{"took":381,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":34,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"6818746","_score":22.138378,"_source":{"product":"Checking or savings account","complaint_what_happened":"This bank is not acting in accordance with Regulation E in the process of a debit card dispute. Their argument is that my claim reason is not eligible for a temporary credit under Reg E, which is false. The regulation broadly covers all types of ETFs from the account, with no particular exclusions.\n\nI will be attaching direct excerpts from the regulation below to explain the banks violations : EXERPT 1 ( 1 ) Ten-day period. A financial institution shall investigate promptly and, except as otherwise provided in this paragraph ( c ), shall determine whether an error occurred within 10 business days of receiving a notice of error. The institution shall report the results to the consumer within three business days after completing its investigation. The institution shall correct the error within one business day after determining that an error occurred. \n( 2 ) Forty-five day period. If the financial institution is unable to complete its investigation within 10 business days, the institution may take up to 45 days from receipt of a notice of error to investigate and determine whether an error occurred, provided the institution does the following : ( i ) Provisionally credits the consumer 's account in the amount of the alleged error ( including interest where applicable ) within 10 business days of receiving the error notice. If the financial institution has a reasonable basis for believing that an unauthorized electronic fund transfer has occurred and the institution has satisfied the requirements of 1005.6 ( a ), the institution may withhold a maximum of {$50.00} from the amount credited. \n\nThe bank has not applied a provisional credit to my account after 10 business days. Instead, they have informed me that my claim is not covered under Regulation E, which is false and not explicitly stated in the regulation. \n\nEXERPT 2 An institution need not provisionally credit the consumer 's account if : A ) The institution requires but does not receive written confirmation within 10 business days of an oral notice of error ; or ( B ) The alleged error involves an account that is subject to Regulation T of the Board of Governors of the Federal Reserve System ( Securities Credit by Brokers and Dealers, 12 CFR part 220 ) ; ( ii ) Informs the consumer, within two business days after the provisional crediting, of the amount and date of the provisional crediting and gives the consumer full use of the funds during the investigation ; ( iii ) Corrects the error, if any, within one business day after determining that an error occurred ; and ( iv ) Reports the results to the consumer within three business days after completing its investigation ( including, if applicable, notice that a provisional credit has been made final ). \n\nThe institution did not request written confirmation, but I sent supporting documentation the same day I filed the claim, and confirmed it was received and attached by the bank. None of the other exceptions in this excerpt were satisfied by the bank. \n\nEXERPT 3 ( 3 ) Extension of time periods. The time periods in paragraphs ( c ) ( 1 ) and ( c ) ( 2 ) of this section are extended as follows : ( i ) The applicable time is 20 business days in place of 10 business days under paragraphs ( c ) ( 1 ) and ( 2 ) of this section if the notice of error involves an electronic fund transfer to or from the account within 30 days after the first deposit to the account was made. \n( ii ) The applicable time is 90 days in place of 45 days under paragraph ( c ) ( 2 ) of this section, for completing an investigation, if a notice of error involves an electronic fund transfer that : ( A ) Was not initiated within a state ; ( B ) Resulted from a point-of-sale debit card transaction ; or ( C ) Occurred within 30 days after the first deposit to the account was made. \n\nThe fund transfer was completed after 30 days of the first deposit to my account, and even if this condition was satisfied, the bank would be required to credit my account within 20 business days instead of 10. Again, none of the other exceptions are satisfied here for my specific account, but the bank is refusing to apply a provisional credit. \n\nThis bank is deliberately trying to get around the terms of Regulation E, which they are legally required to follow. They need to be held accountable by their regulators and apply the provisional credit to my account immediately. Further, I have supplied all required documentation ( dated credit slip from merchant proving credit was due ), so the bank should have no problem resolving the dispute in my favor promptly.","date_sent_to_company":"2023-04-10T22:02:25.000Z","issue":"Managing an account","sub_product":"Checking account","zip_code":"85257","tags":null,"has_narrative":true,"complaint_id":"6818746","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Credit Karma, LLC","date_received":"2023-04-10T22:00:12.000Z","state":"AZ","company_public_response":null,"sub_issue":"Problem using a debit or ATM card"},"highlight":{"complaint_what_happened":["EXERPT 2 An institution need not provisionally credit the consumer 's <em>account</em> if : A ) The institution requires but does not receive written confirmation within 10 business days of an oral notice of <em>error</em> ; or ( B ) The <em>alleged</em> <em>error</em> <em>involves</em> an <em>account</em> that is <em>subject</em> to <em>Regulation</em> T of the <em>Board</em> of Governors of the Federal Reserve System ( Securities Credit by Brokers and Dealers, 12 CFR part 220 ) ; ( ii ) Informs the consumer, within two business days after the provisional crediting, of the amount"],"product":["Checking or savings <em>account</em>"],"issue":["Managing an <em>account</em>"],"sub_product":["Checking <em>account</em>"]},"sort":[22.138378,"6818746"]},{"_index":"complaint-public-v1","_id":"8519040","_score":22.053911,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"On XX/XX/year>, an unauthorized wire transfer {$32000.00} appeared on my saving account. I noticed XXXX around on XXXX and immediately went to local Chase branch to report this. \nOn XX/XX/year>, I reported to local police in XXXX, IL with police report attached. \nAccording to police report, this unauthorized wire transfer was initiated in person in a branch in XXXX IL. \nAccording to Chase employee, someone with my fake ID went to one of Chase branch and initiated this wire transfer. \nI called Chase on XX/XX/year>. The claim department said they are still investigating the case and can not provide any timeline of when I can get results or my money back. It has been more than 35 days since Chase received my notice. However, Chase neither completes the investigation nor credits my account so far. This is a clear violation of CFR Part 1005 ( Regulation E ) 1005.11 Procedures for resolving errors ( c ) Time limits and extent of investigation Official interpretation of 11 ( c ) Time Limits and Extent of Investigation ( 1 ) Ten-day period. A financial institution shall investigate promptly and, except as otherwise provided in this paragraph ( c ), shall determine whether an error occurred within 10 business days of receiving a notice of error. The institution shall report the results to the consumer within three business days after completing its investigation. The institution shall correct the error within one business day after determining that an error occurred.\n\n( 2 ) Forty-five day period. If the financial institution is unable to complete its investigation within 10 business days, the institution may take up to 45 days from receipt of a notice of error to investigate and determine whether an error occurred, provided the institution does the following : ( i ) Provisionally credits the consumer 's account in the amount of the alleged error ( including interest where applicable ) within 10 business days of receiving the error notice. If the financial institution has a reasonable basis for believing that an unauthorized electronic fund transfer has occurred and the institution has satisfied the requirements of 1005.6 ( a ), the institution may withhold a maximum of {$50.00} from the amount credited. An institution need not provisionally credit the consumer 's account if : ( A ) The institution requires but does not receive written confirmation within 10 business days of an oral notice of error ; or ( B ) The alleged error involves an account that is subject to Regulation T of the Board of Governors of the Federal Reserve System ( Securities Credit by Brokers and Dealers, 12 CFR part 220 ) ;","date_sent_to_company":"2024-03-11T13:22:04.000Z","issue":"Other transaction problem","sub_product":"Domestic (US) money transfer","zip_code":"615XX","tags":null,"has_narrative":true,"complaint_id":"8519040","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"JPMORGAN CHASE & CO.","date_received":"2024-03-11T12:53:20.000Z","state":"IL","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["An institution need not provisionally credit the consumer 's <em>account</em> if : ( A ) The institution requires but does not receive written confirmation within 10 business days of an oral notice of <em>error</em> ; or ( B ) The <em>alleged</em> <em>error</em> <em>involves</em> an <em>account</em> that is <em>subject</em> to <em>Regulation</em> T of the <em>Board</em> of Governors of the Federal Reserve System ( Securities Credit by Brokers and Dealers, 12 CFR part 220 ) ;"]},"sort":[22.053911,"8519040"]},{"_index":"complaint-public-v1","_id":"3560952","_score":17.62236,"_source":{"product":"Checking or savings account","complaint_what_happened":"On XX/XX/XXXX, I noticed a fraudulent ACH transfer from my checking account paid to a XXXX credit card that was not mine for {$6600.00} posted for XX/XX/XXXX. When I contacted Citibank, the representative stated it was probably a glitch in the system and did not suggest that I blocked the account however opened a case. \n\nOn XX/XX/XXXX, another ACH transfer was made for {$21000.00} to a XXXX credit card. At this point, the representative suggested that I placed a block on my account. \n\nOn XX/XX/XXXX, Citibank credited me {$6600.00} and on XX/XX/XXXX credited me {$21000.00}. Per the letter sent, \" We have concluded our research and are pleased to inform you that your request for reimbursement has been honored '' On XX/XX/XXXX, I received a call from Citibank Fraud department who informed me that my online banking information has been compromised so they will take action to issue me a new debit card. When I inquired whether my account will need to be closed they said NO. \n\nFast forward to XX/XX/XXXX when I realized my account has been blocked. Their letter dated XX/XX/XXXX states \" your accounts are now restricted from any debits and certain credits and will be closed within sixty days from the date of this letter ... If there are any funds that belong to you at the time of closure, Citibank will issue you an official check for that balance ... you may visit your local branch or contact us at the number below to determine if you're entitled to the funds sooner than the expected account closure date '' Since then I have called Citibank fraud department multiple times and went to the local branch ( 2 days after the date of the letter ) to attempt to close my account and receive my check but was met with the same brick wall- \" this is our policy, there is nothing you can do to access your money or close your account until the investigation is over '' As it stands I have over $ 55K sitting in my accounts that can not be accessed for \" up to 60 days ''. I just got my offer accepted for a home and I need the funds ASAP. I can not wait up to 60 days to receive my checks. It is absolutely unacceptable that I have no access to my money for an extended period of time. \n\nSee Regulation E below. Citibank has given me my provisional credit within a week of filing the claim however they turn around and block my entire account and are preventing me from accessing it for up to 60 days. From where I stand as the consumer, if this is a loophole that the banks can perform, how am I really protected as a consumer by this regulation that ensures I have timely access to my funds in the case of a fraud investigation? \n\n\n\n\nRegulation E 1005.11 Procedures for resolving errors, cited below : ( 1 ) Ten-day period. A financial institution shall investigate promptly and, except as otherwise provided in this paragraph ( c ), shall determine whether an error occurred within 10 business days of receiving a notice of error. The institution shall report the results to the consumer within three business days after completing its investigation. The institution shall correct the error within one business day after determining that an error occurred.\n\n( c ) Time limits and extent of investigation ( 1 ) Ten-day period. A financial institution shall investigate promptly and, except as otherwise provided in this paragraph ( c ), shall determine whether an error occurred within 10 business days of receiving a notice of error. The institution shall report the results to the consumer within three business days after completing its investigation. The institution shall correct the error within one business day after determining that an error occurred.\n\n( 2 ) Forty-five day period. If the financial institution is unable to complete its investigation within 10 business days, the institution may take up to 45 days from receipt of a notice of error to investigate and determine whether an error occurred, provided the institution does the following : ( i ) Provisionally credits the consumer 's account in the amount of the alleged error ( including interest where applicable ) within 10 business days of receiving the error notice. If the financial institution has a reasonable basis for believing that an unauthorized electronic fund transfer has occurred and the institution has satisfied the requirements of 1005.6 ( a ), the institution may withhold a maximum of {$50.00} from the amount credited. An institution need not provisionally credit the consumer 's account if : ( A ) The institution requires but does not receive written confirmation within 10 business days of an oral notice of error ; or ( B ) The alleged error involves an account that is subject to Regulation T of the Board of Governors of the Federal Reserve System ( Securities Credit by Brokers and Dealers, 12 CFR part 220 ) ; ( ii ) Informs the consumer, within two business days after the provisional crediting, of the amount and date of the provisional crediting and gives the consumer full use of the funds during the investigation ;","date_sent_to_company":"2020-03-10T07:23:02.000Z","issue":"Managing an account","sub_product":"Checking account","zip_code":"92122","tags":null,"has_narrative":true,"complaint_id":"3560952","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CITIBANK, N.A.","date_received":"2020-03-10T07:20:13.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Deposits and withdrawals"},"highlight":{"complaint_what_happened":["An institution need not provisionally credit the consumer 's <em>account</em> if : ( A ) The institution requires but does not receive written confirmation within 10 business days of an oral notice of <em>error</em> ; or ( B ) The <em>alleged</em> <em>error</em> <em>involves</em> an <em>account</em> that is <em>subject</em> to <em>Regulation</em> T of the <em>Board</em> of Governors of the Federal Reserve System ( Securities Credit by Brokers and Dealers, 12 CFR part 220 ) ; ( ii ) Informs the consumer, within two business days after the provisional crediting, of the amount and"],"product":["Checking or savings <em>account</em>"],"issue":["Managing an <em>account</em>"],"sub_product":["Checking <em>account</em>"]},"sort":[17.62236,"3560952"]},{"_index":"complaint-public-v1","_id":"6063980","_score":17.319075,"_source":{"product":"Credit card or prepaid card","complaint_what_happened":"Today XX/XX/2022 I'm filing this complaint only because the FTC routed me here first. I've tried to rectify the problem with this company several times. I opened a dispute for a plethora of unauthorized charges on XX/XX/2022, yes I have used the merchant before in the past, which is why I only disputed the unauthorized charges! Fast forward to XX/XX/2022 my claim was closed claiming no error were found. As I stated before on a previous complaint last time the investigation coincidently closed right before 12 CFR Part 1005 ( Reg E ) for my provisional credit to kick in. I did everything correctly. Reported the charges in a timely manner, mailed in Statement Of FrauXXXX via XXXX XXXX mail with a tracking number, and called multiply times to check on my dispute. Each time this company gave me the run around and/or blatantly hangs up in my face, asking for a callback number before every call just not to call you back. The only thing done partially right by this company is issuing me a refund for my replacement card that I ordered expedited, which took longer than advertised. To my surprise I learned that the investigation was reopened on XX/XX/2022 without any notification from this company. Had I not call in I would've never known. Extremely unprofessional but I digress. After finding out the investigation was reopened I rightfully inquired on my provisional credit as that is well within my consumer rights. I was told by one Representative since the investigation was reopened I would have to wait the full 90 days! Can you believe this? Neither can I. My last complaint I also requested proof or any documentation proving their finding on my dispute which is also within my consumer rights, so I can forward to my attorney take a look. Was my request granted? No. I suspect that I wasn't provided that information because they didn't really investigate anything, just decided to side with the merchant! Today XX/XX/2022 after finding out the investigation was reopened I asked for provisional credit as like everyone else I have bills. I was told that a request must be made to that department and it can take another XXXX business days to receive a response not to receive my credit but a response, you would think there would be some urgency since Wisely is already in violation of XXXXode of Federal Regulations. I asked for the department direct phone number or contact and was told that there is no numbers because its an \" Internal Department ''. 10 days have transpired since reopening the investigation Wisely By APD has failed to comply with Regulation E and is in Violation. There is no superiors/supervisor that you can be transferred to and every phone call is designed to make you give up on your hard earned money. The customer service agents each tell you a different lie. None of the agents are educated on consumer laws or customer service. I will be looking into filing a FTC complaint also. These people are borderline crooks, extremely miseducated, and need to be retrain expeditiously. I will end with this since rules, laws, and regulations seems foreign to the Financial Institution Wisely by ADP, 12 CFR 1005.11 - Procedures for resolving errors.\n\n( c ) Time limits and extent of investigation - ( 1 ) Ten-day period. A financial institution shall investigate promptly and, except as otherwise provided in this paragraph ( c ), shall determine whether an error occurred within 10 business days of receiving a notice of error. The institution shall report the results to the consumer within three business days after completing its investigation. The institution shall correct the error within one business day after determining that an error occurred.\n\n( 2 ) Forty-five day period. If the financial institution is unable to complete its investigation within 10 business days, the institution may take up to 45 days from receipt of a notice of error to investigate and determine whether an error occurred, provided the institution does the following : ( i ) Provisionally credits the consumer 's account in the amount of the alleged error ( including interest where applicable ) within 10 business days of receiving the error notice. If the financial institution has a reasonable basis for believing that an unauthorized electronic fund transfer has occurred and the institution has satisfied the requirements of 1005.6 ( a ), the institution may withhold a maximum of {$50.00} from the amount credited. An institution need not provisionally credit the consumer 's account if : ( A ) The institution requires but does not receive written confirmation within 10 business days of an oral notice of error ; or ( B ) The alleged error involves an account that is subject to Regulation T of the Board of Governors of the Federal Reserve System ( Securities Credit by Brokers and Dealers, 12 CFR part 220 ).\n\n( ii ) Informs the consumer, within two business days after the provisional crediting, of the amount and date of the provisional crediting and gives the consumer full use of the funds during the investigation; ( iii ) Corrects the error, if any, within one business day after determining that an error occurred ; and ( iv ) Reports the results to the consumer within three business days after completing its investigation ( including, if applicable, notice that a provisional credit has been made final ).\n\n( 3 ) Extension of time periods. The time periods in paragraphs ( c ) ( 1 ) and ( c ) ( 2 ) of this section are extended as follows : ( i ) The applicable time is 20 business days in place of 10 business days under paragraphs ( c ) ( 1 ) and ( 2 ) of this section if the notice of error involves an electronic fund transfer to or from the account within 30 days after the first deposit to the account was made.\n\n( ii ) The applicable time is 90 days in place of 45 days under paragraph ( c ) ( 2 ) of this section, for completing an investigation, if a notice of error involves an electronic fund transfer that : ( A ) Was not initiated within a state ; ( B ) Resulted from a point-of-sale debit card transaction ; or ( C ) Occurred within 30 days after the first deposit to the account was made.","date_sent_to_company":"2022-10-08T15:16:11.000Z","issue":"Trouble using the card","sub_product":"Payroll card","zip_code":"33179","tags":null,"has_narrative":true,"complaint_id":"6063980","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"ADP Inc.","date_received":"2022-10-08T15:09:27.000Z","state":"FL","company_public_response":null,"sub_issue":"Trouble getting information about the card"},"highlight":{"complaint_what_happened":["An institution need not provisionally credit the consumer 's <em>account</em> if : ( A ) The institution requires but does not receive written confirmation within 10 business days of an oral notice of <em>error</em> ; or ( B ) The <em>alleged</em> <em>error</em> <em>involves</em> an <em>account</em> that is <em>subject</em> to <em>Regulation</em> T of the <em>Board</em> of Governors of the Federal Reserve System ( Securities Credit by Brokers and Dealers, 12 CFR part 220 )."]},"sort":[17.319075,"6063980"]},{"_index":"complaint-public-v1","_id":"4833195","_score":16.91156,"_source":{"product":"Checking or savings account","complaint_what_happened":"On XX/XX/21, there were a series of unauthorized transactions on my Wells Fargo Visa Debit Card amounting to {$7500.00} in total.\n\nWithin the same day, or no longer than 24 hours after the initial transactions had gone through, I called to report the unauthorized activity immediately.\n\nI was told by a claims specialist that Wells Fargo would \" promptly '' investigate the claim and that it would issue a provisional credit if it needed more time.