate items to be reported on my XXXX XXXX  that are not verified with a proper investigation. \n\nIn XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX XXXX, XXXX ( XXXX XXXX XXXX ), the court held that failure to properly investigate and correct disputed information can result in liability for both the furnisher and the credit reporting agency. This principle applies here, as the continued reporting of inaccurate information has caused XXXX XXXX to my creditworthiness. \n\nXXXX XXXX. XXXX states that, A consumer may exercise the right to opt out at any time. \n\nI am hereby exercising my right to opt out of any adverse items, collection accounts, credit usage amounts, phone numbers and any other derogatory items or remarks made by any party on to my XXXX under any circumstances. This serves as lawful notice. \n\nXXXX XXXX XXXX XXXX ( a ) ( XXXX ) states Except as authorized under subsection ( b ), no consumer reporting agency XXXX make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than XXXX years. '' Under XXXX of the FTC XXXX, the XXXX expects that each financial institution will have in place at least the administrative or other safeguards necessary to honor any opt-out requests made by consumers under the Privacy Rule. \n\nXXXX XXXX. XXXX Reasonable policies and procedures concerning the accuracy and integrity of furnished information. ( a ) Policies and procedures. Each furnisher must establish and implement reasonable written policies and procedures regarding the accuracy and integrity of the information relating to consumers that it furnishes to a consumer reporting agency. The policies and procedures must be appropriate to the nature, size, complexity, and scope of each furnisher 's activities. \n( b ) XXXX. Each furnisher must consider the guidelines in appendix XXXX of this part in developing its policies and procedures required by this section, and incorporate those guidelines that are appropriate. \n( c ) Reviewing and updating policies and procedures. Each furnisher must review its policies and procedures required by this section periodically and update them as necessary to ensure their continued effectiveness. \n\nXXXX XXXX. XXXX Payments. ( a ) General rule. A creditor shall credit a payment to the consumer 's account as of the date of receipt, except when a delay in crediting does not result in a finance or other charge or except as provided in paragraph ( b ) of this section. \n( b ) Specific requirements for payments ( XXXX ) General rule. A creditor XXXX specify reasonable requirements for payments that enable most consumers to make conforming payments. \n( XXXX ) Examples of reasonable requirements for payments. Reasonable requirements for making payment XXXX include : ( i ) Requiring that payments be accompanied by the account number or payment stub ; ( ii ) Setting reasonable cut-off times for payments to be received by mail, by electronic means, by telephone, and in person ( except as provided in paragraph ( b ) ( XXXX ) of this section ), provided that such cut-off times shall be no earlier than XXXX p.m. on the payment due date at the location specified by the creditor for the receipt of such payments ; ( iii ) Specifying that only checks or money orders should be sent by mail ; ( iv ) Specifying that payment is to be made in XXXX dollars; or XXXX v ) Specifying XXXX particular address for receiving payments, such as a post office box. \n( XXXX ) In-person payments on credit card accounts ( i ) XXXX. Notwithstanding XXXX ( b ), payments on a credit card account under an open-end ( not home-secured ) consumer credit plan made in person at a branch or office of a card issuer that is a financial institution prior to the close of business of that branch or office shall be considered received on the date on which the consumer makes the payment. A card issuer that is a financial institution shall not impose a cut-off time earlier than the close of business for any such payments made in person at any branch or office of the card issuer at which such payments are accepted. Notwithstanding XXXX ( b ) ( XXXX ) ( ii ), a card issuer XXXX impose a cut-off time earlier than XXXX p.m. for such payments, if the close of business of the branch or office is earlier than XXXX p.m. ( ii ) Financial institution. For purposes of paragraph ( b ) ( XXXX ) of this section, financial institution shall mean a bank, XXXX XXXX, or XXXX XXXX. \n( XXXX ) Nonconforming payments ( i ) In general. Except as provided in paragraph ( b ) ( XXXX ) ( ii ) of this section, if a creditor specifies, on or with the periodic statement, requirements for the consumer to follow in making payments as permitted under this XXXX, but accepts a payment that does not conform to the requirements, the creditor shall credit the payment within XXXX days of receipt. \n( ii ) Payment methods promoted by creditor. If a creditor promotes a method for making payments, such payments shall be considered conforming payments in accordance with this paragraph ( b ) and shall be credited to the consumer 's account as of the date of receipt, except when a delay in crediting does not result in a finance or other charge. \n( c ) XXXX of account. If a creditor fails to credit a payment, as required by paragraphs ( a ) or ( b ) of this section, in time to avoid the imposition of finance or other charges, the creditor shall adjust the consumer 's account so that the charges imposed are credited to the consumer 's account during the next billing cycle. \n( d ) Crediting of payments when creditor does not receive or accept payments on due date ( XXXX ) XXXX. Except as provided in paragraph ( d ) ( XXXX ) of this section, if a creditor does not receive or accept payments by mail on the due date for payments, the creditor XXXX generally not treat a payment received the next business day as late for any purpose. For purposes of this paragraph ( d ), the next business day means the next day on which the creditor accepts or receives payments by mail. \n( XXXX ) Payments accepted or received other than by mail. If a creditor accepts or receives payments made on the due date by a method other than mail, such as electronic or telephone payments, the creditor is not required to treat a payment made by that method on the next business day as timely, even if it does not accept mailed payments on the due date. \n( XXXX ) Limitations on fees related to method of payment. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, a creditor XXXX not impose a separate fee to allow consumers to make a payment by any method, such as mail, electronic, or telephone payments, unless such payment method involves an expedited service by a customer service representative of the creditor. For purposes of paragraph ( XXXX ) of this section, the term creditor includes a third party that collects, receives, or processes payments on behalf of a creditor. \n( f ) Changes by card issuer. If a card issuer makes a material change in the address for receiving payments or procedures for handling payments, and such change causes a material delay in the crediting of a payment to the consumer 's account during the XXXX period following the date on which such change took effect, the card issuer XXXX not impose any late fee or finance charge for a late payment on the credit card account during the XXXX period following the date on which the change took effect. \n\nThe Privacy Act of XXXX, also known as XXXX XXXX Code XXXX, is a United States XXXX XXXX that establishes a Code of Fair Information Practice. This code governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals. Federal agencies maintain this information in systems of records. A system of records refers to a group of records controlled by an agency, from which information can be retrieved either by the individuals name or by an assigned identifier. Here are some key points about the Privacy Act : ( XXXX ) Purpose : The Privacy Act aims to protect individuals privacy rights by regulating how federal agencies handle their personal information. \n( XXXX ) Notice : Agencies must provide public notice of their systems of records through publication in the XXXX XXXX. \n( XXXX ) Consent : XXXX of an individuals record from a system of records is generally prohibited without the written consent of the individual. However, there are statutory exceptions that allow for disclosure. \n( XXXX ) XXXX and XXXX : Individuals have the right to seek access to and amendment of their records. \n( XXXX ) Record-Keeping Requirements : The XXXX sets forth various requirements for agencies regarding record-keeping. \n\nXXXX XXXX XXXX XXXX : ( a ) Accuracy and fairness of credit reporting The XXXX makes the following findings : ( XXXX ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. \n( 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. \n( b ) Reasonable procedures It is the purpose of this sub-chapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this sub-chapter. \n( Pub. XXXX XXXX, title VI, XXXX, as added Pub. XXXX XXXX, title VI, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX. ) XXXX XXXX XXXX XXXX Definitions ; rules of construction ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this sub-chapter. \n( c ) The term consumer means an individual. \n( d ) XXXX Report. \n( XXXX ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section XXXX of this title. \n( XXXX ) Exclusions.Except as provided in paragraph ( XXXX ), the term consumer report does not include ( A ) subject to section XXXX of this title, any ( I ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among person related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among person related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information XXXX be communicated among such person and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such person ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section XXXX of this title, or ( D ) a communication described in subsection ( o ) or ( x ). [ XXXX ] XXXX XXXX Code XXXX ( XXXX ) ( b ) : ( B ) Any person who knowingly makes, or causes to be made, a false entry or statement in any report required under this chapter ; who knowingly makes, or causes to be made, any false entry in any account, record, or memorandum required to be established and maintained by any person or in any notification or other information required to be submitted to the Secretary under section XXXX of this title ; who knowingly neglects or fails to make or cause to be made, full, true, and correct entries in such accounts, records, memorandum, notification, or other materials ; who knowingly removes any such documentary evidence out of the jurisdiction of the United States ; who knowingly mutilates, alters, or by any other means falsifies any such documentary evidence ; or who knowingly refuses to submit any such documentary evidence to the Secretary for inspection and copying shall be guilty of an offense against the United States, and upon conviction thereof shall be fined not more than {$5000.00}, or imprisoned for not more than XXXX years, or both. \n\nUnder XXXX of the Fair Debt Collection Practices Act False or misleading representations A debt collector XXXX not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( XXXX ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. \n( XXXX ) The false representation of -- ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which XXXX be lawfully received by any debt collector for the collection of a debt. \n( XXXX ) The false representation or implication that any individual is an attorney or that any communication is from an attorney. \n( XXXX ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the XXXX, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. \n( XXXX ) The threat to take any action that can not legally be taken or that is not intended to be taken. \n( XXXX ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter. \n( XXXX ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. \n( XXXX ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. \n( XXXX ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. \n( XXXX ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. \n( XXXX ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. \n( XXXX ) The false representation or implication that accounts have been turned over to innocent purchasers for value. \n( XXXX ) The false representation or implication that documents are legal process. \n( XXXX ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization. \n( XXXX ) The false representation or implication that documents are not legal process forms or do not require action by the consumer. \n( XXXX ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section XXXX ( f ) of this title. \n\nUnder XXXX of the Fair Debt Collection Practices Act Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. \n( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section XXXX of this title for failure to comply with a provision of this sub-chapter. \n\nXXXX XXXX XXXX XXXX : ( a ) Privacy obligation policy It is the policy of the XXXX that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. \n( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section XXXX ( a ) of this title, other than the XXXX XXXX XXXX XXXX XXXX, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( XXXX ) to insure the security and confidentiality of customer records and information ; ( XXXX ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( XXXX ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. \n( Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, title X, XXXX ( XXXX ), XX/XX/XXXX, XXXX XXXX. XXXX. ) XXXX XXXX XXXX XXXX : ( a ) Notice requirements Except as otherwise provided in this sub-chapter, a financial institution XXXX not, directly or through any affiliate, disclose to a non-affiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section XXXX of this title. \n( b ) Opt out ( XXXX ) In general A financial institution XXXX not disclose nonpublic personal information to a non-affiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section XXXX of this title, that such information XXXX be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. \n( XXXX ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a non-affiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between XXXX or more financial institutions that comply with the requirements imposed by the regulations prescribed under section XXXX of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. \n( c ) Limits on reuse of information Except as otherwise provided in this sub-chapter, a non-affiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a non-affiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. \n( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any non-affiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. \n( XXXX ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( XXXX ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( XXXX ) with the consent or at the direction of the consumer ; ( XXXX ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( XXXX ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( XXXX ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, XXXX, and auditors ; ( XXXX ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of XXXX [ XXXX XXXX Code XXXX et seq. ], to law enforcement agencies ( including the XXXX XXXX XXXX XXXX XXXX [ XXXX ] a Federal functional regulator, the Secretary of the Treasury with respect to sub-chapter XXXX of chapter XXXX of title XXXX, and chapter XXXX of title I of Public Law XXXX ( XXXX XXXX Code XXXX ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( XXXX ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ XXXX XXXX Code XXXX et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( XXXX ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( XXXX ) to comply with XXXX, XXXX, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by XXXX, XXXX, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law. \n( Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, title X, XXXX ( XXXX ), XX/XX/XXXX, XXXX XXXX. XXXX. ) XXXX XXXX XXXX XXXX : ( a ) XXXX required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section XXXX of this title, of such financial institutions policies and practices with respect to ( XXXX ) disclosing nonpublic personal information to affiliates and non-affiliated third parties, consistent with section XXXX of this title, including the categories of information that XXXX be disclosed ; ( XXXX ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( XXXX ) protecting the nonpublic personal information of consumers. \n( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section XXXX of this title. \n( c ) Information to be included The disclosure required by subsection ( a ) shall include ( XXXX ) the policies and practices of the institution with respect to disclosing nonpublic personal information to non-affiliated third parties, other than agents of the institution, consistent with section XXXX of this title, and including ( A ) the categories of persons to whom the information is or XXXX be disclosed, other than the persons to whom the information XXXX be provided pursuant to section XXXX ( XXXX ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( XXXX ) the categories of nonpublic personal information that are collected by the financial institution ; ( XXXX ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section XXXX of this title ; and ( XXXX ) the disclosures required, if any, under section XXXX ( d ) ( XXXX ) ( A ) ( XXXX ) of this title. \n( d ) Exemption for certified public XXXX ( XXXX ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a XXXX ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer. \n( XXXX ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( XXXX ) from any provision of this section. \n( XXXX ) Definitions For purposes of this subsection, the term XXXX means any State or territory of the United States, the District of Columbia, XXXX XXXX, XXXX, XXXX XXXX, the Trust Territory of the XXXX XXXX, the XXXX XXXX, or the XXXX XXXX XXXX. \n( XXXX ) Model forms ( XXXX ) In general The agencies referred to in section XXXX ( a ) ( XXXX ) of this title shall jointly develop a model form which XXXX be used, at the option of the financial institution, for the provision of disclosures under this section. \n( XXXX ) Format A model form developed under paragraph ( XXXX ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font. \n( XXXX ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX. \n( XXXX ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. \n( f ) Exception to annual notice requirement A financial institution that ( XXXX ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( XXXX ) or ( XXXX ) of section XXXX of this title or regulations prescribed under section XXXX ( b ) of this title, and ( XXXX ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( XXXX ) or ( XXXX ). \n( Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, XXXX VI, XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX Stat. XXXX, XXXX ; Pub. XXXX XXXX, XXXX. G, title LXXV, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX. ) See attachments for full complaint, and relating documentation.","date_sent_to_company":"2024-08-14T19:02:33.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"30043","tags":null,"has_narrative":true,"complaint_id":"9801302","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-08-14T19:02:31.000Z","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":["Under XXXX of the Fair Debt Collection <em>Practices</em> Act False or misleading representations A debt collector XXXX not use any false, <em>deceptive</em>, or misleading representation or means in connection with the collection of any debt."]},"sort":[8.45784,"9801302"]},{"_index":"complaint-public-v1","_id":"9801301","_score":8.449743,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"On the XXXXXXXX XXXX XXXX XXXXXX/XX/XXXX XXXX XXXX XXXX reported a collection of {$7700.00} with an account number as XXXX on my Experian credit report without my knowledge, consent, or authorization. \n\nSince then XXXX XXXX XXXX has been increasing a balance on an account that has already been charged off, closed and they have already received the tax benefit. \n\n15 U.S. Code 1692c ( c ) : ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except ( 1 ) to advise the consumer that the debt collectors further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. \n\nXXXX has allowed XXXX XXXX XXXX to report the same inaccurate information on my credit report under an entirely different name COMPUTER CHECK VERIFICAT XXXX is also reporting a collection that is listed as XXXX XXXX XXXX which is inaccurate and has already been deleted from my Experian credit report. \n\nExperian has a history of allowing inaccurate items to be reported on my credit report that are not verified with a proper investigation. \n\nIn XXXX XXXX XXXX XXXX XXXX XXXX XXXX, 748 F. Supp. 2d 1030, 1036 ( XXXX XXXX XXXX ), the court held that failure to properly investigate and correct disputed information can result in liability for both the furnisher and the credit reporting agency. This principle applies here, as the continued reporting of inaccurate information has caused undue harm to my creditworthiness.\n\n12 C.F.R. 1016.7 states that, A consumer may exercise the right to opt out at any time.\n\nI am hereby exercising my right to opt out of any adverse items, collection accounts, credit usage amounts, phone numbers and any other derogatory items or remarks made by any party on to my reports under any circumstances. This serves as lawful notice.\n\n15 U.S. Code 1681c ( a ) ( 5 ) states Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' Under 5 of the FTC Act, the Commission expects that each financial institution will have in place at least the administrative or other safeguards necessary to honor any opt-out requests made by consumers under the Privacy Rule.\n\n12 C.F.R. 1022.42 Reasonable policies and procedures concerning the accuracy and integrity of furnished information. ( a ) Policies and procedures. Each furnisher must establish and implement reasonable written policies and procedures regarding the accuracy and integrity of the information relating to consumers that it furnishes to a consumer reporting agency. The policies and procedures must be appropriate to the nature, size, complexity, and scope of each furnisher 's activities.\n\n( b ) Guidelines. Each furnisher must consider the guidelines in appendix E of this part in developing its policies and procedures required by this section, and incorporate those guidelines that are appropriate.\n\n( c ) Reviewing and updating policies and procedures. Each furnisher must review its policies and procedures required by this section periodically and update them as necessary to ensure their continued effectiveness.\n\n12 C.F.R. 1026.10 Payments. ( a ) General rule. A creditor shall credit a payment to the consumer 's account as of the date of receipt, except when a delay in crediting does not result in a finance or other charge or except as provided in paragraph ( b ) of this section.\n\n( b ) Specific requirements for payments ( 1 ) General rule. A creditor may specify reasonable requirements for payments that enable most consumers to make conforming payments.\n\n( 2 ) Examples of reasonable requirements for payments. Reasonable requirements for making payment may include : ( i ) Requiring that payments be accompanied by the account number or payment stub ; ( ii ) Setting reasonable cut-off times for payments to be received by mail, by electronic means, by telephone, and in person ( except as provided in paragraph ( b ) ( 3 ) of this section ), provided that such cut-off times shall be no earlier than 5 p.m. on the payment due date at the location specified by the creditor for the receipt of such payments ; ( iii ) Specifying that only checks or money orders should be sent by mail ; ( iv ) Specifying that payment is to be made in XXXXXXXX XXXX or ( v ) Specifying one particular address for receiving payments, such as a post office box.