\n\nAfter several follow up calls with Wells Fargo customer services reps and claims specialists, I was repeatedly informed that my claim was still under investigation. \n\nOn the XXXX and final business day, I logged onto my account and saw that my claims were closed with absolutely no explanation. \n\nI called and spoke with a claims rep and was told for the first time that my claims were now closed. \n\nI was told that my claims were being put under 'reconsideration '' and that the bank would need more time. This is in blatant violation of Regulation E.\n\nTime limits and extent of investigation - ( 1 ) Ten-day period. A financial institution shall investigate promptly and, except as otherwise provided in this paragraph ( c ), shall determine whether an error occurred within 10 business days of receiving a notice of error. The institution shall report the results to the consumer within three business days after completing its investigation. The institution shall correct the error within one business day after determining that an error occurred. \n\n( 2 ) Forty-five day period. If the financial institution is unable to complete its investigation within 10 business days, the institution may take up to 45 days from receipt of a notice of error to investigate and determine whether an error occurred, provided the institution does the following : ( i ) Provisionally credits the consumer 's account in the amount of the alleged error ( including interest where applicable ) within 10 business days of receiving the error notice. If the financial institution has a reasonable basis for believing that an unauthorized electronic fund transfer has occurred and the institution has satisfied the requirements of 1005.6 ( a ), the institution may withhold a maximum of {$50.00} from the amount credited. An institution need not provisionally credit the consumer 's account if : ( A ) The institution requires but does not receive written confirmation within 10 business days of an oral notice of error ; or ( B ) The alleged error involves an account that is subject to Regulation T of the Board of Governors of the Federal Reserve System ( Securities Credit by Brokers and Dealers, 12 CFR part 220 ).\n\n( ii ) Informs the consumer, within two business days after the provisional crediting, of the amount and date of the provisional crediting and gives the consumer full use of the funds during the investigation; ( iii ) Corrects the error, if any, within one business day after determining that an error occurred ; and ( iv ) Reports the results to the consumer within three business days after completing its investigation ( including, if applicable, notice that a provisional credit has been made final ). \n\n\n\n\n\n\nWhat happened here instead was, on the tenth and final business day before Wells Fargo would be required under law to provide a provisional credit, I beleive tthat this was done deliberately by Wells Fargo so as to avoid having to credit me while their investigation continues ( and had barely even begun ) I was then told that there was \" no way '' for Wells Fargo to issue a provisional credit despite the clear statutory law under a \" 45-day '' investigation period. Again, clearly contradictory to the statute.\n\nAdditionally, during my calls with various wells representatives regarding the present issue, I was given the impression that a special \" fraud department '' or \" claims specialist '' would need to receive notice directly. Again, in violation of the law : Notice to financial institution. \n\n( i ) Notice to a financial institution is given when a consumer takes steps reasonably necessary to provide the institution with the pertinent information, whether or not a particular employee or agent of the institution actually receives the information. \n\n( ii ) The consumer may notify the institution in person, by telephone, or in writing. \n\n\n\n\n-- -- Additionally, the way that Wells Fargo characterized my claim was a \" Do not remember or recognize charge. I specifically informed a claims rep during the initial that the transactions were unauthorized! \n\nAs you can also see, during my most recent call on XX/XX/21, additional time was needed because the claims rep needed more information - How could this be when my claim was already denied? \n\nHelp please thanks.","date_sent_to_company":"2021-10-21T10:59:20.000Z","issue":"Problem with a lender or other company charging your account","sub_product":"Checking account","zip_code":"900XX","tags":null,"has_narrative":true,"complaint_id":"4833195","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"WELLS FARGO & COMPANY","date_received":"2021-10-21T10:16:49.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Transaction was not authorized"},"highlight":{"complaint_what_happened":["An institution need not provisionally credit the consumer 's <em>account</em> if : ( A ) The institution requires but does not receive written confirmation within 10 business days of an oral notice of <em>error</em> ; or ( B ) The <em>alleged</em> <em>error</em> <em>involves</em> an <em>account</em> that is <em>subject</em> to <em>Regulation</em> T of the <em>Board</em> of Governors of the Federal Reserve System ( Securities Credit by Brokers and Dealers, 12 CFR part 220 )."],"product":["Checking or savings <em>account</em>"],"issue":["Problem with a lender or other company charging your <em>account</em>"],"sub_product":["Checking <em>account</em>"]},"sort":[16.91156,"4833195"]},{"_index":"complaint-public-v1","_id":"10928548","_score":13.543357,"_source":{"product":"Credit card","complaint_what_happened":"Submit Current Submit << Previous TITLE 15 / CHAPTER 41 / SUBCHAPTER I / Part D Next >> [ Print ] [ Print selection ] [ OLRC Home ] Help 15 USC CHAPTER 41, SUBCHAPTER I, Part D : Credit Billing From Title 15COMMERCE AND TRADE CHAPTER 41CONSUMER CREDIT PROTECTION SUBCHAPTER ICONSUMER CREDIT COST DISCLOSURE Part DCredit Billing 1666. Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor If a creditor, within sixty days after having transmitted to an obligor a statement of the obligor 's account in connection with an extension of consumer credit, receives at the address disclosed under section 1637 ( b ) ( 10 ) of this title a written notice ( other than notice on a payment stub or other payment medium supplied by the creditor if the creditor so stipulates with the disclosure required under section 1637 ( a ) ( 7 ) of this title ) from the obligor in which the obligor ( 1 ) sets forth or otherwise enables the creditor to identify the name and account number ( if any ) of the obligor, ( 2 ) indicates the obligor 's belief that the statement contains a billing error and the amount of such billing error, and ( 3 ) sets forth the reasons for the obligor 's belief ( to the extent applicable ) that the statement contains a billing error, the creditor shall, unless the obligor has, after giving such written notice and before the expiration of the time limits herein specified, agreed that the statement was correct ( A ) not later than thirty days after the receipt of the notice, send a written acknowledgment thereof to the obligor, unless the action required in subparagraph ( B ) is taken within such thirty-day period, and ( B ) not later than two complete billing cycles of the creditor ( in no event later than ninety days ) after the receipt of the notice and prior to taking any action to collect the amount, or any part thereof, indicated by the obligor under paragraph ( 2 ) either ( i ) make appropriate corrections in the account of the obligor, including the crediting of any finance charges on amounts erroneously billed, and transmit to the obligor a notification of such corrections and the creditor 's explanation of any change in the amount indicated by the obligor under paragraph ( 2 ) and, if any such change is made and the obligor so requests, copies of documentary evidence of the obligor 's indebtedness ; or ( ii ) send a written explanation or clarification to the obligor, after having conducted an investigation, setting forth to the extent applicable the reasons why the creditor believes the account of the obligor was correctly shown in the statement and, upon request of the obligor, provide copies of documentary evidence of the obligor 's indebtedness. In the case of a billing error where the obligor alleges that the creditor 's billing statement reflects goods not delivered to the obligor or his designee in accordance with the agreement made at the time of the transaction, a creditor may not construe such amount to be correctly shown unless he determines that such goods were actually delivered, mailed, or otherwise sent to the obligor and provides the obligor with a statement of such determination.\n\nAfter complying with the provisions of this subsection with respect to an alleged billing error, a creditor has no further responsibility under this section if the obligor continues to make substantially the same allegation with respect to such error.\n\n( b ) Billing error For the purpose of this section, a \" billing error '' consists of any of the following : ( 1 ) A reflection on a statement of an extension of credit which was not made to the obligor or, if made, was not in the amount reflected on such statement.\n\n( 2 ) A reflection on a statement of an extension of credit for which the obligor requests additional clarification including documentary evidence thereof.\n\n( 3 ) A reflection on a statement of goods or services not accepted by the obligor or his designee or not delivered to the obligor or his designee in accordance with the agreement made at the time of a transaction.\n\n( 4 ) The creditor 's failure to reflect properly on a statement a payment made by the obligor or a credit issued to the obligor.\n\n( 5 ) A computation error or similar error of an accounting nature of the creditor on a statement.\n\n( 6 ) Failure to transmit the statement required under section 1637 ( b ) of this title to the last address of the obligor which has been disclosed to the creditor, unless that address was furnished less than twenty days before the end of the billing cycle for which the statement is required.\n\n( 7 ) Any other error described in regulations of the Bureau.\n\n( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error For the purposes of this section, \" action to collect the amount, or any part thereof, indicated by an obligor under paragraph ( 2 ) '' does not include the sending of statements of account, which may include finance charges on amounts in dispute, to the obligor following written notice from the obligor as specified under subsection ( a ), if ( 1 ) the obligor 's account is not restricted or closed because of the failure of the obligor to pay the amount indicated under paragraph ( 2 ) of subsection ( a ), and ( 2 ) the creditor indicates the payment of such amount is not required pending the creditor 's compliance with this section.\n\nNothing in this section shall be construed to prohibit any action by a creditor to collect any amount which has not been indicated by the obligor to contain a billing error.\n\n( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error Pursuant to regulations of the Bureau, a creditor operating an open end consumer credit plan may not, prior to the sending of the written explanation or clarification required under paragraph ( B ) ( ii ), restrict or close an account with respect to which the obligor has indicated pursuant to subsection ( a ) that he believes such account to contain a billing error solely because of the obligor 's failure to pay the amount indicated to be in error. Nothing in this subsection shall be deemed to prohibit a creditor from applying against the credit limit on the obligor 's account the amount indicated to be in error.\n\n( e ) Effect of noncompliance with requirements by creditor Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}. \n\n( Pub. XXXX XXXX, title XXXX, XXXX, as added Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; amended Pub. XXXX XXXX, title VI XXXX ( g ), XXXX, XXXX. XXXX, XXXX, XXXX XXXX. XXXX, XXXX ; Pub. XXXX XXXX, title X, XXXX, XXXX ( XXXX ), XX/XX/XXXX, XXXX Stat. XXXX, XXXX. ) Submit Current Submit << Previous TITLE 15 / CHAPTER 41 / SUBCHAPTER I / Part D Next >> [ Print ] [ Print selection ] [ OLRC Home ] Help 15 USC CHAPTER 41, SUBCHAPTER I, Part D : Credit Billing From Title 15COMMERCE AND TRADE CHAPTER 41CONSUMER CREDIT PROTECTION SUBCHAPTER ICONSUMER CREDIT COST DISCLOSURE Part DCredit Billing 1666. Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor If a creditor, within sixty days after having transmitted to an obligor a statement of the obligor 's account in connection with an extension of consumer credit, receives at the address disclosed under section 1637 ( b ) ( 10 ) of this title a written notice ( other than notice on a payment stub or other payment medium supplied by the creditor if the creditor so stipulates with the disclosure required under section 1637 ( a ) ( 7 ) of this title ) from the obligor in which the obligor ( 1 ) sets forth or otherwise enables the creditor to identify the name and account number ( if any ) of the obligor, ( 2 ) indicates the obligor 's belief that the statement contains a billing error and the amount of such billing error, and ( 3 ) sets forth the reasons for the obligor 's belief ( to the extent applicable ) that the statement contains a billing error, the creditor shall, unless the obligor has, after giving such written notice and before the expiration of the time limits herein specified, agreed that the statement was correct ( A ) not later than thirty days after the receipt of the notice, send a written acknowledgment thereof to the obligor, unless the action required in subparagraph ( B ) is taken within such thirty-day period, and ( B ) not later than two complete billing cycles of the creditor ( in no event later than ninety days ) after the receipt of the notice and prior to taking any action to collect the amount, or any part thereof, indicated by the obligor under paragraph ( 2 ) either ( i ) make appropriate corrections in the account of the obligor, including the crediting of any finance charges on amounts erroneously billed, and transmit to the obligor a notification of such corrections and the creditor 's explanation of any change in the amount indicated by the obligor under paragraph ( 2 ) and, if any such change is made and the obligor so requests, copies of documentary evidence of the obligor 's indebtedness ; or ( ii ) send a written explanation or clarification to the obligor, after having conducted an investigation, setting forth to the extent applicable the reasons why the creditor believes the account of the obligor was correctly shown in the statement and, upon request of the obligor, provide copies of documentary evidence of the obligor 's indebtedness. In the case of a billing error where the obligor alleges that the creditor 's billing statement reflects goods not delivered to the obligor or his designee in accordance with the agreement made at the time of the transaction, a creditor may not construe such amount to be correctly shown unless he determines that such goods were actually delivered, mailed, or otherwise sent to the obligor and provides the obligor with a statement of such determination.\n\nAfter complying with the provisions of this subsection with respect to an alleged billing error, a creditor has no further responsibility under this section if the obligor continues to make substantially the same allegation with respect to such error.\n\n( b ) Billing error For the purpose of this section, a \" billing error '' consists of any of the following : ( 1 ) A reflection on a statement of an extension of credit which was not made to the obligor or, if made, was not in the amount reflected on such statement.\n\n( 2 ) A reflection on a statement of an extension of credit for which the obligor requests additional clarification including documentary evidence thereof.\n\n( 3 ) A reflection on a statement of goods or services not accepted by the obligor or his designee or not delivered to the obligor or his designee in accordance with the agreement made at the time of a transaction.\n\n( 4 ) The creditor 's failure to reflect properly on a statement a payment made by the obligor or a credit issued to the obligor.\n\n( 5 ) A computation error or similar error of an accounting nature of the creditor on a statement.\n\n( 6 ) Failure to transmit the statement required under section 1637 ( b ) of this title to the last address of the obligor which has been disclosed to the creditor, unless that address was furnished less than twenty days before the end of the billing cycle for which the statement is required.\n\n( 7 ) Any other error described in regulations of the Bureau.\n\n( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error For the purposes of this section, \" action to collect the amount, or any part thereof, indicated by an obligor under paragraph ( 2 ) '' does not include the sending of statements of account, which may include finance charges on amounts in dispute, to the obligor following written notice from the obligor as specified under subsection ( a ), if ( 1 ) the obligor 's account is not restricted or closed because of the failure of the obligor to pay the amount indicated under paragraph ( 2 ) of subsection ( a ), and ( 2 ) the creditor indicates the payment of such amount is not required pending the creditor 's compliance with this section.\n\nNothing in this section shall be construed to prohibit any action by a creditor to collect any amount which has not been indicated by the obligor to contain a billing error.\n\n( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error Pursuant to regulations of the Bureau, a creditor operating an open end consumer credit plan may not, prior to the sending of the written explanation or clarification required under paragraph ( B ) ( ii ), restrict or close an account with respect to which the obligor has indicated pursuant to subsection ( a ) that he believes such account to contain a billing error solely because of the obligor 's failure to pay the amount indicated to be in error. Nothing in this subsection shall be deemed to prohibit a creditor from applying against the credit limit on the obligor 's account the amount indicated to be in error.\n\n( e ) Effect of noncompliance with requirements by creditor Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed {$50.00}. \n\n( Pub. XXXX XXXX, title XXXX, XXXX, as added Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; amended Pub. XXXX XXXX, title VI XXXX ( g ), XXXX, XXXX. XXXX, XXXX, XXXX XXXX. XXXX, XXXX ; Pub. XXXX XXXX, title X, XXXX, XXXX ( XXXX ), XX/XX/XXXX, XXXX Stat. XXXX, XXXX. ) Editorial Notes Codification Pub XXXX XXXX, XXXX ( XXXX ), which directed the substitution of \" Bureau '' for \" Board '' wherever appearing in title I of Pub. XXXX XXXX, was executed to this section, which is section XXXX of title XXXX of XXXX. XXXX XXXX. Section 1087 of XXXX. XXXX XXXX, which directed the making of an identical amendment in title XXXX of XXXX. XXXX XXXX, which added this section to title XXXX of XXXX. XXXX XXXX, has not been executed. \n\nAmendments XXXX. ( b ) ( XXXX ), ( d ). Pub. XXXX XXXX, XXXX ( XXXX ), substituted \" Bureau '' for \" Board ''. See Codification note above. \n\nXXXX. ( a ). Pub. XXXX XXXX, XXXX ( g ), substituted \" ( b ) ( XXXX ) '' for \" ( b ) ( XXXX ) '' and \" ( a ) ( XXXX ) '' for \" ( a ) ( XXXX ) ''. \n\nXXXX. ( b ) ( XXXX ), ( XXXX ). Pub. XXXX XXXX, XXXX ( a ), added par. ( XXXX ) and redesignated former par. ( XXXX ) as ( XXXX ). \n\nXXXX. ( c ). Pub. XXXX XXXX, XXXX ( b ), inserted provisions respecting finance charges on amounts in dispute. \n\n\nStatutory Notes and Related Subsidiaries Effective Date of XXXX Amendment Amendment by Pub. XXXX XXXX effective on the designated transfer date, see section XXXX of Pub. XXXX XXXX, set out as a note under section XXXX of Title XXXX, Government Organization and Employees. \n\nEffective Date of XXXX Amendment Amendment by XXXX. XXXX XXXX effective on expiration of XXXX years and XXXX months after XXXX. XXXX, XXXX, with all regulations, forms, and clauses required to be prescribed to be promulgated at least one year prior to such effective date, and allowing any creditor to comply with any amendments, in accordance with the regulations, forms, and clauses prescribed by the Board prior to such effective date, see section 625 of XXXX. XXXX XXXX, set out as a note under section 1602 of this title. \n\nEffective Date Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX, provided that : \" This title [ enacting this section and sections XXXX to XXXX of this title, amending sections XXXX, XXXX, XXXX, XXXX, XXXX, and XXXX of this title, and enacting provision set out as a note under section XXXX of this title ] takes effect upon the expiration of one year after the date of its enactment [ XXXX XXXX, XXXX ]. '' XXXX XXXX XXXX XXXX of XXXX. XXXX XXXX, which is classified principally to this part, is known as the \" Fair Credit Billing Act ''. For complete classification of Title III to the Code, see Short Title of 1974 Amendment note set out under section 1601 of this title and Tables.\n\n1666a. Regulation of credit reports ( a ) Reports by creditor on obligor 's failure to pay amount regarded as billing error After receiving a notice from an obligor as provided in section 1666 ( a ) of this title, a creditor or his agent may not directly or indirectly threaten to report to any person adversely on the obligor 's credit rating or credit standing because of the obligor 's failure to pay the amount indicated by the obligor under section 1666 ( a ) ( 2 ) of this title, and such amount may not be reported as delinquent to any third party until the creditor has met the requirements of section 1666 of this title and has allowed the obligor the same number of days ( not less than ten ) thereafter to make payment as is provided under the credit agreement with the obligor for the payment of undisputed amounts. \n\n( b ) Reports by creditor on delinquent amounts in dispute ; notification of obligor of parties notified of delinquency If a creditor receives a further written notice from an obligor that an amount is still in dispute within the time allowed for payment under subsection ( a ) of this section, a creditor may not report to any third party that the amount of the obligor is delinquent because the obligor has failed to pay an amount which he has indicated under section 1666 ( a ) ( 2 ) of this title, unless the creditor also reports that the amount is in dispute and, at the same time, notifies the obligor of the name and address of each party to whom the creditor is reporting information concerning the delinquency. \n\n( c ) Reports by creditor of subsequent resolution of delinquent amounts A creditor shall report any subsequent resolution of any delinquencies reported pursuant to subsection ( b ) to the parties to whom such delinquencies were initially reported. \n\n( Pub. XXXX XXXX, title XXXX, XXXX, as added Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX. ) 1666b. Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.