\n\n( 3 ) In-person payments on credit card accounts ( i ) General. Notwithstanding 1026.10 ( b ), payments on a credit card account under an open-end ( not home-secured ) consumer credit plan made in person at a branch or office of a card issuer that is a financial institution prior to the close of business of that branch or office shall be considered received on the date on which the consumer makes the payment. A card issuer that is a financial institution shall not impose a cut-off time earlier than the close of business for any such payments made in person at any branch or office of the card issuer at which such payments are accepted. Notwithstanding 1026.10 ( b ) ( 2 ) ( ii ), a card issuer may impose a cut-off time earlier than 5 p.m. for such payments, if the close of business of the branch or office is earlier than 5 p.m. ( ii ) Financial institution. For purposes of paragraph ( b ) ( 3 ) of this section, financial institution shall mean a bank, savings association, or credit union.\n\n( 4 ) Nonconforming payments ( i ) In general. Except as provided in paragraph ( b ) ( 4 ) ( ii ) of this section, if a creditor specifies, on or with the periodic statement, requirements for the consumer to follow in making payments as permitted under this 1026.10, but accepts a payment that does not conform to the requirements, the creditor shall credit the payment within five days of receipt.\n\n( ii ) Payment methods promoted by creditor. If a creditor promotes a method for making payments, such payments shall be considered conforming payments in accordance with this paragraph ( b ) and shall be credited to the consumer 's account as of the date of receipt, except when a delay in crediting does not result in a finance or other charge.\n\n( c ) Adjustment of account. If a creditor fails to credit a payment, as required by paragraphs ( a ) or ( b ) of this section, in time to avoid the imposition of finance or other charges, the creditor shall adjust the consumer 's account so that the charges imposed are credited to the consumer 's account during the next billing cycle.\n\n( d ) Crediting of payments when creditor does not receive or accept payments on due date ( 1 ) General. Except as provided in paragraph ( d ) ( 2 ) of this section, if a creditor does not receive or accept payments by mail on the due date for payments, the creditor may generally not treat a payment received the next business day as late for any purpose. For purposes of this paragraph ( d ), the next business day means the next day on which the creditor accepts or receives payments by mail.\n\n( 2 ) Payments accepted or received other than by mail. If a creditor accepts or receives payments made on the due date by a method other than mail, such as electronic or telephone payments, the creditor is not required to treat a payment made by that method on the next business day as timely, even if it does not accept mailed payments on the due date.\n\n( e ) Limitations on fees related to method of payment. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, a creditor may not impose a separate fee to allow consumers to make a payment by any method, such as mail, electronic, or telephone payments, unless such payment method involves an expedited service by a customer service representative of the creditor. For purposes of paragraph ( e ) of this section, the term creditor includes a third party that collects, receives, or processes payments on behalf of a creditor.\n\n( f ) Changes by card issuer. If a card issuer makes a material change in the address for receiving payments or procedures for handling payments, and such change causes a material delay in the crediting of a payment to the consumer 's account during the 60-day period following the date on which such change took effect, the card issuer may not impose any late fee or finance charge for a late payment on the credit card account during the 60-day period following the date on which the change took effect.\n\nThe Privacy Act of 1974, also known as 5 U.S. Code 552a, is a United States federal law that establishes a Code of Fair Information Practice. This code governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals. Federal agencies maintain this information in systems of records. A system of records refers to a group of records controlled by an agency, from which information can be retrieved either by the individuals name or by an assigned identifier. Here are some key points about the Privacy Act : ( 1 ) Purpose : The Privacy Act aims to protect individuals privacy rights by regulating how federal agencies handle their personal information.\n\n( 2 ) Notice : Agencies must provide public notice of their systems of records through publication in the Federal Register.\n\n( 3 ) Consent : Disclosure of an individuals record from a system of records is generally prohibited without the written consent of the individual. However, there are statutory exceptions that allow for disclosure.\n\n( 4 ) Access and Amendment : Individuals have the right to seek access to and amendment of their records.\n\n( 5 ) Record-Keeping Requirements : The Act sets forth various requirements for agencies regarding record-keeping.\n\n15 U.S. Code 1681 : ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.\n\n( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.\n\n( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.\n\n( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.\n\n( b ) Reasonable procedures It is the purpose of this sub-chapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this sub-chapter.\n\n( Pub. L. 90321, title VI, 602, as added Pub. L. 91508, title VI, 601, Oct. 26, 1970, 84 Stat. 1128. ) 15 U.S. Code 1681a Definitions ; rules of construction ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this sub-chapter.\n\n( c ) The term consumer means an individual.\n\n( d ) Consumer Report.\n\n( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.