\n\n( b ) Grace period If an open end consumer credit plan provides a time period within which an obligor may repay any portion of the credit extended without incurring an additional finance charge, such additional finance charge may not be imposed with respect to such portion of the credit extended for the billing cycle of which such period is a part, unless a statement which includes the amount upon which the finance charge for the period is based was mailed or delivered to the consumer not later than 21 days before the date specified in the statement by which payment must be made in order to avoid imposition of that finance charge. \n\n( Pub. XXXX XXXX, title XXXX, XXXX, as added Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; amended Pub. XXXX XXXX, title XXXX, XXXX ( b ) ( XXXX ), XX/XX/XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX. ) Editorial Notes Amendments XXXX. XXXX XXXX amended section generally, adding provisions relating to late payments and delivery of periodic statements, substituting provisions requiring a 21-day statement delivery period for provisions requiring a 14-day period before the imposition of additional finance charges, and striking provisions relating to excusable cause for creditor 's failure to make timely mailing or delivery of periodic statements. \n\nXXXX. ( a ). Pub. XXXX XXXX inserted \" a credit card account under '' after \" payment on ''. \n\n\nXXXX XXXX and Related Subsidiaries Effective Date Pub. XXXX XXXX, title XXXX, XXXX ( b ) ( XXXX ), XX/XX/XXXX, XXXX XXXX. XXXX, provided that : \" Notwithstanding section XXXX [ see Effective Date of XXXX Amendment note set out under section 1602 of this title ], section 163 of the Truth in Lending Act [ 15 U.S.C. 1666b ], as amended by this subsection, shall become effective 90 days after the date of enactment of this AcXXXX [ XX/XX/XXXX ]. '' 1666c. Prompt and fair crediting of payments ( a ) In general Payments received from an obligor under an open end consumer credit plan by the creditor shall be posted promptly to the obligor 's account as specified in regulations of the Bureau. Such regulations shall prevent a finance charge from being imposed on any obligor if the creditor has received the obligor 's payment in readily identifiable form, by XXXXXXXX XXXX. on the date on which such payment is due, in the amount, manner, and location indicated by the creditor to avoid the imposition thereof.\n\n( b ) Application of payments ( 1 ) In general Upon receipt of a payment from a cardholder, the card issuer shall apply amounts in excess of the minimum payment amount first to the card balance bearing the highest rate of interest, and then to each successive balance bearing the next highest rate of interest, until the payment is exhausted.\n\n( 2 ) Clarification relating to certain deferred interest arrangements A creditor shall allocate the entire amount paid by the consumer in excess of the minimum payment amount to a balance on which interest is deferred during the last 2 billing cycles immediately preceding the expiration of the period during which interest is deferred.\n\n( c ) Changes by card issuer If a card issuer makes a material change in the mailing address, office, or procedures for handling cardholder payments, and such change causes a material delay in the crediting of a cardholder payment made 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 to which such payment was credited. \n\n( Pub. XXXX XXXX, title XXXX, XXXX, as added Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; amended Pub. XXXX XXXX, title XXXX, XXXX, XX/XX/XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, title X, XXXX, XXXX ( XXXX ), XX/XX/XXXX, XXXX Stat. XXXX, XXXX. ) Editorial Notes Codification Pub XXXX XXXX, XXXX ( XXXX ), which directed the substitution of \" Bureau '' for \" Board '' wherever appearing in title I of Pub. XXXX XXXX, was executed to this section, which is section 164 of title XXXX of XXXX. XXXX XXXX. Section 1087 of XXXX. XXXX XXXX, which directed the making of an identical amendment in title XXXX of XXXX. XXXX XXXX, which added this section to title XXXX of XXXX. XXXX XXXX, has not been executed. \n\nAmendments XXXX. ( a ). Pub. XXXX XXXX, XXXX ( XXXX ), substituted \" Bureau '' for \" Board ''. See Codification note above. \n\nXXXX. XXXX XXXX, XXXX ( XXXX ), substituted \" Prompt and fair crediting of payments '' for \" Prompt crediting of payments '' in section catchline, designated existing provisions as subsec. ( a ), and inserted subsec. ( a ) heading. \n\nXXXX. ( a ). Pub. XXXX XXXX, XXXX ( XXXX ), ( XXXX ), inserted \", by XXXXXXXX XXXX. on the date on which such payment is due, '' after \" in readily identifiable form '' and substituted \" manner, and location '' for \" manner, location, and time ''. \n\nXXXX. ( b ), ( c ). Pub. XXXX XXXX, XXXX ( XXXX ), added subsecs. ( b ) and ( c ). \n\n\nStatutory Notes and Related Subsidiaries Effective Date of XXXX Amendment Amendment by Pub. XXXX XXXX effective on the designated transfer date, see section XXXX of Pub. XXXX XXXX, set out as a note under section 552a of Title 5, Government Organization and Employees. \n\nEffective Date of XXXX Amendment Amendment by XXXX. XXXX XXXX effective 9 months after XX/XX/XXXX, except as otherwise specifically provided, see section XXXX of Pub. XXXX XXXX, set out as a note under section 1602 of this title.\n\n1666d. Treatment of credit balances Whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction through ( 1 ) transmittal of funds to a creditor in excess of the total balance due on an account, ( 2 ) rebates of unearned finance charges or insurance premiums, or ( 3 ) amounts otherwise owed to or held for the benefit of an obligor, the creditor shall ( A ) credit the amount of the credit balance to the consumer 's account ; ( B ) refund any part of the amount of the remaining credit balance, upon request of the consumer ; and ( C ) make a good faith effort to refund to the consumer by cash, check, or money order any part of the amount of the credit balance remaining in the account for more than XXXX months, except that no further action is required in any case in which the consumer 's current location is not known by the creditor and can not be traced through the consumer 's last known address or telephone number. \n\n( Pub. XXXX XXXX, title XXXX, XXXX, as added Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; amended Pub. XXXX XXXX, title VI, XXXX ( a ), XXXX. XXXX, XXXX, XXXX XXXX. XXXX. ) XXXX XXXX Amendments XXXX. XXXX XXXX substituted provisions relating to duties of creditor whenever a credit balance in excess of {$1.00} is created in connection with a consumer credit transaction, for provisions relating to duties of creditor whenever an obligor transmits funds to creditor in excess of the total balance due on an open end consumer credit account. \n\n\nStatutory Notes and Related Subsidiaries Effective Date of XXXX Amendment Amendment by Pub. XXXX XXXX effective on expiration of XXXX years and XXXX months after XXXX. XXXX, XXXX, with all regulations, forms, and clauses required to be prescribed to be promulgated at least XXXX year prior to such effective date, and allowing any creditor to comply with any amendments, in accordance with the regulations, forms, and clauses prescribed by the Board prior to such effective date, see section 625 of Pub. L. 96221, set out as a note under section 1602 of this title.\n\n1666e. Notification of credit card issuer by seller of return of goods, etc., by obligor ; credit for account of obligor With respect to any sales transaction where a credit card has been used to obtain credit, where the seller is a person other than the card issuer, and where the seller accepts or allows a return of the goods or forgiveness of a debit for services which were the subject of such sale, the seller shall promptly transmit to the credit card issuer, a credit statement with respect thereto and the credit card issuer shall credit the account of the obligor for the amount of the transaction. \n\n( Pub. XXXX XXXX, title XXXX, XXXX, as added Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX. ) XXXX. Inducements to cardholders by sellers of cash discounts for payments by cash, check or similar means ; finance charge for sales transactions involving cash discounts ( a ) Cash discounts With respect to credit 1 card which may be used for extensions of credit in sales transactions in which the seller is a person other than the card issuer, the card issuer may not, by contract or otherwise, prohibit any such seller from offering a discount to a cardholder to induce the cardholder to pay by cash, check, or similar means rather than use a credit card.\n\n( b ) Finance charge With respect to any sales transaction, any discount from the regular price offered by the seller for the purpose of inducing payment by cash, checks, or other means not involving the use of an open-end credit plan or a credit card shall not constitute a finance charge as determined under section 1605 of this title if such discount is offered to all prospective buyers and its availability is disclosed clearly and conspicuously. \n\n( Pub. XXXX XXXX, title XXXX, XXXX, as added Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; amended Pub. XXXX XXXX, XXXX ( c ) ( XXXX ), XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, title XXXX, XXXX, XX/XX/XXXX, XXXX XXXX. XXXX. ) Editorial Notes Amendments 1981Subsec. ( b ). Pub. L. 9725 substituted \" With respect to any sales transaction, any discount from the regular price offered by the seller for the purpose of inducing payment by cash, checks, or other means not involving the use of an open-end credit plan or a credit card shall not constitute a finance charge as determined under section 1605 of this title if such discount is offered to all prospective buyers and its availability is disclosed clearly and conspicuously '' for \" With respect to any sales transaction, any discount not in excess of 5 per centum offered by the seller for the purpose of inducing payment by cash, check, or other means not involving the use of a credit card shall not constitute a finance charge as determined under section 1605 of this title, if such discount is offered to all prospective buyers and its availability is disclosed to all prospective buyers clearly and conspicuously in accordance with regulations of the Board ''. \n\nXXXX. ( a ). Pub. XXXX XXXX temporarily designated existing provisions as par. ( XXXX ) and added par. ( XXXX ). See Termination Date of XXXX XXXX note below. \n\n\nStatutory Notes and Related Subsidiaries Termination Date of XXXX Amendment Section XXXX ( c ) ( XXXX ) of Pub. XXXX XXXX, as amended by Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; Pub. XXXX XXXX, title XXXX, XXXX, XX/XX/XXXX, XXXX XXXX. XXXX, provided that : \" The amendments made by paragraph ( XXXX ) [ amending this section ] shall cease to be effective on XX/XX/XXXX. '' Nullification of Board Rules and Regulations Under Subsection ( b ) of This Section in Effect on XX/XX/XXXX Pub. XXXX XXXX, title XXXX, XXXX, XX/XX/XXXX, XXXX XXXX. XXXX, provided that : \" Any rule or regulation of the Board of Governors of the Federal Reserve System pursuant to section 167 ( b ) of the Truth in Lending Act [ subsec. ( b ) of this section ], as such section was in effect on the day before the date of enactment of this Act [ XX/XX/XXXX ], is null and void. '' 1 So in original. Probably should be preceded by \" a ''. \n\n1666g. Tie-in services prohibited for issuance of credit card Notwithstanding any agreement to the contrary, a card issuer may not require a seller, as a condition to participating in a credit card plan, to open an account with or procure any other service from the card issuer or its subsidiary or agent. \n\n( Pub. XXXX XXXX, title XXXX, XXXX, as added Pub. XXXX XXXX, title XXXX, XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX. ) 1666h. Offset of cardholder 's indebtedness by issuer of credit card with funds deposited with issuer by cardholder ; remedies of creditors under State law not affected ( a ) Offset against consumer 's funds A card issuer may not take any action to offset a cardholder 's indebtedness arising in connection with a consumer credit transaction under the relevant credit card plan against funds of the cardholder held on deposit with the card issuer unless ( 1 ) such action was previously authorized in writing by the cardholder in accordance with a credit plan whereby the cardholder agrees periodically to pay debts incurred in his open end credit account by permitting the card issuer periodically to deduct all or a portion of such debt from the cardholder 's deposit account, and ( 2 ) such action with respect to any outstanding disputed amount not be taken by the card issuer upon request of the cardholder.\n\nIn the case of any credit card account in existence on the effective date of this section, the previous written authorization referred to in clause ( 1 ) shall not be required until the date ( after such effective date ) when such account","date_sent_to_company":"2024-11-25T18:13:02.000Z","issue":"Fees or interest","sub_product":"General-purpose credit card or charge card","zip_code":"38106","tags":null,"has_narrative":true,"complaint_id":"10928548","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"NAVY FEDERAL CREDIT UNION","date_received":"2024-11-25T18:05:08.000Z","state":"TN","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Problem with fees"},"highlight":{"complaint_what_happened":["After complying with the provisions of this subsection with respect to an <em>alleged</em> billing <em>error</em>, a creditor has no further responsibility under this section if the obligor continues to make substantially the same allegation with respect to such <em>error</em>."]},"sort":[13.543357,"10928548"]},{"_index":"complaint-public-v1","_id":"2582547","_score":12.476578,"_source":{"product":"Money transfer, virtual currency, or money service","complaint_what_happened":"To give you the general idea, my mother was conned into making 4 different wire transfers through 3 different banks to her \" boyfriend 's '' overseas friends. They used fake identity 's to pick up the funds. I have a power of attorney for her. This complaint specifically concerns Huntington Banks mishandling of the situation and misinterpretation of regulation e. The availability date on the wire made from Huntington was XX/XX/XXXX. The confirmation page we received along with supporting documentation is available upon request. We informed Huntington Bank of the error on XX/XX/XXXX, although when we called them we received a lot of responses to the effect of \" once the wire leaves our hands it is not our responsibility ''. It was n't until XX/XX/XXXX that we found someone at Huntington who could help to attempt to recall the wire. I believe under regulation e ( if i 'm reading it correctly ) a fraudulent pick up is covered and the banks are required to refund the total funds, rather than just the fee associated with the wire. We received a letter from Huntington dated XX/XX/XXXX in which Huntington agreed there was an error due to failure to make funds available by the disclosed date and refunded my mother the XXXX dollar wire transfer fee. I believe they are required to refund the whole amount rather than just the fee. Specifically I believe huntington read this section of the code : a. refund the amount of funds provided by the sender in connection with a remittance transfer which was not properly transmitted or the amount appropriate to resolve the error, or b. make available to the designated recipient, the amount appropriate to resolve the error without additional cost to the sender or the designated recipient ( 12 CFR 1005.33 ( c ) ( 2 ) ( i ) ).\nIn addition to this comment : The Bureau is revising proposed comment 33 ( c ) -4, however, to respond to a request from a Federal Reserve Bank commenter to resolve ambiguities in the relationship between the remedies in 1005.33 ( c ) ( 2 ) ( ii ) ( A ) ( 1 ) and ( 2 ) and the remedy in 1005.33 ( c ) ( 2 ) ( ii ) ( B ). Specifically, the Bureau has revised proposed comment 33 ( c ) -4, renumbered as comment 33 ( c ) -8, to clarify that the remittance transfer provider must correct the error in accordance with 1005.33 ( c ) ( 2 ) ( ii ) ( A ), as applicable. Therefore, if the remittance transfer was made available to the designated recipient, but on an untimely basis, the remedies under 1005.33 ( c ) ( 2 ) ( ii ) ( A ) would not be applicable. In that circumstance, the amount appropriate to resolve the error would be XXXX since the entire transfer amount was made available to the designated recipient. The sender 's only remedy in this case would be the refund of fees under 1005.33 ( c ) ( 2 ) ( ii ) ( B ). If, however, the funds were never made available to the designated recipient, then the sender would have one of the remedies available under 1005.33 ( c ) ( 2 ) ( ii ) ( A ) ( 1 ) or ( 2 ) in addition to the remedy of the fee refund under 1005.33 ( c ) ( 2 ) ( ii ) ( B ). The Bureau also believes the renumbering in 1005.33 ( c ) ( 2 ) should make this clear. And Interpreted it to mean that they only had to refund the wire transfer fee. I also suspect that they did not investigate the error and instead just agreed there was an error and refunded the XXXX dollar wire transfer fee, which is covered under the following paragraph : Correction without investigation. A remittance transfer provider may correct an error, without investigation, in the amount or manner alleged by the sender, or otherwise determined, to be in error, but must comply with all other applicable requirements ( Comment 33 ( c ) -10 ).\nHowever, when reading comment 33 ( a ) -4 this is what I 'm seeing : 33 ( a ) ( 1 ) ( iv ) Failure To Make Funds Available by Date of Availability Proposed 205.33 ( a ) ( 1 ) ( iv ) generally defined an error to include a remittance transfer providers failure to make funds in connection with a remittance transfer available to the designated recipient by the date of availability stated on the receipt or combined disclosure, subject to two specified exceptions, discussed below. The Board proposed comment 33 ( a ) -4 to provide examples of the circumstances that would have been considered errors under proposed 205.33 ( a ) ( 1 ) ( iv ). These circumstances included : ( i ) The late delivery of a remittance transfer after the stated date of availability or non- delivery of the transfer ; ( ii ) the deposit of a remittance transfer to the wrong account ; ( iii ) retention of the transferred funds by a recipient agent or institution after the stated date of availability, rather than making the funds available to the designated recipient ; and ( iv ) the fraudulent pick-up of a remittance transfer in a foreign country by a person other than the person identified by the sender as the designated recipient of the transfer. Fraudulent pick-up, however, did not include circumstances in which a designated recipient picks up a remittance transfer from the providers agent as authorized, but subsequently the funds are stolen from the recipient. Several industry commenters objected to the inclusion of fraudulent pick-up as an error. These commenters suggested that the remittance transfer provider should not be responsible for fraud that results in the pick-up of a remittance transfer by a person other than the designated recipient where the provider is unlikely to know or have control over all the intermediary institutions involved in the transfer or the final institution that will make the funds available to the designated recipient. Other commenters, including the OCC, suggested that this error might result in friendly fraud where a sender claims the amount was not an authorized pick- up when the pick-up was actually legitimate. The OCC was also concerned that the exposure to remittance transfer providers for this error may be aggravated in situations involving large dollar remittances and because of the long period of time that a sender could assert this error. One industry commenter noted that while there may be certain instances when fraudulent pick-up should be considered an error, there may be other circumstances when fraudulent pick-up should not be an error. In particular, this commenter suggested that where the name of the person picking up the funds does not match the name of the designated recipient set forth in the receipt, the sender should be able to assert an error. However, if an individual presents fake identification in the name of the designated recipient, this commenter stated that this fraudulent pick-up is outside of the remittance transfer providers control and therefore, should not be considered an error. Industry commenters also believed that a remittance transfer provider should not be liable for a fraudulent pick-up when a provider and its agent has complied with fraud and risk management policies and procedures. As the Board noted in the XX/XX/XXXX Proposed Rule, treating fraudulent pick- up of a remittance transfer as an error is consistent with the scope of unauthorized EFTs under 1005.2 ( m ), which includes unauthorized EFTs initiated through fraudulent means.See comment 2 ( m ) -3. Although identity theft can present a challenge to remittance transfer providers, financial institutions face similar challenges with respect to unauthorized EFTs and bear most of the risk. Moreover, similar to remittance transfers, the entity in the best position to verify the identity of the person initiating the EFT ( for example, the merchant at a store who initiates an EFT using a debit card ) may not be known or controlled by the financial institution, though such entities may have agreed to abide by system rules ( e.g., payment card network rules, ACH system rules ). However, under current laws governing EFTs, whether the financial institution knows or has control over that entity ( e.g., a merchant ) does not affect whether an EFT could be an unauthorized EFT. Similarly, the Bureau believes that whether a fraudulent pick-up should be considered an error should not be affected by the relationship between the remittance transfer provider and the entity distributing the remittance transfer to the designated recipient. Furthermore, the Bureau agrees with the Boards reasoning in theXX/XX/XXXX Proposed Rule that it is  appropriate to treat these circumstances as errors because the remittance transfer provider, rather than the sender, is in the best position to ensure that a remittance transfer is picked up only by the person designated by the sender. For example, in some models, remittance transfer providers could require or contract with the entity distributing the funds, if it is not the remittance transfer provider itself, to request and examine identification from the person picking up the funds. The Bureau believes that including fraudulent pick-up as an error would better align the remittance transfer providers incentives to prevent this occurrence with the interests of the sender. So in essence I believe all 3 banks should be liable for the money, but this complaint specifically addresses the issue in regards to Huntington bank. We have tried to request the documentation they relied on to make the decision that an error had occurred and we were greeted with another layer of incompetence. The person my mother spoke to on the phone said their documents were all internal and we were n't allowed access to any of them. On XXXX she also tried contacting the person we found that helped us the first time and that person gave a similar response. My mother is planning to talk to her again next Monday ( XXXX ) due to her being somewhat busy the first time. She is also planning to ask if there was a suspicious activity report submitted, but if the first two banks are any indication they wo n't know what that is either. I have the wire transfer confirmation pages I can attach, along with documentation of our interactions with Huntington staff upon request.\nOverall in regards to Huntington I have two complaints, the first being that they do not have the appropriate procedures, documentation, and training in place to deal with these errors, as evidenced by the fact that it took us calling multiple branches and locations to find someone capable of assisting us in the recall and in the asserting of an error, the second being that they are liable under Regulation E to refund the money which they are not doing.\nPlease contact me with any questions you may have. Thank you","date_sent_to_company":"2017-07-23T05:22:08.000Z","issue":"Fraud or scam","sub_product":"International money transfer","zip_code":"490XX","tags":null,"has_narrative":true,"complaint_id":"2582547","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"HUNTINGTON NATIONAL BANK, THE","date_received":"2017-07-23T04:38:51.000Z","state":"MI","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["The <em>Board</em> proposed comment 33 ( a ) -4 to provide examples of the circumstances that would have been considered <em>errors</em> under proposed 205.33 ( a ) ( 1 ) ( iv )."]},"sort":[12.476578,"2582547"]},{"_index":"complaint-public-v1","_id":"14284555","_score":10.039592,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XX/XX/XXXX XXXX XXXX XXXX XXXX Original Account Number is unknown DOB is XX/XX/XXXX, and the last 4 SSN is XXXX XXXXXXXX XXXX XXXX XXXXXXXX Litonia, GA XXXX Equifax : XXXX XXXX XXXX XXXXXXXX, GA XXXX Experian : XXXX XXXX XXXXXXXX, XXXX, TX XXXX TransUnion : XXXX XXXX XXXXXXXX, XXXX, PA XXXX Dear CFPB, FTC, and Credit Bureaus, I am writing to file a formal complaint against all three credit reporting agencies regarding identity theft. In XX/XX/XXXX, after discovering my identity had been stolen, I contacted all three credit reporting agencies, the original creditors, and the collection agencies. I also placed a freeze on my credit accounts and filed a police report. \n\nWith nearly 30 years of experience as a private investigator, primarily tracking fraud, I recognize the type of theft committed against me as synthetic identity theft or synthetic fraud. This form of identity theft involves fraudsters making minimum payments to gain more credit before eventually defaulting.\n\nI was severely injured with a XXXX XXXX, XXXX, ribs, and a XXXX XXXX XXXX, which resulted in two years of hospitalization for therapy, followed by an additional year due to XXXX, further surgeries, and therapy. Currently, I am still hospitalized with no set release date, which has significantly hindered my ability to communicate with the credit reporting agencies, as they only correspond by mail. Although I offered my medical information to them, they declined due to HIPAA. However, to prove my whereabouts for the past three years and resolve this nightmare, I am willing to provide your agency with access to my medical file. \n\nFurthermore, I can provide proof that my mail was compromised, including a letter from my bank stating that unknown individuals attempted to access my account from my cell phone number. The bank placed them on hold when they could not verify my password. They tried to reach me, but I was in the XXXX  at the time. My account was subsequently put on hold until I could speak with the bank and visit in person with my identification. My local branch, where I am well-known, can confirm the attempted identity theft on my account. My account was also linked for automatic payments on these fraudulent accounts, leading me to believe the two ladies hired to assist me for medical reasons had access to my address for the purpose of entering and cleaning. My home is equipped with 18 cameras that record 24/7, but footage must be backed up within seven days to avoid being recorded over.\n\n1. The account for XXXX XXXX XXXX has two different amounts listed on each report. ( XXXX ) They failed to validate the debt as requested in XXXX, and the original creditor failed to validate the dispute and the debt 2. XXXX XXXX XXXX XXXX failed to validate the debt for the XXXX XXXX, and the original creditor failed as well. XXXX  was removed from Trans Union but remains on the other agencies, with a threat to add it back onto TransUnion by the collection agency 3. XXXX XXXX and XXXX were opened by the same company. The collection agency failed to respond, and the original creditor failed to properly respond timely manner and based their findings on personal beliefs. \n4. My account with XXXX and XXXX  XXXX XXXX is the only account that belongs to me. XXXX  is not accurate for the three late payments. I spoke with them several times and have the recording with them stating it will be updated as pays as agree. My bank stopped the automatic payments after my account was flagged by the fraud department. It was money that ahd accumulated on XXXX ( for my XXXX XXXX XXXX ) that would have cleared the ayments. I was told not to worry because they cover me for ninety days.\n\n5. I am being penalized by the bureaus and they are accepting whatever creditors and collection agencies say with no valid information. None of the creditors original creditors or the collection agencies had provided me with validation of the debts or the 623 dispute and validation pursuant to the FCRA. I am also locked out of all my accounts oline and can not upload anything.\n\n6. Synthetic Identity Theft : 7. .Opens in new tab 8. This is a specific form of identity theft where fraudsters create a new identity by blending real and fabricated information.\n\n9.\n\n10. \" Clean '' Credit Building : 11. .Opens in new tab 12. The fraudsters may initially make small purchases and pay them off on time to establish a good credit score and build trust with the financial system.\n\n13.\n\n14. Defaulting on Larger Loans : 15. .Opens in new tab 16. Once a good credit history is established, the fraudsters will then attempt to obtain larger loans or credit lines, which they often default on, causing significant financial losses.\n\n17. This type of fraud is difficult to detect because it involves a combination of real and fake information, making it harder to trace back to a single individual.\n\n18. Other terms related to this type of fraud include : 19. Account Takeover : 20. .Opens in new tab 21. While this term refers to gaining control of an existing account, it can also be part of synthetic identity theft if the fraudulent account is created from scratch using a stolen identity.\n\n22. Payment Fraud : 23. .Opens in new tab 24. This is a broader term that encompasses any fraudulent activity involving payments, including synthetic identity theft.\n\n25. Address Fraud : This specific type of identity theft leverages the victim 's address for illegal activities. Examples include mail forwarding fraud, where mail is redirected to the fraudster, package interception after goods are ordered online with stolen credit card details, and using the address to open accounts or obtain credit in the victim 's name.\n\n26. Opening New Accounts or Making Purchases : Using the victim 's information to apply for credit cards, bank accounts, or loans, and potentially intercepting related mail.\n\n27. Other Schemes : The address can be used in various fraud schemes, such as bank account fraud, school enrollment fraud, or insurance fraud.\n\n28. Warning signs of address fraud or identity theft : 29. Receiving mail or packages not intended for you.\n\n30. Finding unfamiliar accounts or charges on your financial statements or credit report.\n\n31. Missing or tampered mail.\n\n32. Receiving debt collection notices for unknown accounts or loans.\n\n33. Unauthorized inquiries or new accounts on your credit report linked to your address.\n\n34. Lack of dedicated resources : White-collar crimes, including fraud, have historically received less attention and resources compared to violent crimes within victim advocacy and law enforcement.\n\n35. Victim vulnerability : handicap individuals, often targeted in financial fraud, who is barely home, and underreport their victimization.\n\nReasons Fraudulent Accounts Might Be Misidentified as Valid : Sophistication of Fraud Schemes : Modern fraud methods, such as synthetic identity theft, can be incredibly complex and difficult for investigators to detect.\n\nData Limitations and Inconsistencies : Lack of complete and accurate fraud data can make it hard to identify the total extent of fraudulent activity.\n\nAdministrative Errors : Processes for tracking and reporting fraud may have limitations, potentially leading to errors or delays in recognizing fraudulent accounts.\n\nConsequences for Victims : Financial Loss : Victims may face financial losses due to fraudulent transactions and damage to their credit history.\n\nEmotional and Psychological Distress : Victims often experience XXXX, XXXX, XXXX, and a sense of violation when their identity is compromised. \nDifficulties in Resolution : Correcting fraudulent accounts can be a challenging and time-consuming process.\n\nDebt Validation Requirement : The Fair Debt Collection Practices Act ( FDCPA ) and the CFPB 's Debt Collection Rule require debt collectors to provide consumers with specific information about the debt, known as \" validation information ''.\n\nTimeline for Providing Validation Information : Generally, this information should be provided in a written notice either as the initial communication or within five days of the debt collector 's first contact with the consumer.\n\nConsequences of Failure to Validate : Ceasing Collection Activities : If a debt collector fails to validate a debt when requested to do so within the specified time frame, they must cease collection activities.\n\nCFPB Enforcement Actions : The CFPB brings enforcement actions against companies that violate debt validation requirements, including failure to provide timely notices and mishandling disputes.\n\nConsumer Remedies : Consumers who are not provided timely debt validation or whose disputes are mishandled may be entitled to financial relief and potential lawsuits against the debt collector.\n\n15 U.S.C. 1692g The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer XXXX XXXX provided me a copy of the validation they claimed they sent on XX/XX/XXXX, which is not sufficient. Even if they allege they mailed it bills alone is not sufficient to validate the debt, which is probably why it was removed from once report. \nWhile copies of credit card billing statements can be a component of debt validation, they alone may not be sufficient to fulfill the requirements for validating a debt under the Fair Debt Collection Practices Act ( FDCPA ).\n\nWhat constitutes valid debt validation?\n\nDebt validation involves a debt collector providing clear and accurate documentation to prove that you owe a specific debt and they have the legal right to collect it. According to the FDCPA and related regulations, this documentation generally includes : A copy of the original credit agreement : This could be the original credit card agreement signed by you.\n\nDocumentation showing the collector 's right to pursue the debt : If the debt has been sold, this would include records demonstrating the chain of ownership.\n\nA detailed accounting of the total amount owed : This includes the original debt amount, interest, fees, payments, and credits since a specific date ( the \" itemization date '' ).\n\nDuty to Provide CRAs with Accurate Information Prohibition on Reporting Inaccurate Information. Section 623 ( a ) of the FCRA generally prohibits a person from furnishing inaccurate information to a CRA. The standards for the prohibition differ, depending on whether the person specifies an address for receipt of notices from consumers concerning inaccurate information. If the person specifies such an address, it may not furnish information relating to a consumer to any CRA, if ( a ) the consumer notified the person, at the specified address, that the information is inaccurate, and ( b ) the information is, in fact, inaccurate.18 If the person does not specify such an address, the FCRA prohibits the person from reporting information to a CRA if the furnisher knows or has reasonable cause to believe that the information is inaccurate.19 The statute defines reasonable cause to believe that the information is inaccurate to mean having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information.20 Duty to Promptly Correct and Update Information. Section 623 ( a ) of the FCRA also requires a person who regularly furnishes information to CRAs to promptly notify a CRA if the person determines the previously furnished information is not complete or accurate.21 The person must then provide corrected information and ensure it does not refurnish the incomplete or inaccurate information.\n\nDuty to Provide Notice of Dispute. If a consumer disputes the completeness or accuracy of furnished information, the furnisher must provide a notice of the dispute to the CRAs when furnishing the disputed information.22 Duty to Provide Notice of Accounts Closed Voluntarily. A person who regularly furnishes information to CRAs must notify the CRAs when a consumer voluntarily closes a credit account.23 This notice must be included in the information regularly furnished for the period in which the account is closed.\n\nDuty to Provide Dates of Delinquency. When an account is placed for collection, is charged to profit or loss, or a similar action is taken, and that delinquency is furnished to a CRA, the furnisher must notify the CRA of the date of delinquency on the account no later than 90 days after furnishing the information.24 This date is the month and year the account first becomes delinquent, not when the creditor places the account for collections, charges the account to profit or loss, or takes a similar action.25 Duty to Prevent Repollution of Consumer Reports. If a consumer submits an identity theft report to a furnisher indicating that furnished information resulted from identity theft, the furnisher must not report the information to the CRAs unless the furnisher subsequently knows or is informed by the consumer that the information is correct.26 In addition, furnishers are required to maintain reasonable procedures to respond to notifications from the CRAs relating to information that results from identify theft to prevent refurnishing this information.\n\nDuty to Provide the Customer with a Notice about Negative Information Duty to Provide a Notice to the Customer. If a financial institution that extends credit and regularly furnishes information to a nationwide CRA furnishes negative information to the CRAs about a credit extension, the financial institution must provide a clear and conspicuous written notice to the customer indicating that it furnished negative information to the CRAs.27 The term negative information means information concerning a customers delinquencies, late payments, insolvency, or any form of default.28 Timing of Notice. The financial institution must provide the notice to the customer no later than 30 days after furnishing the negative information to a CRA. After providing the notice, the financial institution is not required to send the customer additional notices if it furnishes additional negative information to the CRAs about the same transaction, credit extension, account, or customer.29 Format of Notice. The notice generally may be included on or with any notice of default, any billing statement, or any other materials provided to the customers ; however, if the notice is provided to the customer prior to furnishing the negative information to a CRA, the notice may not be included in the initial disclosures provided under Section 127 ( a ) of the Truth in Lending Act.30 Two model forms ( Model Notices of Furnishing Negative Information ) are available in Appendix B of Regulation V.31 Although use of the model forms is not required, a financial institution is deemed to comply with the requirements if it uses one of the model forms.32 Duty to Implement Reasonable Policies and Procedures Regulation V requires furnishers to establish and implement reasonable written policies and procedures regarding the accuracy and integrity of the consumer information furnished to CRAs.33 Accuracy means that the information the furnisher provides to a CRA correctly : Identifies the appropriate consumer ; Reflects the accounts terms and liability ; and Reflects the consumers performance with respect to the account.34 Integrity means the information the furnisher provides to a CRA : Is substantiated by the furnishers records at the time it is furnished ; Is in a form designed to minimize the likelihood that the information may be incorrectly reflected in a consumer report ; Includes the information in the furnishers possession regarding the credit limit, if applicable ; and Includes any other information in the furnishers possession that the Bureau has determined the absence of which would likely be materially misleading in evaluating a consumers creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.35 Regulation V requires that the furnishers policies and procedures be appropriate to the nature, size, complexity, and scope of its activities.36 In developing the policies and procedures, a furnisher must consider the Interagency Guidelines Concerning the Accuracy and Integrity of Information Furnished to Consumer Reporting Agencies found in Appendix E of Regulation V ( Interagency Guidelines ), and incorporate those guidelines, as appropriate. Each furnisher must also review its policies and procedures periodically and update them as necessary to ensure their continued effectiveness.\n\nThe Interagency Guidelines include : Using standard data reporting formats and standard procedures for compiling and furnishing data, where feasible, such as electronic transmission of information about consumers to CRAs ; Deleting, updating, and correcting information in the furnishers records, as appropriate, to avoid furnishing inaccurate information ; Conducting reasonable investigations of disputes ; Establishing and implementing appropriate internal controls regarding the accuracy and integrity of information about consumers furnished to CRAs, such as by implementing standard procedures and verifying random samples of information provided to CRAs ; and Training staff that participates in activities related to the furnishing of information about consumers to CRAs.37 Duty to Investigate Disputes Filed Directly with the Furnisher The FCRA and Regulation V generally require a furnisher to conduct a reasonable investigation of a dispute submitted directly to a furnisher by a consumer concerning the accuracy of any information contained in a consumer report and pertaining to an account or other relationship that the furnisher has or had with the consumer ( direct dispute ) .38 Covered Disputes. A furnisher is required to investigate if the dispute relates to : The consumers liability for a credit account or other debt with the furnisher ; The terms of a credit account or other debt with the furnisher ; The consumers performance or other conduct concerning an account or other relationship with the furnisher ; or Any other information contained in a consumer report for an account or other relationship with the furnisher that bears on the consumers creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.39 The direct dispute rule does not apply if the dispute relates to the consumers identifying information, the identity of past or present employers, or inquiries or requests for a consumer report. It also does not apply to disputes relating to information that is derived from public records, provided to a CRA by another furnisher, or related to fraud alerts or active duty alerts.40 Finally, the rule does not apply if the furnisher has a reasonable belief that the direct dispute is submitted by a credit repair organization, is prepared on behalf of the consumer by a credit repair organization, or is submitted on a form supplied to the consumer by a credit repair organization.41 Consumers Obligation to Submit a Proper Notice of Dispute. A furnisher is required to investigate the dispute only if the consumer submitted the dispute notice to one of the following addresses : An address the furnisher provided that is listed on the consumer report ; An address the furnisher clearly and conspicuously identified for submitting direct disputes that is provided to the consumer in writing or, if the consumer agrees, electronically ; or If no address is specified, any business address of the furnisher.42 Moreover, the consumers dispute notice must include : Sufficient information to identify the account or other relationship in dispute ; The specific information being disputed ; An explanation of the basis for the dispute ; and All supporting documentation reasonably required by the furnisher to substantiate the basis of the dispute.43 Furnishers Duty to Investigate. Upon receiving a consumers proper notice of dispute, the furnisher must conduct a reasonable investigation of the dispute.44 The furnisher also must review all relevant information provided by the consumer with the dispute notice.\n\nThe furnisher has 30 days from the receipt of the dispute notice ( with the possibility for a 15-day extension under certain circumstances ) to complete the investigation and report the results to the consumer.45 If the furnisher finds that the information reported was inaccurate, the furnisher must promptly notify each CRA to which it provided the inaccurate information of the determination and provide the changes necessary to make the information accurate.46 Exception for Frivolous or Irrelevant Disputes. A furnisher is not required to investigate a direct dispute if the furnisher has reasonably determined that the dispute is frivolous or irrelevant.47 Under Regulation V, a dispute is frivolous or irrelevant if the dispute notice ( 1 ) does not contain sufficient information to investigate the dispute, ( 2 ) raises a dispute about information exempted from the rule, or ( 3 ) raises a dispute that is substantially the same as a dispute previously submitted by the consumer and resolved in accordance with the regulations. If the furnisher determines that a dispute is frivolous or irrelevant, the furnisher has five business days to notify the consumer of its determination. The notice must include the reasons for the determination and identify any information required to investigate the disputed information.\n\nDuty to Investigate Disputes Filed with CRAs The FCRA requires furnishers to investigate consumer disputes filed with the CRAs about information the furnishers provided.48 More specifically, when a furnisher receives notice from a CRA that a consumer disputes the completeness or accuracy of information the furnisher provided to the CRA , the furnisher must investigate the disputed information, review all relevant information the CRA provided, and report the results of its investigation to the CRA.49 If the furnisher determines the information it provided was incomplete or inaccurate, the furnisher must notify all nationwide CRAs to which the information was furnished of its findings.50 Finally, if the furnisher determines the disputed information is inaccurate or incomplete or can not be verified, the furnisher must promptly modify or delete the information or permanently block the reporting of that information.51 The furnisher generally has 30 days from the date the consumer filed the dispute with the CRA to complete its investigation and make appropriate notifications, but the investigation period may be extended an additional 15 days in some circumstances.52 EQUAL CREDIT OPPORTUNITY ACT/REGULATION B Regulation B, which implements the ECOA, imposes certain obligations on creditors that furnish credit information to CRAs.53 In addition, Regulation B prohibits discrimination on a prohibited basis regarding any aspect of a\ncredit transaction.54 At the federal level, the Board, FDIC, OCC, and NCUA have supervisory authority for ECOA and Regulation B for depository institutions with assets of {$10.00} XXXX or less.55 For depository institutions with assets over {$10.00} XXXX, the Bureau has this authority. Also, if any of these agencies has reason to believe that the creditor engaged in a pattern or practice of discrimination, then the agency must refer the matter to the U.S. Department of Justice.56 The Board has referred one matter involving discrimination on the basis of sex and marital status in credit reporting.57 In this matter, the creditor failed to provide information to CRAs about the payment history of spouses ( almost all of whom were women ) who were contractually obligated on the note.\n\nIn addition to the federal regulators, private plaintiffs have the right to file lawsuits under the ECOA.58 Violations of Regulation B can subject creditors to civil liability for actual and punitive damages in individual and class actions.59 If a furnisher fails to comply with the regulation because of an inadvertent error, there is no violation.60 The term inadvertent error means a mechanical, electronic, or clerical error that a creditor demonstrates was not intentional and occurred notwithstanding the maintenance of procedures reasonably adapted to avoid such errors,61 but it does not include an error of legal judgment.62 Upon discovering the error, the furnisher must correct it as soon as possible.