\n\n( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s-3 of this title, any ( I ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among person related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among person related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such person and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such person ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title, or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] 15 U.S. Code 1825 ( 2 ) ( b ) : ( B ) Any person who knowingly makes, or causes to be made, a false entry or statement in any report required under this chapter ; who knowingly makes, or causes to be made, any false entry in any account, record, or memorandum required to be established and maintained by any person or in any notification or other information required to be submitted to the Secretary under section 1823 of this title ; who knowingly neglects or fails to make or cause to be made, full, true, and correct entries in such accounts, records, memorandum, notification, or other materials ; who knowingly removes any such documentary evidence out of the jurisdiction of the United States ; who knowingly mutilates, alters, or by any other means falsifies any such documentary evidence ; or who knowingly refuses to submit any such documentary evidence to the Secretary for inspection and copying shall be guilty of an offense against the United States, and upon conviction thereof shall be fined not more than {$5000.00}, or imprisoned for not more than three years, or both.\n\nUnder 807 of the Fair Debt Collection Practices Act False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.\n\n( 2 ) The false representation of -- ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.\n\n( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.\n\n( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.\n\n( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.\n\n( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter.\n\n( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.\n\n( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.\n\n( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.\n\n( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.\n\n( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.\n\n( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value.\n\n( 13 ) The false representation or implication that documents are legal process.\n\n( 14 ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization.\n\n( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer.\n\n( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title.\n\nUnder 812 of the Fair Debt Collection Practices Act Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.\n\n( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this sub-chapter.\n\n15 U.S. Code 6801 : ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.\n\n( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.\n\n( Pub. L. 106102, title V, 501, Nov. 12, 1999, 113 Stat. 1436 ; Pub. L. 111203, title X, 1093 ( 1 ), July 21, 2010, 124 Stat. 2095. ) 15 U.S. Code 6802 : ( a ) Notice requirements Except as otherwise provided in this sub-chapter, a financial institution may not, directly or through any affiliate, disclose to a non-affiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.\n\n( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a non-affiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\n( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a non-affiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information.\n\n( c ) Limits on reuse of information Except as otherwise provided in this sub-chapter, a non-affiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a non-affiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution.\n\n( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any non-affiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S. Code 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to sub-chapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S. Code 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S. Code 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law.\n\n( Pub. L. 106102, title V, 502, Nov. 12, 1999, 113 Stat. 1437 ; Pub. L. 111203, title X, 1093 ( 2 ), July 21, 2010, 124 Stat. 2095. ) 15 U.S. Code 6803 : ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and non-affiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers.\n\n( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title.\n\n( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to non-affiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title.\n\n( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer.\n\n( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section.\n\n( 3 ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the District of Columbia, XXXX XXXX, XXXX, XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX, the XXXX XXXX, or the XXXX XXXX XXXX. \n( XXXX ) Model forms ( 1 ) In general The agencies referred to in section 6804 ( a ) ( 1 ) of this title shall jointly develop a model form which may be used, at the option of the financial institution, for the provision of disclosures under this section. \n( XXXX ) Format A model form developed under paragraph ( XXXX ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font. \n( XXXX ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX. \n( XXXX ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section.\n\n( f ) Exception to annual notice requirement A financial institution that ( 1 ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( 2 ) or ( e ) of section 6802 of this title or regulations prescribed under section 6804 ( b ) of this title, and ( 2 ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( 1 ) or ( 2 ).\n\n( Pub. L. 106102, title V, 503, Nov. 12, 1999, 113 Stat. 1439 ; Pub. L. 109351, title VI, 609, title VII, 728, Oct. 13, 2006, 120 Stat. 1983, 2003 ; Pub. L. 11494, div. 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