\n\nCoverage Regulation B applies to a creditor, which is broadly defined to mean a person who, in the ordinary course of business, regularly participates in a credit decision, including setting the terms of the credit.63 The Official Staff Commentary to the regulation clarifies that the furnisher requirements only apply to consumer credit.64 Moreover, they apply only to creditors that opt to furnish credit information to CRAs or to other creditors ; a creditor is not required to furnish credit information on its accounts.\n\nDuties for Accounts Held or Used by Spouses Section 1002.10 of Regulation B imposes three obligations on creditors furnishing consumer credit information to the CRAs for accounts held or used by spouses.\n\nFirst, a creditor must designate accounts to reflect both spouses participation in the accounts in the following circumstances : For new accounts, when the spouse is an authorized user or is contractually liable on the account ( except as a guarantor, surety, endorser, or similar party ) ; and For existing accounts, when one of the spouses makes a written request to reflect both spouses participation on the account. In this situation, the furnisher must change the designation on the account within 90 days after receiving the written request.65 Second, when an account is designated to reflect the participation of both spouses, the creditor must furnish the information to the CRAs in a way that enables the CRAs to provide access to the information in the name of each spouse.66 Finally, if a creditor receives an inquiry about an account that reflects both spouses participating, the creditor must furnish the information in the name of the spouse for whom the information is requested.67 For example, if the inquiry concerns an account on which a husband and wife both participate, and the inquiry specifically is about the wife, the creditor must provide the information in the wifes name.\n\nProhibition on Discrimination In addition to the specific furnisher provisions, Regulation B broadly prohibits creditors from discriminating in any aspect of the credit transaction on any prohibited basis.68 The term credit transaction includes the furnishing of credit information.69 The term prohibited basis means race, color, religion, national origin, sex, marital status, or age ( provided that the applicant has the capacity to enter into a binding contract ) ; the applicants receipt of income, in whole or part, from any public assistance program ; or the applicants exercise in good faith of a right under the Consumer Credit Protection Act or any state law upon which an exemption has been granted by the [ Bureau ] .70 This general rule covers, for example, the administration of accounts and the treatment of delinquent or slow accounts.71 CONCLUSION Credit reports play an important role for consumers and creditors. Specific provisions of the CARES Act, the FCRA, Regulation V, the ECOA, and Regulation B are designed to ensure the fairness and accuracy of these reports. Financial institutions that furnish information to the CRAs should have adequate policies and procedures in place to ensure that they are complying with these requirements, including procedures to periodically test systems to verify compliance. Compliance with the credit reporting laws can promote fair and efficient access to credit, benefiting consumers and creditors alike. Specific questions should be addressed to your primary regulator.\n\nENDNOTES 1 Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., implemented in part by Regulation V, 12 C.F.R. Part 1022. Most of the furnisher requirements discussed in this article under Section 623 of the FCRA ( 15 U.S.C. 1681s-2 ) do not have implementing regulations, so furnishers must focus on the statutory requirements.\n\n2 Equal Credit Reporting Act, 15 U.S.C. 1691 et seq., implemented by Regulation B, 12 C.F.R. Part 1002. In addition, under the ECOA, Regulation B ( 12 C.F.R. 1002.9 ), and the FCRA ( 15 U.S.C. 1681m ), consumers and businesses applying for credit must be provided notice of the reasons a creditor took adverse action on the application or on an existing credit account in certain circumstances.\n\n3 Coronavirus Aid, Relief, and Economic Security ( CARES ) Act, Pub. L. No. 116-136, 134 Stat. 281 ( March 27, 2020 ).\n\n4 Section 4021 of the CARES Act amended Section 623 ( a ) ( 1 ) of the FCRA ( 15 U.S.C. 1681s2 ( a ) ( 1 ) ).\n\n5 Kenneth Benton and Casey McHugh, Federal Reserve Bank of Philadelphia , Furnishers Compliance Obligations for Consumer Credit Information under the FCRA and ECOA, Consumer Compliance Outlook ( Second Quarter 2012 ).\n\n6 See 15 U.S.C. 1681s ( b ), 1681s-2 ( d ).\n\n7 See 15 U.S.C. 1681s ( c ), 1681s-2 ( d ).\n\n8 See 15 U.S.C. 1681s-2 ( c ).\n\n9 See 15 U.S.C. 1681a ( b ).\n\n10 See 15 U.S.C. 1681a ( c ).\n\n11 See 15 U.S.C. 1681a ( f ).\n\n12 See 12 C.F.R. 1022.41 ( c ). An entity is not a furnisher when it : ( 1 ) provides information to a consumer reporting agency solely to obtain a consumer report in accordance with Sections 604 ( a ) and ( f ) of the FCRA ; ( 2 ) is acting as a consumer reporting agency as defined in Section 603 ( f ) of the FCRA ; ( 3 ) is a consumer to whom the furnished information pertains; or ( 4 ) is a neighbor, friend, or associate of the consumer, or another individual with whom the consumer is acquainted or who may have knowledge about the consumer, and who provides information about the consumers character, general reputation, personal characteristics, or mode of living in response to a specific request from a consumer reporting agency.\n\n13 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( F ), as added by Section 4021 of the CARES Act.\n\n14 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( F ) ( i ) ( I ).\n\n15 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( F ) ( i ) ( II ). Under the National Emergencies Act, an emergency declaration will automatically terminate on the one-year anniversary of the declaration if the President does not extend it during the 90-day period before the anniversary. 50 U.S.C. 1622 ( d ). An emergency declaration can also be terminated by a joint resolution of Congress enacted into law or by a Presidential proclamation. 50 U.S.C. 1622 ( a ).\n\n16 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( F ) ( iii ).\n\n17 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( F ) ( ii ).\n\n18 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( B ). FCRA does not require a person to specify an address for receipt of notices from consumers concerning inaccurate information. 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( C ).\n\n19 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ).\n\n20 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( D ).\n\n21 See 15 U.S.C. 1681s-2 ( a ) ( 2 ) ( B ).\n\n22 See 15 U.S.C. 1681s-2 ( a ) ( 3 ).\n\n23 See 15 U.S.C. 1681s-2 ( a ) ( 4 ).\n\n24 See 15 U.S.C. 1681s-2 ( a ) ( 5 ).\n\n25 See 15 U.S.C. 1681c ( a ).\n\n26 See 15 U.S.C. 1681s-2 ( a ) ( 6 ).\n\n27 See 15 U.S.C. 1681s-2 ( a ) ( 7 ).\n\n28 See 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( G ) ( i ).\n\n29 See 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( A ) - ( B ).\n\n30 See 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( B ) ( ii ) and ( C ) ( i ).\n\n31 See 12 C.F.R. Part 1022, Appendix B Model Notices of Furnishing Negative Information.\n\n32 See 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( D ).\n\n33 See 12 C.F.R. 1022.42. The FCRA requires the Bureau to establish and maintain guidelines for furnishers regarding the accuracy","date_sent_to_company":"2025-08-08T15:56:18.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"30058","tags":null,"has_narrative":true,"complaint_id":"14284555","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2025-06-25T21:49:56.000Z","state":"GA","company_public_response":null,"sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["In addition to the federal regulators, private plaintiffs have the right to file lawsuits under the ECOA.58 Violations of <em>Regulation</em> B can <em>subject</em> creditors to civil liability for actual and punitive damages in individual and class actions.59 If a furnisher fails to comply with the <em>regulation</em> because of an inadvertent <em>error</em>, there is no violation.60 The term inadvertent <em>error</em> means a mechanical, electronic, or clerical <em>error</em> that a creditor demonstrates was not intentional and occurred notwithstanding"]},"sort":[10.039592,"14284555"]},{"_index":"complaint-public-v1","_id":"14284554","_score":10.039592,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XX/XX/XXXX XXXX XXXX XXXX XXXX Original Account Number is unknown DOB is XX/XX/XXXX, and the last 4 SSN is XXXX XXXXXXXX XXXX XXXX XXXXXXXX Litonia, GA XXXX Equifax : XXXX XXXX XXXX XXXXXXXX, GA XXXX Experian : XXXX XXXX XXXXXXXX, XXXX, TX XXXX TransUnion : XXXX XXXX XXXXXXXX, XXXX, PA XXXX Dear CFPB, FTC, and Credit Bureaus, I am writing to file a formal complaint against all three credit reporting agencies regarding identity theft. In XX/XX/XXXX, after discovering my identity had been stolen, I contacted all three credit reporting agencies, the original creditors, and the collection agencies. I also placed a freeze on my credit accounts and filed a police report. \n\nWith nearly 30 years of experience as a private investigator, primarily tracking fraud, I recognize the type of theft committed against me as synthetic identity theft or synthetic fraud. This form of identity theft involves fraudsters making minimum payments to gain more credit before eventually defaulting.\n\nI was severely injured with a XXXX XXXX, XXXX, ribs, and a XXXX XXXX XXXX, which resulted in two years of hospitalization for therapy, followed by an additional year due to XXXX, further surgeries, and therapy. Currently, I am still hospitalized with no set release date, which has significantly hindered my ability to communicate with the credit reporting agencies, as they only correspond by mail. Although I offered my medical information to them, they declined due to HIPAA. However, to prove my whereabouts for the past three years and resolve this nightmare, I am willing to provide your agency with access to my medical file. \n\nFurthermore, I can provide proof that my mail was compromised, including a letter from my bank stating that unknown individuals attempted to access my account from my cell phone number. The bank placed them on hold when they could not verify my password. They tried to reach me, but I was in the XXXX  at the time. My account was subsequently put on hold until I could speak with the bank and visit in person with my identification. My local branch, where I am well-known, can confirm the attempted identity theft on my account. My account was also linked for automatic payments on these fraudulent accounts, leading me to believe the two ladies hired to assist me for medical reasons had access to my address for the purpose of entering and cleaning. My home is equipped with 18 cameras that record 24/7, but footage must be backed up within seven days to avoid being recorded over.\n\n1. The account for XXXX XXXX XXXX has two different amounts listed on each report. ( XXXX ) They failed to validate the debt as requested in XXXX, and the original creditor failed to validate the dispute and the debt 2. XXXX XXXX XXXX XXXX failed to validate the debt for the XXXX XXXX, and the original creditor failed as well. XXXX  was removed from Trans Union but remains on the other agencies, with a threat to add it back onto TransUnion by the collection agency 3. XXXX XXXX and XXXX were opened by the same company. The collection agency failed to respond, and the original creditor failed to properly respond timely manner and based their findings on personal beliefs. \n4. My account with XXXX and XXXX  XXXX XXXX is the only account that belongs to me. XXXX  is not accurate for the three late payments. I spoke with them several times and have the recording with them stating it will be updated as pays as agree. My bank stopped the automatic payments after my account was flagged by the fraud department. It was money that ahd accumulated on XXXX ( for my XXXX XXXX XXXX ) that would have cleared the ayments. I was told not to worry because they cover me for ninety days.\n\n5. I am being penalized by the bureaus and they are accepting whatever creditors and collection agencies say with no valid information. None of the creditors original creditors or the collection agencies had provided me with validation of the debts or the 623 dispute and validation pursuant to the FCRA. I am also locked out of all my accounts oline and can not upload anything.\n\n6. Synthetic Identity Theft : 7. .Opens in new tab 8. This is a specific form of identity theft where fraudsters create a new identity by blending real and fabricated information.\n\n9.\n\n10. \" Clean '' Credit Building : 11. .Opens in new tab 12. The fraudsters may initially make small purchases and pay them off on time to establish a good credit score and build trust with the financial system.\n\n13.\n\n14. Defaulting on Larger Loans : 15. .Opens in new tab 16. Once a good credit history is established, the fraudsters will then attempt to obtain larger loans or credit lines, which they often default on, causing significant financial losses.\n\n17. This type of fraud is difficult to detect because it involves a combination of real and fake information, making it harder to trace back to a single individual.\n\n18. Other terms related to this type of fraud include : 19. Account Takeover : 20. .Opens in new tab 21. While this term refers to gaining control of an existing account, it can also be part of synthetic identity theft if the fraudulent account is created from scratch using a stolen identity.\n\n22. Payment Fraud : 23. .Opens in new tab 24. This is a broader term that encompasses any fraudulent activity involving payments, including synthetic identity theft.\n\n25. Address Fraud : This specific type of identity theft leverages the victim 's address for illegal activities. Examples include mail forwarding fraud, where mail is redirected to the fraudster, package interception after goods are ordered online with stolen credit card details, and using the address to open accounts or obtain credit in the victim 's name.\n\n26. Opening New Accounts or Making Purchases : Using the victim 's information to apply for credit cards, bank accounts, or loans, and potentially intercepting related mail.\n\n27. Other Schemes : The address can be used in various fraud schemes, such as bank account fraud, school enrollment fraud, or insurance fraud.\n\n28. Warning signs of address fraud or identity theft : 29. Receiving mail or packages not intended for you.\n\n30. Finding unfamiliar accounts or charges on your financial statements or credit report.\n\n31. Missing or tampered mail.\n\n32. Receiving debt collection notices for unknown accounts or loans.\n\n33. Unauthorized inquiries or new accounts on your credit report linked to your address.\n\n34. Lack of dedicated resources : White-collar crimes, including fraud, have historically received less attention and resources compared to violent crimes within victim advocacy and law enforcement.\n\n35. Victim vulnerability : handicap individuals, often targeted in financial fraud, who is barely home, and underreport their victimization.\n\nReasons Fraudulent Accounts Might Be Misidentified as Valid : Sophistication of Fraud Schemes : Modern fraud methods, such as synthetic identity theft, can be incredibly complex and difficult for investigators to detect.\n\nData Limitations and Inconsistencies : Lack of complete and accurate fraud data can make it hard to identify the total extent of fraudulent activity.\n\nAdministrative Errors : Processes for tracking and reporting fraud may have limitations, potentially leading to errors or delays in recognizing fraudulent accounts.\n\nConsequences for Victims : Financial Loss : Victims may face financial losses due to fraudulent transactions and damage to their credit history.\n\nEmotional and Psychological Distress : Victims often experience XXXX, XXXX, XXXX, and a sense of violation when their identity is compromised. \nDifficulties in Resolution : Correcting fraudulent accounts can be a challenging and time-consuming process.\n\nDebt Validation Requirement : The Fair Debt Collection Practices Act ( FDCPA ) and the CFPB 's Debt Collection Rule require debt collectors to provide consumers with specific information about the debt, known as \" validation information ''.\n\nTimeline for Providing Validation Information : Generally, this information should be provided in a written notice either as the initial communication or within five days of the debt collector 's first contact with the consumer.\n\nConsequences of Failure to Validate : Ceasing Collection Activities : If a debt collector fails to validate a debt when requested to do so within the specified time frame, they must cease collection activities.\n\nCFPB Enforcement Actions : The CFPB brings enforcement actions against companies that violate debt validation requirements, including failure to provide timely notices and mishandling disputes.\n\nConsumer Remedies : Consumers who are not provided timely debt validation or whose disputes are mishandled may be entitled to financial relief and potential lawsuits against the debt collector.\n\n15 U.S.C. 1692g The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer XXXX XXXX provided me a copy of the validation they claimed they sent on XX/XX/XXXX, which is not sufficient. Even if they allege they mailed it bills alone is not sufficient to validate the debt, which is probably why it was removed from once report. \nWhile copies of credit card billing statements can be a component of debt validation, they alone may not be sufficient to fulfill the requirements for validating a debt under the Fair Debt Collection Practices Act ( FDCPA ).\n\nWhat constitutes valid debt validation?\n\nDebt validation involves a debt collector providing clear and accurate documentation to prove that you owe a specific debt and they have the legal right to collect it. According to the FDCPA and related regulations, this documentation generally includes : A copy of the original credit agreement : This could be the original credit card agreement signed by you.\n\nDocumentation showing the collector 's right to pursue the debt : If the debt has been sold, this would include records demonstrating the chain of ownership.\n\nA detailed accounting of the total amount owed : This includes the original debt amount, interest, fees, payments, and credits since a specific date ( the \" itemization date '' ).\n\nDuty to Provide CRAs with Accurate Information Prohibition on Reporting Inaccurate Information. Section 623 ( a ) of the FCRA generally prohibits a person from furnishing inaccurate information to a CRA. The standards for the prohibition differ, depending on whether the person specifies an address for receipt of notices from consumers concerning inaccurate information. If the person specifies such an address, it may not furnish information relating to a consumer to any CRA, if ( a ) the consumer notified the person, at the specified address, that the information is inaccurate, and ( b ) the information is, in fact, inaccurate.18 If the person does not specify such an address, the FCRA prohibits the person from reporting information to a CRA if the furnisher knows or has reasonable cause to believe that the information is inaccurate.19 The statute defines reasonable cause to believe that the information is inaccurate to mean having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of the information.20 Duty to Promptly Correct and Update Information. Section 623 ( a ) of the FCRA also requires a person who regularly furnishes information to CRAs to promptly notify a CRA if the person determines the previously furnished information is not complete or accurate.21 The person must then provide corrected information and ensure it does not refurnish the incomplete or inaccurate information.\n\nDuty to Provide Notice of Dispute. If a consumer disputes the completeness or accuracy of furnished information, the furnisher must provide a notice of the dispute to the CRAs when furnishing the disputed information.22 Duty to Provide Notice of Accounts Closed Voluntarily. A person who regularly furnishes information to CRAs must notify the CRAs when a consumer voluntarily closes a credit account.23 This notice must be included in the information regularly furnished for the period in which the account is closed.\n\nDuty to Provide Dates of Delinquency. When an account is placed for collection, is charged to profit or loss, or a similar action is taken, and that delinquency is furnished to a CRA, the furnisher must notify the CRA of the date of delinquency on the account no later than 90 days after furnishing the information.24 This date is the month and year the account first becomes delinquent, not when the creditor places the account for collections, charges the account to profit or loss, or takes a similar action.25 Duty to Prevent Repollution of Consumer Reports. If a consumer submits an identity theft report to a furnisher indicating that furnished information resulted from identity theft, the furnisher must not report the information to the CRAs unless the furnisher subsequently knows or is informed by the consumer that the information is correct.26 In addition, furnishers are required to maintain reasonable procedures to respond to notifications from the CRAs relating to information that results from identify theft to prevent refurnishing this information.\n\nDuty to Provide the Customer with a Notice about Negative Information Duty to Provide a Notice to the Customer. If a financial institution that extends credit and regularly furnishes information to a nationwide CRA furnishes negative information to the CRAs about a credit extension, the financial institution must provide a clear and conspicuous written notice to the customer indicating that it furnished negative information to the CRAs.27 The term negative information means information concerning a customers delinquencies, late payments, insolvency, or any form of default.28 Timing of Notice. The financial institution must provide the notice to the customer no later than 30 days after furnishing the negative information to a CRA. After providing the notice, the financial institution is not required to send the customer additional notices if it furnishes additional negative information to the CRAs about the same transaction, credit extension, account, or customer.29 Format of Notice. The notice generally may be included on or with any notice of default, any billing statement, or any other materials provided to the customers ; however, if the notice is provided to the customer prior to furnishing the negative information to a CRA, the notice may not be included in the initial disclosures provided under Section 127 ( a ) of the Truth in Lending Act.30 Two model forms ( Model Notices of Furnishing Negative Information ) are available in Appendix B of Regulation V.31 Although use of the model forms is not required, a financial institution is deemed to comply with the requirements if it uses one of the model forms.32 Duty to Implement Reasonable Policies and Procedures Regulation V requires furnishers to establish and implement reasonable written policies and procedures regarding the accuracy and integrity of the consumer information furnished to CRAs.33 Accuracy means that the information the furnisher provides to a CRA correctly : Identifies the appropriate consumer ; Reflects the accounts terms and liability ; and Reflects the consumers performance with respect to the account.34 Integrity means the information the furnisher provides to a CRA : Is substantiated by the furnishers records at the time it is furnished ; Is in a form designed to minimize the likelihood that the information may be incorrectly reflected in a consumer report ; Includes the information in the furnishers possession regarding the credit limit, if applicable ; and Includes any other information in the furnishers possession that the Bureau has determined the absence of which would likely be materially misleading in evaluating a consumers creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.35 Regulation V requires that the furnishers policies and procedures be appropriate to the nature, size, complexity, and scope of its activities.36 In developing the policies and procedures, a furnisher must consider the Interagency Guidelines Concerning the Accuracy and Integrity of Information Furnished to Consumer Reporting Agencies found in Appendix E of Regulation V ( Interagency Guidelines ), and incorporate those guidelines, as appropriate. Each furnisher must also review its policies and procedures periodically and update them as necessary to ensure their continued effectiveness.\n\nThe Interagency Guidelines include : Using standard data reporting formats and standard procedures for compiling and furnishing data, where feasible, such as electronic transmission of information about consumers to CRAs ; Deleting, updating, and correcting information in the furnishers records, as appropriate, to avoid furnishing inaccurate information ; Conducting reasonable investigations of disputes ; Establishing and implementing appropriate internal controls regarding the accuracy and integrity of information about consumers furnished to CRAs, such as by implementing standard procedures and verifying random samples of information provided to CRAs ; and Training staff that participates in activities related to the furnishing of information about consumers to CRAs.37 Duty to Investigate Disputes Filed Directly with the Furnisher The FCRA and Regulation V generally require a furnisher to conduct a reasonable investigation of a dispute submitted directly to a furnisher by a consumer concerning the accuracy of any information contained in a consumer report and pertaining to an account or other relationship that the furnisher has or had with the consumer ( direct dispute ) .38 Covered Disputes. A furnisher is required to investigate if the dispute relates to : The consumers liability for a credit account or other debt with the furnisher ; The terms of a credit account or other debt with the furnisher ; The consumers performance or other conduct concerning an account or other relationship with the furnisher ; or Any other information contained in a consumer report for an account or other relationship with the furnisher that bears on the consumers creditworthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living.39 The direct dispute rule does not apply if the dispute relates to the consumers identifying information, the identity of past or present employers, or inquiries or requests for a consumer report. It also does not apply to disputes relating to information that is derived from public records, provided to a CRA by another furnisher, or related to fraud alerts or active duty alerts.40 Finally, the rule does not apply if the furnisher has a reasonable belief that the direct dispute is submitted by a credit repair organization, is prepared on behalf of the consumer by a credit repair organization, or is submitted on a form supplied to the consumer by a credit repair organization.41 Consumers Obligation to Submit a Proper Notice of Dispute. A furnisher is required to investigate the dispute only if the consumer submitted the dispute notice to one of the following addresses : An address the furnisher provided that is listed on the consumer report ; An address the furnisher clearly and conspicuously identified for submitting direct disputes that is provided to the consumer in writing or, if the consumer agrees, electronically ; or If no address is specified, any business address of the furnisher.42 Moreover, the consumers dispute notice must include : Sufficient information to identify the account or other relationship in dispute ; The specific information being disputed ; An explanation of the basis for the dispute ; and All supporting documentation reasonably required by the furnisher to substantiate the basis of the dispute.43 Furnishers Duty to Investigate. Upon receiving a consumers proper notice of dispute, the furnisher must conduct a reasonable investigation of the dispute.44 The furnisher also must review all relevant information provided by the consumer with the dispute notice.\n\nThe furnisher has 30 days from the receipt of the dispute notice ( with the possibility for a 15-day extension under certain circumstances ) to complete the investigation and report the results to the consumer.45 If the furnisher finds that the information reported was inaccurate, the furnisher must promptly notify each CRA to which it provided the inaccurate information of the determination and provide the changes necessary to make the information accurate.46 Exception for Frivolous or Irrelevant Disputes. A furnisher is not required to investigate a direct dispute if the furnisher has reasonably determined that the dispute is frivolous or irrelevant.47 Under Regulation V, a dispute is frivolous or irrelevant if the dispute notice ( 1 ) does not contain sufficient information to investigate the dispute, ( 2 ) raises a dispute about information exempted from the rule, or ( 3 ) raises a dispute that is substantially the same as a dispute previously submitted by the consumer and resolved in accordance with the regulations. If the furnisher determines that a dispute is frivolous or irrelevant, the furnisher has five business days to notify the consumer of its determination. The notice must include the reasons for the determination and identify any information required to investigate the disputed information.\n\nDuty to Investigate Disputes Filed with CRAs The FCRA requires furnishers to investigate consumer disputes filed with the CRAs about information the furnishers provided.48 More specifically, when a furnisher receives notice from a CRA that a consumer disputes the completeness or accuracy of information the furnisher provided to the CRA , the furnisher must investigate the disputed information, review all relevant information the CRA provided, and report the results of its investigation to the CRA.49 If the furnisher determines the information it provided was incomplete or inaccurate, the furnisher must notify all nationwide CRAs to which the information was furnished of its findings.50 Finally, if the furnisher determines the disputed information is inaccurate or incomplete or can not be verified, the furnisher must promptly modify or delete the information or permanently block the reporting of that information.51 The furnisher generally has 30 days from the date the consumer filed the dispute with the CRA to complete its investigation and make appropriate notifications, but the investigation period may be extended an additional 15 days in some circumstances.52 EQUAL CREDIT OPPORTUNITY ACT/REGULATION B Regulation B, which implements the ECOA, imposes certain obligations on creditors that furnish credit information to CRAs.53 In addition, Regulation B prohibits discrimination on a prohibited basis regarding any aspect of a\ncredit transaction.54 At the federal level, the Board, FDIC, OCC, and NCUA have supervisory authority for ECOA and Regulation B for depository institutions with assets of {$10.00} XXXX or less.55 For depository institutions with assets over {$10.00} XXXX, the Bureau has this authority. Also, if any of these agencies has reason to believe that the creditor engaged in a pattern or practice of discrimination, then the agency must refer the matter to the U.S. Department of Justice.56 The Board has referred one matter involving discrimination on the basis of sex and marital status in credit reporting.57 In this matter, the creditor failed to provide information to CRAs about the payment history of spouses ( almost all of whom were women ) who were contractually obligated on the note.\n\nIn addition to the federal regulators, private plaintiffs have the right to file lawsuits under the ECOA.58 Violations of Regulation B can subject creditors to civil liability for actual and punitive damages in individual and class actions.59 If a furnisher fails to comply with the regulation because of an inadvertent error, there is no violation.60 The term inadvertent error means a mechanical, electronic, or clerical error that a creditor demonstrates was not intentional and occurred notwithstanding the maintenance of procedures reasonably adapted to avoid such errors,61 but it does not include an error of legal judgment.62 Upon discovering the error, the furnisher must correct it as soon as possible.\n\nCoverage Regulation B applies to a creditor, which is broadly defined to mean a person who, in the ordinary course of business, regularly participates in a credit decision, including setting the terms of the credit.63 The Official Staff Commentary to the regulation clarifies that the furnisher requirements only apply to consumer credit.64 Moreover, they apply only to creditors that opt to furnish credit information to CRAs or to other creditors ; a creditor is not required to furnish credit information on its accounts.\n\nDuties for Accounts Held or Used by Spouses Section 1002.10 of Regulation B imposes three obligations on creditors furnishing consumer credit information to the CRAs for accounts held or used by spouses.\n\nFirst, a creditor must designate accounts to reflect both spouses participation in the accounts in the following circumstances : For new accounts, when the spouse is an authorized user or is contractually liable on the account ( except as a guarantor, surety, endorser, or similar party ) ; and For existing accounts, when one of the spouses makes a written request to reflect both spouses participation on the account. In this situation, the furnisher must change the designation on the account within 90 days after receiving the written request.65 Second, when an account is designated to reflect the participation of both spouses, the creditor must furnish the information to the CRAs in a way that enables the CRAs to provide access to the information in the name of each spouse.66 Finally, if a creditor receives an inquiry about an account that reflects both spouses participating, the creditor must furnish the information in the name of the spouse for whom the information is requested.67 For example, if the inquiry concerns an account on which a husband and wife both participate, and the inquiry specifically is about the wife, the creditor must provide the information in the wifes name.\n\nProhibition on Discrimination In addition to the specific furnisher provisions, Regulation B broadly prohibits creditors from discriminating in any aspect of the credit transaction on any prohibited basis.68 The term credit transaction includes the furnishing of credit information.69 The term prohibited basis means race, color, religion, national origin, sex, marital status, or age ( provided that the applicant has the capacity to enter into a binding contract ) ; the applicants receipt of income, in whole or part, from any public assistance program ; or the applicants exercise in good faith of a right under the Consumer Credit Protection Act or any state law upon which an exemption has been granted by the [ Bureau ] .70 This general rule covers, for example, the administration of accounts and the treatment of delinquent or slow accounts.71 CONCLUSION Credit reports play an important role for consumers and creditors. Specific provisions of the CARES Act, the FCRA, Regulation V, the ECOA, and Regulation B are designed to ensure the fairness and accuracy of these reports. Financial institutions that furnish information to the CRAs should have adequate policies and procedures in place to ensure that they are complying with these requirements, including procedures to periodically test systems to verify compliance. Compliance with the credit reporting laws can promote fair and efficient access to credit, benefiting consumers and creditors alike. Specific questions should be addressed to your primary regulator.\n\nENDNOTES 1 Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., implemented in part by Regulation V, 12 C.F.R. Part 1022. Most of the furnisher requirements discussed in this article under Section 623 of the FCRA ( 15 U.S.C. 1681s-2 ) do not have implementing regulations, so furnishers must focus on the statutory requirements.\n\n2 Equal Credit Reporting Act, 15 U.S.C. 1691 et seq., implemented by Regulation B, 12 C.F.R. Part 1002. In addition, under the ECOA, Regulation B ( 12 C.F.R. 1002.9 ), and the FCRA ( 15 U.S.C. 1681m ), consumers and businesses applying for credit must be provided notice of the reasons a creditor took adverse action on the application or on an existing credit account in certain circumstances.\n\n3 Coronavirus Aid, Relief, and Economic Security ( CARES ) Act, Pub. L. No. 116-136, 134 Stat. 281 ( March 27, 2020 ).\n\n4 Section 4021 of the CARES Act amended Section 623 ( a ) ( 1 ) of the FCRA ( 15 U.S.C. 1681s2 ( a ) ( 1 ) ).\n\n5 Kenneth Benton and Casey McHugh, Federal Reserve Bank of Philadelphia , Furnishers Compliance Obligations for Consumer Credit Information under the FCRA and ECOA, Consumer Compliance Outlook ( Second Quarter 2012 ).\n\n6 See 15 U.S.C. 1681s ( b ), 1681s-2 ( d ).\n\n7 See 15 U.S.C. 1681s ( c ), 1681s-2 ( d ).\n\n8 See 15 U.S.C. 1681s-2 ( c ).\n\n9 See 15 U.S.C. 1681a ( b ).\n\n10 See 15 U.S.C. 1681a ( c ).\n\n11 See 15 U.S.C. 1681a ( f ).\n\n12 See 12 C.F.R. 1022.41 ( c ). An entity is not a furnisher when it : ( 1 ) provides information to a consumer reporting agency solely to obtain a consumer report in accordance with Sections 604 ( a ) and ( f ) of the FCRA ; ( 2 ) is acting as a consumer reporting agency as defined in Section 603 ( f ) of the FCRA ; ( 3 ) is a consumer to whom the furnished information pertains; or ( 4 ) is a neighbor, friend, or associate of the consumer, or another individual with whom the consumer is acquainted or who may have knowledge about the consumer, and who provides information about the consumers character, general reputation, personal characteristics, or mode of living in response to a specific request from a consumer reporting agency.\n\n13 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( F ), as added by Section 4021 of the CARES Act.\n\n14 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( F ) ( i ) ( I ).\n\n15 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( F ) ( i ) ( II ). Under the National Emergencies Act, an emergency declaration will automatically terminate on the one-year anniversary of the declaration if the President does not extend it during the 90-day period before the anniversary. 50 U.S.C. 1622 ( d ). An emergency declaration can also be terminated by a joint resolution of Congress enacted into law or by a Presidential proclamation. 50 U.S.C. 1622 ( a ).\n\n16 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( F ) ( iii ).\n\n17 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( F ) ( ii ).\n\n18 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( B ). FCRA does not require a person to specify an address for receipt of notices from consumers concerning inaccurate information. 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( C ).\n\n19 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( A ).\n\n20 See 15 U.S.C. 1681s-2 ( a ) ( 1 ) ( D ).\n\n21 See 15 U.S.C. 1681s-2 ( a ) ( 2 ) ( B ).\n\n22 See 15 U.S.C. 1681s-2 ( a ) ( 3 ).\n\n23 See 15 U.S.C. 1681s-2 ( a ) ( 4 ).\n\n24 See 15 U.S.C. 1681s-2 ( a ) ( 5 ).\n\n25 See 15 U.S.C. 1681c ( a ).\n\n26 See 15 U.S.C. 1681s-2 ( a ) ( 6 ).\n\n27 See 15 U.S.C. 1681s-2 ( a ) ( 7 ).\n\n28 See 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( G ) ( i ).\n\n29 See 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( A ) - ( B ).\n\n30 See 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( B ) ( ii ) and ( C ) ( i ).\n\n31 See 12 C.F.R. Part 1022, Appendix B Model Notices of Furnishing Negative Information.\n\n32 See 15 U.S.C. 1681s-2 ( a ) ( 7 ) ( D ).\n\n33 See 12 C.F.R. 1022.42. The FCRA requires the Bureau to establish and maintain guidelines for furnishers regarding the accuracy","date_sent_to_company":"2025-08-08T16:02:56.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"30058","tags":null,"has_narrative":true,"complaint_id":"14284554","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2025-06-25T21:49:56.000Z","state":"GA","company_public_response":null,"sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["In addition to the federal regulators, private plaintiffs have the right to file lawsuits under the ECOA.58 Violations of <em>Regulation</em> B can <em>subject</em> creditors to civil liability for actual and punitive damages in individual and class actions.59 If a furnisher fails to comply with the <em>regulation</em> because of an inadvertent <em>error</em>, there is no violation.60 The term inadvertent <em>error</em> means a mechanical, electronic, or clerical <em>error</em> that a creditor demonstrates was not intentional and occurred notwithstanding"]},"sort":[10.039592,"14284554"]},{"_index":"complaint-public-v1","_id":"4902016","_score":9.570685,"_source":{"product":"Debt collection","complaint_what_happened":"I have previously tried to address and deal with PNC Bank, in CFPB complaint # XXXX, but PNC BANK knowingly and willing still commits fraud against me and I am sure many other consumers and I am requiring assistance from the Consumer Financial Protection Bureau XXXX \n\nIn response to my initial claim, PNC, BANK sent Exhibit ( 1 ) to the CFPB, which they referred to as Retail Installment Sale Contract ( the Note ), in Paragraph 5. \n\nPursuant to UCC 3-104 Negotiable Instrument ( e ) An instrument is a \" note '' if it is a promise This contract is a consumer credit contract and as described in 16 CFR 433.1 ( i ) an instrument, and under UCC 3-104 ( a ) an instrument is a negotiable instrument and an unconditional promise to pay, no different than a dollar. I, XXXX XXXX, natural person and consumer has reason to believe and do so believe this instrument constitutes as payment under the negotiable instruments act and has fully paid for this transaction on the date of consummation. \n\nBased on the above, my contract and obligation was fully paid once I, XXXX XXXX, a natural person put my autograph on the Note on XX/XX/XXXX. \n\nPNC, BANK, states on Exhibit 1, page 2, paragraph 12, As no bank error has occurred, PNC respectfully declines your request for compensation in this matter Due to nonpayment, the Vehicle is as risk of repossession. PNC BANK, still continues to state I owe balance and threaten to repossess a vehicle, on a Note that was autographed on XX/XX/XXXX. \n\nExhibit ( 1 ), page 1, paragraph 6, PNC BANK states : On page 1 of the Note, in the section titled No Cooling Off Period, it states that state law does not provide for a cooling off or cancellation period for this sale. \n\n\nPNC BANK, knowingly and willingly commits fraud on their own contract ; Exhibit ( 2 ), page 4, number 6, Applicable Law, Federal law and the law of the state of our address shown on page 1 of this contract apply to this contract. \n\n\nPursuant to 15 USC 1635 Right of recession as to certain transactions ( a ) Disclosure of obligors right to rescind Except as otherwise provided in this section, in the case of any consumer credit transaction ( including opening or increasing the credit limit for an open end credit plan ) in which a security interest, including any such interest arising by operation of law, is or will be retained or acquired in any property which is used as the principal dwelling of the person to whom credit is extended, the obligor shall have the right to rescind the transaction until midnight of the third business day following the consummation of the transaction or the delivery of the information and rescission forms required under this section together with a statement containing the material disclosures required under this subchapter, whichever is later, by notifying the creditor, in accordance with regulations of the Bureau, of his intention to do so. The creditor shall clearly and conspicuously disclose, in accordance with regulations of the Bureau, to any obligor in a transaction subject to this section the rights of the obligor under this section. The creditor shall also provide, in accordance with regulations of the Bureau, appropriate forms for the obligor to exercise his right to rescind any transaction subject to this section. \nPursuant to 16 CFR 433.1 ( f ), was intended to be a written agreement with full willful disclosure as required in the Truth in Lending Act in order for I the affiant, to be able properly contemplate any concerted and or cooperative activity between I, and PNC, BANK. Upon discovery, I have reason to believe and do so believe I did not receive such disclosure. \n\nPursuant to 12 CFR 1026.23 ( b ) ( 1 ), I was never given full disclosure, notice of the right to rescind.\n\nPursuant to 12 CFR 1026. 23, upon the right to rescind this transaction, I am no longer liable for any finance change. PNC BANK, must terminate any security interest, return any money or property, earnest money, down payment or otherwise past payments and because the property has been delivered and in my possession I have the right to retain possession of the property.\n\nIn accordance with 12 CFR 1026.23 ( d ) Effects of recession, Paragraph 23 ( d ) ( 1 ) Termination of security interest. Any security interest giving rise to the right of rescission becomes void when the consumer exercises the right of rescission. The security interest is automatically negated regardless of its status and whether or not it was recorded or perfected. Under 1026.23 ( d ) ( 2 ), however, the creditor must take any a\n\nction necessary to reflect the fact that the security interest no longer exists. Paragraph 23 ( d ) ( 2 ) Refunds to consumer. The consumer can not be required to pay any amount in the form of money or property either to the creditor or to a third party as part of the credit transaction. Any amounts of this nature already paid by the consumer must be refunded. Any amount includes finance charges already accrued, as well as other charges, such as broker fees, application and commitment fees, or fees for a title search or appraisal, whether paid to the creditor, paid directly to a third party, or passed on from the creditor to the third party. It is irrelevant that these amounts may not represent profit to the creditor.\n\nIn the case of any consumer transaction in which a security interest including any such interest arising by the operation of law, meaning not limited only to a principal dwelling, but any contract which includes a security interest, the obligor shall have the right to rescind the transaction until the midnight of the third business day following the consummation or the day the agreement was signed. The rescissions forms are required and must be delivered together with a statement containing the material disclosures required under TILA. In addition, the creditor must clearly and conspicuously disclose, in accordance with regulations of the Consumer Financial Protection Bureau. \n\nThat was completely disregarded by PNC BANK ; another effort of willingly and knowingly committing fraud by not telling me, XXXX XXXX, natural person, that I had the right to rescind. \n\nDue to the failure of PNC, Bank to disclose this required information, this right can be exercised three years after the date of consummation of the transaction or upon the earlier sale of the property, or upon the expiration of one year following the conclusion of the proceeding, or any judicial review or period for judicial review thereof, whichever is later. Being that this contract was signed XX/XX/XXXX, I am within the allotted time frame. \n\nIn accordance with 15 U.S. Code 1635 and UCC 3- 306 to rescind any power of attorney which may have been used in connection with this transaction which includes any derivative, hypothecation, trades, transfers of possession, whether voluntary or involuntary involving any and every instrument which may have occurred unbeknownst to me. \n\nPNC Bank needs to disclose full documentary evidence ( private and public ) on this instrument, and ; Pursuant to 12 use 1831n ( 2 ) ( A ) Uniform accounting principles consistent with GAAP Subject to the requirements of this chapter and any other provision of Federal law, the accounting principles applicable to reports or statements required to be filed with Federal banking agencies by all insured depository institutions shall be uniform and consistent with generally accepted accounting principles. \nWithout the full audit trail, accounting and insurance, the alleged debt can not be validated. \n\nI, XXXX XXXX, natural person should be provided these documents for this instrument that I autographed in order to properly XXXX the alleged debt and hoe PNC, BANK has accounted for this transaction and derivatives of this transaction. \n\nExhibit ( 2 ), page 1, section Notice NOTICE : ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER I, XXXX XXXX, natural person paid {$5000.00} ( XXXX XXXX dollars ), therefore the incorrect notice was on the contract. My note was to state notice ( b ), not notice ( a ). PNC, Bank did not meet the requirements as established in 16 CFR 433.2 ( b ). \n\nPursuant to 16 CFR 433.2 ( b ) : Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE : ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER Pursuant to 15 USC 1605 ( a ) Finance charge defined Except as otherwise provided in this section, the amount of the finance charge in connection with any consumer credit transaction shall be determined as the sum of all charges, payable directly or indirectly by the person to whom the credit is extended, and imposed directly or indirectly by the creditor as an incident to the extension of credit. The finance charge does not include charges of a type payable in a comparable cash transaction.\n\nThe finance charge is the sum of all charges. Interest, deliver service fees, loan fees, premium insurance to cover any defaults, broker fees, insurance for the vehicle and insurance to cover health, life, accident, and gap insurance, are all included in finance charge. The finance charge does not include type payable in a comparable cash transaction meaning finance charges can not have cash or a down payment of cash involved. I, XXXX XXXX, natural person, paid XXXX XXXX dollars ( {$5000.00} ) cash and gave a XXXX XXXX XXXX XXXX with a trade in value of XXXX XXXX and XXXX XXXX ( {$30000.00} ) and a Dealer service fee of XXXX XXXX and XXXX XXXX dollars ( {$390.00} ) and has proof of this violation in Exhibit ( 2 ), page 2. \n\nWilling and knowingly told me I had to pay the above in order to obtain the car. When the instrument paid for this transaction in full. \n\nExhibit ( 1 ), page 1, paragraph 8, PNC BANK, states : The section titled Insurance you must have on the vehicle states you agree to have physical damage insurance covering the loss of or damage to the vehicle for the term of this contract. Please refer to page XXXX of the Note. \n\nPursuant to 15 USC 1605 ( c ) Property damage and liability insurance premiums included in finance charge Charges or premiums for insurance, written in connection with any consumer credit transaction, against loss of or damage to property or against liability arising out of the ownership or use of property, shall be included in the finance charge unless a clear and specific statement in writing is furnished by the creditor to the person to whom the credit is extended, setting forth the cost of the insurance if obtained from or through the creditor, and stating that the person to whom the credit is extended may choose the person through which the insurance is to be obtained. \nNever was the insurance, that I was told I was required to have included in the finance charge. I had to pay separately. \n\nPursuant to 12 USC 24 Corporate powers of associate Seventh. To exercise by its board of directors or duly authorized officers or agents, subject to law, all such incidental powers as shall be necessary to carry on the business of banking ; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt ; by receiving deposits ; by buying and selling exchange, coin, and bullion ; by loaning money on personal security ; and by obtaining, issuing, and circulating notes according to the provisions of title 62 of the Revised Statutes. \n\nNo where in this section does it state Banks can loan credit. Banks can only loan money on personal security. \n\nExhibit ( 2 ) page 1, under section ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate.\n\nExhibit ( 2 ) page 1, under section FINANCE CHARGE The dollar amount the credit will cost you Exhibit ( 2 ) page 1, under section Amount Financed The amount of credit provided to you or on your behalf Exhibit ( 2 ) page 1, under section Total Sale Price The total cost of your purchase on credit, including your own down payment of PNC BANK, is fraudulent operations in a capacity they are not legally authorized to do. \n\nPursuant to 15 U.S. Code 1601 ( a ) Informed use of credit The Congress finds that economic stabilization would be enhanced and the competition among the various financial institutions and other firms engaged in the extension of consumer credit would be strengthened by the informed use of credit. The informed use of credit results from an awareness of the cost thereof by consumers. It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. \n\nPNC BANK, willingly and knowingly operates in a deceptive capacity on a daily basis. The response from PNC BANK shows they willingly agree to defraud consumers and stand by their fraudulent, misleading and deceptive documentation. As a consumer, the abuse that I have suffered financially and mentally is overwhelming. These practices are completely inaccurate and deceptive to consumers as we have trust in banking institutions. \n\nI am a litigious consumer and I fully intend on pursuing litigation in this matter to enforce my rights a Federally protected consumer on the abundance of fraud committed by PNC BANK. In addition, I will request that the original note be produced in court.","date_sent_to_company":"2021-11-12T07:29:38.000Z","issue":"Attempts to collect debt not owed","sub_product":"Auto debt","zip_code":"11365","tags":null,"has_narrative":true,"complaint_id":"4902016","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"PNC Bank N.A.","date_received":"2021-11-12T02:00:21.000Z","state":"NY","company_public_response":null,"sub_issue":"Debt is not yours"},"highlight":{"complaint_what_happened":["Without the full audit trail, <em>accounting</em> and insurance, the <em>alleged</em> debt can not be validated. \n\nI, XXXX XXXX, natural person should be provided these documents for this instrument that I autographed in order to properly XXXX the <em>alleged</em> debt and hoe PNC, BANK has <em>accounted</em> for this transaction and derivatives of this transaction."]},"sort":[9.570685,"4902016"]},{"_index":"complaint-public-v1","_id":"4402901","_score":8.661928,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"THIS COMPLAINT IS FOR ME. IT IS NOT A THIRD PARTY COMPLAINT. \n\nI have been trying to get XXXX and Experian to remove the erroneous information reported by XXXX dba XXXX XXXX  XXXX XXXX and XXXX Bank XXXX my credit report. The information reported by XXXX XXXX Bank and XXXX were positive but I also wanted these removed from my credit report because they also were not valid. \n\nI decided that the only logical thing I could do was learn the Fair Debt and Collection Practices Act ( FDCPA ) because of their continued refusal to remove the information. The FDCPA referenced other Federal Acts and Statues. Eventually and inadvertently I found out about numerous violations of state and federal laws. They include but are not limited to : The Real Estate Settlement Procedures Act, ( RESPA ), Fair Debt and Collection Practices Act, Secure and Fair Enforcement for Mortgage Licensing Act of XXXX ( SAFE Act, Dodd-Frank Act, Illinois Notary Public Act 5 ILCS 312/Art. I, The Sherman Act and other anti-trust laws, TITLE 86 : REVENUE CHAPTER I : DEPARTMENT OF REVENUE PART 120 REAL ESTATE TRANSFER TAX, etc. \n\nXXXX XXXX XXXX  XXXX, XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, etc. filed Instruments ( Deeds, Mortgages, etc. ) that violated both state and federal laws with the XXXX County Recorder of Deeds. Numerous unknown employees of the XXXX County Recorder of Deeds accepted these void instruments for filing also in violation of law. \n\nI decided to check to see if the alleged mortgages were legal before, during and after the alleged mortgages were issued. Had the credit reporting agencies removed the information as they are legally required to do and if the Title was not clouded, I would have never found about the number violations committed by : XXXX XXXX XXXX XXXX, XXXX, XXXX/ dba 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 and others. \n\nXXXX of the most important things I learned was 5 ILCS 312/1-101 ) ( from Ch. 102, par. 201-101 ) Sec. 1-101, Illinois Notary Public Act particularly ( 5 ILCS 312/6-104 ) Which states as follows : ( h ) NO NOTARY PUBLIC SHALL BE AUTHORIZED TO PREPARE ANY LEGAL INSTRUMENT, OR FILL IN THE BLANKS OF AN INSTRUMENT, OTHER THAN A NOTARY CERTIFICATE ; however, this prohibition shall not prohibit an attorney, who is also a notary public, from performing notarial acts for any document prepared by that attorney. To check to see if the Legal Instrument such as a HUD-1 Settlement Statement was prepared by attorney go to the Illinois Attorney Registration and Disciplinary Commission ( ARDC ) website and type in the name of the Settlement/Closing/Escrow Agent listed on the HUD-1 form. Sometimes a name will not be listed in that case check to see if the person who signed on the line that states, Settlement Agent is an attorney. After doing this you will find that legal Instruments such as the Mortgage, Note, HUD-1, etc were filled out and signed by a Notary meaning the none of the alleged documents are legally binding and are void without legal effect. What I have learned if one document fraudulent other documents are fraudulent too.\n\nFRAUDULENT MORTGAGE PROCEEDINGS At the time of this alleged mortgage closing allegedly took place Title Company, XXXX XXXX XXXX XXXX used a fraudulent form that : ( i ) that was not a valid HUD-1 Settlement Statement form, ( ii ) lacked an OMB Approval Number ( iii ) was not completed according to law ( iv ) is dated XX/XX/XXXX ( XXXX, XXXX XXXX ( in a tiny font ) ( v ) the pages are not numbered, etc. as EXHIBIT 4. This form was approximately 23 years old at the time the alleged XX/XX/XXXX mortgage was obtain. This would serve as a XXXX XXXX because no legitimate title company would use a 23-year-old form. \nIt should be noted that the HUD-1 Settlement Statements all contain a footer that states, previous edition are obsolete as shown below : Even if ATG/XXXX XXXX XXXX form was valid and it was not even a second grader know that an obsolete form can not be used. \n\nIt is common practice for people engaged in corrupt activities to use obsolete forms, therefore I checked the date. A check of the OMB website shows that between XXXX to XXXX that they were no 2502 HUD Settlement forms issued in XXXX. Form ( iii ) lacked page numbers, etc. I was not aware of the foregoing and following information for many reasons ( i ) I had an attorney. I recently found out that my attorney XXXX XXXX also works for ATG/XXXX XXXX XXXX as title agent, which is conflict of interest. He received money from me and from ATG. Attorneys that buyers and sellers have to have at closing are a waste of money. Most are affiliated of XXXX XXXX XXXX and get kickbacks. \n\nFurther, because of the fraud committed by the Title Insurance Companies and the banks they are required by law to pay for the cost of the home and any other costs incurred. \n\nTHE SETTLEMENT PROCESS Settlement means the process of executing legally binding documents regarding a lien on property that is subject to a federally related mortgage loan*. This process may also be called \" closing '' or \" escrow '' in different jurisdictions.\n\n*Federally related mortgage loan means : ( 1 ) Any loan ( other than temporary financing, such as a construction loan ) : ( 2 ) Any installment sales contract, land contract, or contract for deed on otherwise qualifying residential property is a federally related mortgage loan if the contract is funded in whole or in part by proceeds of a loan made by any maker of mortgage loans specified in paragraphs ( 1 ) ( ii ) ( A ) through ( D ) of this definition.\n\n1024.8 USE OF HUD-1 OR HUD-1A SETTLEMENT STATEMENTS HUD -- 1 or HUD -- 1A settlement statement ( also HUD -- 1 or HUD -- 1A ) means the statement that is prescribed in this part for setting forth settlement charges in connection with either the purchase or the refinancing ( or other subordinate lien transaction ) of 1- to 4-family residential property.\n\n( a ) Use by settlement agent. The settlement agent shall use the HUD-1 settlement statement in every settlement involving a federally related mortgage loan in which there is a borrower and a seller. For transactions in which there is a borrower and no seller, such as refinancing loans or subordinate lien loans, the HUD-1 may be utilized by using the borrower 's side of the HUD-1 statement.\n\nTHE SETTLEMENT PROCESS Settlement means the process of executing legally binding documents regarding a lien on property that is subject to a federally related mortgage loan. This process may also be called \" closing '' or \" escrow '' in different jurisdictions.\n\nSettlement service means any service provided in connection with a prospective or actual settlement, including, but not limited to, any one or more of the following : ( 1 ) Origination of a federally related mortgage loan ( including, but not limited to, the taking of loan applications, loan processing, and the underwriting and funding of such loans ) ; ( 2 ) Rendering of services by a mortgage broker ( including counseling, taking of applications, obtaining verifications and appraisals, and other loan processing and origination services, and communicating with the borrower and lender ) ; ( 3 ) Provision of any services related to the origination, processing or funding of a federally related mortgage loan ; ( 4 ) Provision of title services, including title searches, title examinations, abstract preparation, insurability determinations, and the issuance of title commitments and title insurance policies ; ( 5 ) Rendering of services by an attorney ; ( 6 ) Preparation of documents, including notarization, delivery, and recordation ; ...\n\n( 9 ) Conducting of settlement by a settlement agent and any related services ; ( 10 ) Provision of services involving mortgage insurance ; ( 11 ) Provision of services involving hazard, flood, or other casualty insurance or homeowner 's warranties ; ...\n\n( 13 ) Provision of services involving real property taxes or any other assessments or charges on the real property ; ( 14 ) Rendering of services by a real estate agent or real estate broker ; and ( 15 ) Provision of any other services for which a settlement service provider requires a borrower or seller to pay. \n\nBACKGROUND REAL ESTATE SETTLEMENT PROCEDURES ACT The Real Estate Settlement Procedures Act ( RESPA ) was a law passed by the United States Congress in XXXX and codified as Title 12, Chapter 27 of the United States Code, 12 U.S.C. 26012617. The main objective was to protect homeowners by assisting them in becoming better educated while shopping for real estate services, and eliminating kickbacks and referral fees, which add unnecessary costs to settlement services. RESPA requires lenders and others involved in mortgage lending to provide borrowers with pertinent and timely disclosures regarding the nature and costs of a real estate settlement process. RESPA was also designed to prohibit potentially abusive practices such as kickbacks and referral fees, the practice of dual tracking, and imposes limitations on the use of escrow accounts. \n\nRESPA was created because various companies associated with the buying and selling of real estate, such as title insurance companies lenders, real estate agents, construction companies were often engaging in providing undisclosed kickbacks to each other, inflating the costs of real estate transactions and obscuring price competition by facilitating bait-and-switch tactics. \n\nRESPA outlines requirements that lenders must follow when providing mortgages that are secured by federally related mortgage loans. This includes home purchase loans, refinancing, lender approved assumptions, property improvement loans, equity lines of credit and reverse mortgages. \n\nUnder RESPA, lending institutions must : Provide certain disclosures when applicable, including a Good-Faith Estimate of Settlement Costs ( GFE ), Special Information Booklet, HUD-1/1A settlement statement1 and Mortgage Servicing Disclosures.\n\nProvide the ability to compare the GFE to the HUD-1/1a settlement statements at closing Follow established escrow accounting practices Not proceed with the foreclosure process when the borrower has submitted a complete application for loss mitigation options, and Not pay kickbacks or pay referral fees to settlement service providers ( e.g., appraisers, real estate brokers/agents and title companies ) Good-Faith Estimate of Settlement Costs For closed-end reverse mortgages, a lender or broker is required to provide the consumer with the standard Good Faith Estimate ( GFE ) form. \n\nA Good Faith Estimate of Settlement Costs is a three-page document that shows estimates for the costs that the borrower will likely incur at settlement and related loan information. It is designed to allow borrowers to shop for a mortgage loan by comparing settlement costs and loan terms. These costs include, but are not limited to : Origination charges Estimates for required services ( e.g., appraisals, credit report fees, flood certification ) Title insurance Per diem interest Escrow deposits, and Insurance premiums The bank or mortgage broker must provide the GFE no later than three business days after the lender or mortgage broker received an application, or information sufficient to complete and application.\n\nA person may not give or receive a fee or anything of value for a referral of mortgage loan settlement business. This includes an agreement or understanding related to a federally related mortgage. Fees paid for mortgage-related services must be disclosed. Additionally, no person may give or receive any portion, split, or percentage of a fee for services connected with a federally related mortgage except for services actually performed.\n\nPermissible Compensation, Fees, salaries, compensation, or other payments. ( 1 ) Section 8 of RESPA permits : ( i ) A payment to an attorney at law for services actually rendered ; ( ii ) A payment by a title company to its duly appointed agent for services actually performed in the issuance of a policy of title insurance ; ( iii ) A payment by a lender to its duly appointed agent or contractor for services actually performed in the origination, processing, or funding of a loan ; ( iv ) ... \n\nIn XX/XX/XXXX, Congress amended RESPA to cover subordinate lien loans. \nCongress, when it enacted the Economic Growth and Regulatory Paperwork Reduction Act of XXXX, it further amended RESPA to clarify certain definitions, including controlled business arrangement, which was changed to affiliated business arrangement. \n\n\n1024.8 USE OF HUD-1 OR HUD-1A SETTLEMENT STATEMENTS ( a ) Use by settlement agent. The settlement agent shall use the HUD-1 settlement statement in every settlement involving a federally related mortgage loan in which there is a borrower and a seller. For transactions in which there is a borrower and no seller, such as refinancing loans or subordinate lien loans, the HUD-1 may be utilized by using the borrower 's side of the HUD-1 statement.\n\n( b ) Charges to be stated. The settlement agent shall complete the HUD-1 or HUD-1A, in accordance with the instructions set forth in appendix A to this part. \n\n( 1 ) In general. The settlement agent shall state the actual charges paid by the borrower and seller on the HUD-1, or by the borrower on the HUD-1A. The settlement agent must separately itemize each third party charge paid by the borrower and seller. All origination services performed by or on behalf of the loan originator must be included in the loan originator 's own charge. Administrative and processing services related to title services must be included in the title underwriter 's or title agent 's own charge. The amount stated on the HUD-1 or HUD-1A for any itemized service can not exceed the amount actually received by the settlement service provider for that itemized service, unless the charge is an average charge in accordance with paragraph ( b ) ( 2 ) of this section ...\n\n( ii ) The settlement service provider shall define the particular class of transactions for purposes of calculating the average charge as all transactions involving federally related mortgage loans for : ( A ) A period of time as determined by the settlement service provider, but not less than 30 calendar days and not more than 6 months ; ( B ) A geographic area as determined by the settlement service provider ; and ( C ) A type of loan as determined by the settlement service provider. \n\n( iii ) A settlement service provider may use an average charge in the same class of transactions for which the charge was calculated. If the settlement service provider uses the average charge for any transaction in the class, the settlement service provider must use the same average charge in every transaction within that class for which a GFE was provided.\n\n( iv ) The use of an average charge is not permitted for any settlement service if the charge for the service is based on the loan amount or property value. For example, an average charge may not be used for transfer taxes, interest charges, reserves or escrow, or any type of insurance, including mortgage insurance, title insurance, or hazard insurance.\n\n( c ) Violations of section 4 of RESPA ( 12 U.S.C. 2603 ). A violation of any of the requirements of this section will be deemed to be a violation of section 4 of RESPA. An inadvertent or technical error in completing the HUD-1 or HUD-1A shall not be deemed a violation of section 4 of RESPA if a revised HUD-1 or HUD-1A is provided in accordance with the requirements of this section within 30 calendar days after settlement.\n\nVIOLATIONS OF SECTION 4 OF RESPA ( 12 U.S.C. 2603 ) A violation of any of the requirements of this section will be deemed to be a violation of section 4 of RESPA. \n\nIn XXXX, HUD issued a RESPA Reform Rule ( 73 Fed. Reg. 68204, XX/XX/XXXX ) that included substantive and technical changes to the existing RESPA regulations and different implementation dates for various provisions. Substantive changes included a standard Good Faith Estimate ( GFE ) form and a revised HUD-1 Settlement Statement.\n\nTechnical changes, including streamlined mortgage servicing disclosure language, elimination of outdated escrow account provisions and a provision permitting an average charge to be listed on the GFE and HUD-1 Settlement Statement, took effect on XX/XX/XXXX. \n\nKey XXXX RESPA Reform Enhancements to the HUD- 1/1A Settlement Statement While the XXXX RESPA Reform Rule did not include any substantive changes to the first page of the HUD-1/1A form, there were changes to the second page of the form to facilitate comparison between the HUD-1/1A and the GFE. Each designated line on the second page of the revised HUD- 1/1A includes a reference to the relevant line from the GFE. \n\nWith respect to disclosure of no cost loans where no cost refers only to the loan originators fees ( see Section L, subsection 800 of the HUD-1 form ), the amounts shown for the origination charge and the credit or charge for the interest rate chosen should offset, so that the adjusted origination charge is zero.\n\nIn the case of a no cost loan where no cost encompasses loan originator and third-party fees, all third-party fees must be itemized and listed in the borrowers column on the HUD- 1/1A. These itemized charges must be offset with a negative adjusted origination charge ( Line 803 ) and recorded in the columns. \n\nTo further facilitate comparability between the forms, the revised HUD-1 includes a third page ( second page of the HUD-1A ) that allows borrowers to compare the loan terms and settlement charges listed on the GFE with the terms and charges listed on the closing statement. The first half of the third page includes a comparison chart that sets forth the settlement charges from the GFE and the settlement charges from the HUD-1 to allow the borrower to easily determine whether the settlement charges exceed the charges stated on the GFE. If any charges at settlement exceed the charges listed on the GFE by more than the permitted tolerances, the loan originator may cure the tolerance violation by reimbursing to the borrower the amount by which the tolerance was exceeded. A borrower will be deemed to have received timely reimbursement if the financial institution delivers or places the payment in the mail within 30 calendar days after settlement.\n\nInadvertent or technical errors on the settlement statement are not deemed to be a violation of Section 4 of RESPA if a revised HUD-1/1A is provided to the borrower within 30 calendar days after settlement.\n\nThe second half of the third page sets forth the loan terms for the loan received at settlement in a format that reflects the summary of loan terms on the first page of the GFE, but with additional loan related information that would be available at closing. \n\nSecure and Fair Enforcement for Mortgage Licensing Act The Secure and Fair Enforcement for Mortgage Licensing Act of XXXX ( SAFE Act ) was enacted on XX/XX/XXXX and mandates a nationwide licensing and registration system for residential mortgage loan originators ( MLOs ) The SAFE Act prohibits individuals from engaging in the business of a residential mortgage loan originator without first obtaining and maintaining annually : For individuals who are employees of covered financial institution, registration as a registered mortgage loan originator and a unique identifier ( federal registration ), or For all other individuals, a state license and registration as a state-licensed mortgage loan originator, and a unique identifier ( state licensing/registration ). \n\nThe SAFE Act requires that federal registration and state licensing and registration be accomplished through the same online registration system, the Nationwide Mortgage Licensing System and Registry ( Registry ). \n\nThe objectives of the SAFE Act include aggregating and improving the flow of information to and between regulators ; providing increased accountability and tracking of MLOs ; enhancing consumer protections ; supporting anti-fraud measures ; and providing consumers with easily accessible information at no charge regarding the employment history of and publicly adjudicated disciplinary and enforcement actions against MLOs. \n\nOn XX/XX/XXXX, the OCC, Board, FDIC, OTS, NCUA, and FCA ( collectively the Agencies ) published substantively similar regulations implementing the SAFE Act federal registration requirements for the institutions they supervise and the institutions MLO employees ( SAFE Act regulation ). \n\nOn XX/XX/XXXX, Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Dodd-Frank Act ) transferred rule-making authority for the SAFE Act from the Agencies to the Consumer Financial Protection Bureau ( CFPB ). \n\nOn XX/XX/XXXX, the CFPB restated the implementing SAFE Act regulations to 12 CFR 1007 ( 76 Federal Register 78483 ), establishing a new Regulation G, SAFE Mortgage Licensing ActFederal Registration of Residential Mortgage Loan Originators.\n\nThese examination procedures lay out the background and requirements of the SAFE Act and the SAFE Act regulation concerning federal registration. \n\nMortgage loan originator or MLO means an individual who ( 1 ) takes a residential mortgage loan application and ( 2 ) offers or negotiates terms of a residential mortgage loan for compensation or gain.\n\nRegistry means the Nationwide Mortgage Licensing System and Registry, or NMLS system, developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the state licensing and registration of state- licensed MLOs, and through which federal MLO registrations must be accomplished.\n\nRegistered mortgage loan originator or registrant means any individual who ( 1 ) meets the MLO definition ; ( 2 ) is an employee of a covered financial institution ; ( 3 ) is registered pursuant to the regulation with the Registry ; and ( 4 ) maintains a unique identifier through the Registry.\n\nResidential mortgage loan means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling ( as defined in Section 103 ( v ) of the Truth in Lending Act, 15 U.S.C. Section 1602 ( v ) ) or residential real estate upon which is constructed or intended to be constructed a dwelling ( including manufactured homes ) and includes refinancings, reverse mortgages, home equity lines of credit, and other first and additional lien loans. \n\nUnique identifier means a number or other identifier that : ( 1 ) permanently identifies a registered MLO ; ( 2 ) is assigned by protocols established by the Registry and the Bureau to facilitate electronic tracking of MLOs, as well as uniform identification of, and public access to, the employment history of and the publicly adjudicated disciplinary and enforcement actions against MLOs ; and ( 3 ) must not be used for purposes other than those set forth under the SAFE Act. ; TILA, GSE, and HUD Requirements Title XIV, Section 1402 of the Dodd-Frank Act amended the Truth in Lending Act ( TILA ) to require ( 1 ) MLOs to include on all loan documents any unique identifier of the MLO provided by the NMLS, and ( 2 ) the CFPB to issue implementing regulations requiring depository institutions to establish and maintain procedures reasonably designed to assure and monitor compliance with the SAFE Acts federal registration requirements. \n\nIllinois Notary Public Act ( Source : XXXX. XXXX ( 5 ILCS 312/Art. I heading ) ARTICLE I ) to promote, serve, and protect the public interest. \n\nXXXX XXXX and XXXX XXXX both work for Illinois Secretary of States Office XXXX XXXX XXXX is employed as the Chief Judge for the Illinois Court of Claims. XXXX XXXX is XXXX XXXX boss. ATG has donated hundreds of thousand dollars to his campaigns. XXXX has also been CEO of the XXXX XXXX XXXX, XXXX XXXX attends XXXX parties, etc. \n\nXXXX XXXX was elected as the XXXX County Recorder of Deeds in XXXX and XXXX. The foregoing is important because the Illinois Secretary of State is responsible of issuing notary licensees and disciplinary actions against. Needless, to say the notaries that work for most of these banks and title agencies are fully aware that, XXXX XXXX Attorney General XXXX XXXX and so many others work for the interest of the banks and XXXX XXXX XXXX. \n\n( 5 ILCS 312/1-104 ) ( from Ch. 102, par. 201-104 ) Sec. 1-104. Notary Public and Notarization Defined.\n\n( a ) The terms \" notary public '' and \" notary '' are used interchangeably to mean any individual appointed and commissioned to perform notarial acts.\n\n( b ) \" Notarization '' means the performance of a notarial act.\n\n( 5 ILCS 312/2-102 ) ( from Ch. 102, par. 202-102 ) Sec. 2-102. Application. Every applicant for appointment and commission as a notary shall complete an application in a format prescribed by the Secretary of State to be filed with the Secretary of State, stating : ( a ) the applicant 's official name, as it appears on his or her current driver 's license or state-issued identification card ; ( b ) the county in which the applicant resides or, if the applicant is a resident of a state bordering Illinois, the county in Illinois in which that person 's principal place of work or principal place of business is located ; ( c ) the applicant 's residence address, as it appears on his or her current driver 's license or state-issued identification card ; ( c-5 ) the applicant 's business address if different than the applicant 's residence address, if performing notarial acts constitutes any portion of the applicant 's job duties ; ( 5 ILCS 312/3-102 ) ( from Ch. 102, par. 203-102 ) Sec. 3-102. Notarial Record ; Residential Real Property Transactions. ( a ) THIS SECTION SHALL APPLY TO EVERY NOTARIAL ACT IN ILLINOIS INVOLVING A DOCUMENT OF CONVEYANCE THAT TRANSFERS OR PURPORTS TO TRANSFER TITLE TO RESIDENTIAL REAL PROPERTY LOCATED IN XXXX COUNTY ( b ) As used in this Section, the following terms shall have the meanings ascribed to them : ( 1 ) \" Document of Conveyance '' shall mean a written instrument that transfers or purports to transfer title effecting a change in ownership to Residential Real Property.\n\n( 3 ) \" Notarial Record '' shall mean the written document created in conformity with this Section by a notary in connection with Documents of Conveyance.\n\nSEE THE ATTACHED PDF 'S","date_sent_to_company":"2021-05-25T04:01:35.000Z","issue":"Problem with a credit reporting company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"60630","tags":null,"has_narrative":true,"complaint_id":"4402901","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2021-05-25T00:01:32.000Z","state":"IL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Difficulty submitting a dispute or getting information about a dispute over the phone"},"highlight":{"complaint_what_happened":["On XX/XX/XXXX, the OCC, <em>Board</em>, FDIC, OTS, NCUA, and FCA ( collectively the Agencies ) published substantively similar <em>regulations</em> implementing the SAFE Act federal registration requirements for the institutions they supervise and the institutions MLO employees ( SAFE Act <em>regulation</em> )."]},"sort":[8.661928,"4402901"]},{"_index":"complaint-public-v1","_id":"4403106","_score":8.650608,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"THIS COMPLAINT IS FOR ME. IT IS NOT A THIRD PARTY COMPLAINT. I have been trying to get XXXX and XXXX to remove the erroneous information reported by XXXX XXXX XXXX XXXX  XXXX XXXX and XXXX XXXX from my credit report. The information reported by XXXX XXXX XXXX and XXXX were positive but I also wanted these removed from my credit report because they also were not valid. I decided that the only logical thing I could do was learn the Fair Debt and Collection Practices Act ( FDCPA ) because of their continued refusal to remove the information. The FDCPA referenced other Federal Acts and Statues. Eventually and inadvertently I found out about numerous violations of state and federal laws. They include but are not limited to : The Real Estate Settlement Procedures Act, ( RESPA ), Fair Debt and Collection Practices Act, Secure and Fair Enforcement for Mortgage Licensing Act of 2008 ( SAFE Act, Dodd-Frank Act, Illinois Notary Public Act 5 ILCS 312/Art. I, The Sherman Act and other anti-trust laws, TITLE 86 : REVENUE CHAPTER I : DEPARTMENT OF REVENUE PART 120 REAL ESTATE TRANSFER TAX, etc. XXXX XXXX XXXX XXXX XXXX., XXXX XXXX XXXXXXXX Guaranteed Rate, Ravenswood Title, XXXX XXXX XXXX Ravenswood Title, XXXX XXXX  etc. filed Instruments ( Deeds, Mortgages, etc. ) that violated both state and federal laws with the XXXX County Recorder of Deeds. Numerous unknown employees of the XXXX County Recorder of Deeds accepted these void instruments for filing also in violation of law. I decided to check to see if the alleged mortgages were legal before, during and after the alleged mortgages were issued. Had the credit reporting agencies removed the information as they are legally required to do and if the Title was not clouded, I would have never found about the number violations committed by : XXXX XXXX XXXX XXXX, XXXX, XXXXXXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Guaranteed Rate, Ravenswood Title , XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and others. One of the most important things I learned was 5 ILCS 312/1-101 ) ( from Ch. 102, par. 201-101 ) Sec. 1-101, Illinois Notary Public Act particularly ( 5 ILCS 312/6-104 ) Which states as follows : ( h ) NO NOTARY PUBLIC SHALL BE AUTHORIZED TO PREPARE ANY LEGAL INSTRUMENT, OR FILL IN THE BLANKS OF AN INSTRUMENT, OTHER THAN A NOTARY CERTIFICATE ; however, this prohibition shall not prohibit an attorney, who is also a notary public, from performing notarial acts for any document prepared by that attorney. To check to see if the Legal Instrument such as a HUD-1 Settlement Statement was prepared by attorney go to the Illinois Attorney Registration and Disciplinary Commission ( ARDC ) website and type in the name of the Settlement/Closing/Escrow Agent listed on the HUD-1 form. Sometimes a name will not be listed in that case check to see if the person who signed on the line that states, Settlement Agent is an attorney. After doing this you will find that legal Instruments such as the Mortgage, Note, HUD-1, etc were filled out and signed by a Notary meaning the none of the alleged documents are legally binding and are void without legal effect. What I have learned if one document fraudulent other documents are fraudulent too. FRAUDULENT MORTGAGE PROCEEDINGS At the time of this alleged mortgage closing allegedly took place Title Company, XXXX XXXX XXXX XXXX used a fraudulent form that : ( i ) that was not a valid HUD-1 Settlement Statement form, ( ii ) lacked an OMB Approval Number ( iii ) was not completed according to law ( iv ) is dated 3/86 ( XXXX XXXX ) ( in a tiny font ) ( v ) the pages are not numbered, etc. as EXHIBIT 4. This form was approximately 23 years old at the time the alleged XX/XX/XXXX mortgage was obtain. This would serve as a Red Herring because no legitimate title company would use a 23-year-old form. It should be noted that the HUD-1 Settlement Statements all contain a footer that states, previous edition are obsolete as shown below : Even if XXXXXXXX XXXXXXXX XXXX form was valid and it was not even a second grader know that an obsolete form can not be used. It is common practice for people engaged in corrupt activities to use obsolete forms, therefore I checked the date. A check of the OMB website shows that between XXXX XXXX XXXX* that they were no 2502 HUD Settlement forms issued in XXXX. Form ( iii ) lacked page numbers, etc. I was not aware of the foregoing and following information for many reasons ( i ) I had an attorney. I recently found out that my attorney XXXX XXXX also works for XXXX XXXX XXXX as title agent, which is conflict of interest. He received money from me and from XXXX. Attorneys that buyers and sellers have to have at closing are a waste of money. Most are affiliated of XXXX XXXX XXXX and get kickbacks. Further, because of the fraud committed by the Title Insurance Companies and the banks they are required by law to pay for the cost of the home and any other costs incurred. THE SETTLEMENT PROCESS Settlement means the process of executing legally binding documents regarding a lien on property that is subject to a federally related mortgage loan*. This process may also be called \" closing '' or \" escrow '' in different jurisdictions. *Federally related mortgage loan means : ( 1 ) Any loan ( other than temporary financing, such as a construction loan ) : ( 2 ) Any installment sales contract, land contract, or contract for deed on otherwise qualifying residential property is a federally related mortgage loan if the contract is funded in whole or in part by proceeds of a loan made by any maker of mortgage loans specified in paragraphs ( 1 ) ( ii ) ( A ) through ( D ) of this definition. 1024.8 USE OF HUD-1 OR HUD-1A SETTLEMENT STATEMENTS HUD -- 1 or HUD -- 1A settlement statement ( also HUD -- 1 or HUD -- 1A ) means the statement that is prescribed in this part for setting forth settlement charges in connection with either the purchase or the refinancing ( or other subordinate lien transaction ) of 1- to 4-family residential property. ( a ) Use by settlement agent. The settlement agent shall use the HUD-1 settlement statement in every settlement involving a federally related mortgage loan in which there is a borrower and a seller. For transactions in which there is a borrower and no seller, such as refinancing loans or subordinate lien loans, the HUD-1 may be utilized by using the borrower 's side of the HUD-1 statement. THE SETTLEMENT PROCESS Settlement means the process of executing legally binding documents regarding a lien on property that is subject to a federally related mortgage loan. This process may also be called \" closing '' or \" escrow '' in different jurisdictions. Settlement service means any service provided in connection with a prospective or actual settlement, including, but not limited to, any one or more of the following : ( 1 ) Origination of a federally related mortgage loan ( including, but not limited to, the taking of loan applications, loan processing, and the underwriting and funding of such loans ) ; ( 2 ) Rendering of services by a mortgage broker ( including counseling, taking of applications, obtaining verifications and appraisals, and other loan processing and origination services, and communicating with the borrower and lender ) ; ( 3 ) Provision of any services related to the origination, processing or funding of a federally related mortgage loan ; ( 4 ) Provision of title services, including title searches, title examinations, abstract preparation, insurability determinations, and the issuance of title commitments and title insurance policies ; ( 5 ) Rendering of services by an attorney ; ( 6 ) Preparation of documents, including notarization, delivery, and recordation ; ... ( 9 ) Conducting of settlement by a settlement agent and any related services ; ( 10 ) Provision of services involving mortgage insurance ; ( 11 ) Provision of services involving hazard, flood, or other casualty insurance or homeowner 's warranties ; ... ( 13 ) Provision of services involving real property taxes or any other assessments or charges on the real property ; ( 14 ) Rendering of services by a real estate agent or real estate broker ; and ( 15 ) Provision of any other services for which a settlement service provider requires a borrower or seller to pay. BACKGROUND REAL ESTATE SETTLEMENT PROCEDURES ACT The Real Estate Settlement Procedures Act ( RESPA ) was a law passed by the United States Congress in 1974 and codified as Title 12, Chapter 27 of the United States Code, 12 U.S.C. 26012617. The main objective was to protect homeowners by assisting them in becoming better educated while shopping for real estate services, and eliminating kickbacks and referral fees, which add unnecessary costs to settlement services. RESPA requires lenders and others involved in mortgage lending to provide borrowers with pertinent and timely disclosures regarding the nature and costs of a real estate settlement process. RESPA was also designed to prohibit potentially abusive practices such as kickbacks and referral fees, the practice of dual tracking, and imposes limitations on the use of escrow accounts. RESPA was created because various companies associated with the buying and selling of real estate, such as title insurance companies lenders, real estate agents, construction companies were often engaging in providing undisclosed kickbacks to each other, inflating the costs of real estate transactions and obscuring price competition by facilitating bait-and-switch tactics. RESPA outlines requirements that lenders must follow when providing mortgages that are secured by federally related mortgage loans. This includes home purchase loans, refinancing, lender approved assumptions, property improvement loans, equity lines of credit and reverse mortgages. Under RESPA, lending institutions must : Provide certain disclosures when applicable, including a Good-Faith Estimate of Settlement Costs ( GFE ), Special Information Booklet, HUD-1/1A settlement statement1 and Mortgage Servicing Disclosures. Provide the ability to compare the GFE to the HUD-1/1a settlement statements at closing Follow established escrow accounting practices Not proceed with the foreclosure process when the borrower has submitted a complete application for loss mitigation options, and Not pay kickbacks or pay referral fees to settlement service providers ( e.g., appraisers, real estate brokers/agents and title companies ) Good-Faith Estimate of Settlement Costs For closed-end reverse mortgages, a lender or broker is required to provide the consumer with the standard Good Faith Estimate ( GFE ) form. A Good Faith Estimate of Settlement Costs is a three-page document that shows estimates for the costs that the borrower will likely incur at settlement and related loan information. It is designed to allow borrowers to shop for a mortgage loan by comparing settlement costs and loan terms. These costs include, but are not limited to : Origination charges Estimates for required services ( e.g., appraisals, credit report fees, flood certification ) Title insurance Per diem interest Escrow deposits, and Insurance premiums The bank or mortgage broker must provide the GFE no later than three business days after the lender or mortgage broker received an application, or information sufficient to complete and application. A person may not give or receive a fee or anything of value for a referral of mortgage loan settlement business. This includes an agreement or understanding related to a federally related mortgage. Fees paid for mortgage-related services must be disclosed. Additionally, no person may give or receive any portion, split, or percentage of a fee for services connected with a federally related mortgage except for services actually performed. Permissible Compensation, Fees, salaries, compensation, or other payments. ( 1 ) Section 8 of RESPA permits : ( i ) A payment to an attorney at law for services actually rendered ; ( ii ) A payment by a title company to its duly appointed agent for services actually performed in the issuance of a policy of title insurance ; ( iii ) A payment by a lender to its duly appointed agent or contractor for services actually performed in the origination, processing, or funding of a loan ; ( iv ) ... In XXXX XXXX Congress amended RESPA to cover subordinate lien loans. Congress, when it enacted the Economic Growth and Regulatory Paperwork Reduction Act of 1996, it further amended RESPA to clarify certain definitions, including controlled business arrangement, which was changed to affiliated business arrangement. 1024.8 USE OF HUD-1 OR HUD-1A SETTLEMENT STATEMENTS ( a ) Use by settlement agent. The settlement agent shall use the HUD-1 settlement statement in every settlement involving a federally related mortgage loan in which there is a borrower and a seller. For transactions in which there is a borrower and no seller, such as refinancing loans or subordinate lien loans, the HUD-1 may be utilized by using the borrower 's side of the HUD-1 statement. ( b ) Charges to be stated. The settlement agent shall complete the HUD-1 or HUD-1A, in accordance with the instructions set forth in appendix A to this part. ( 1 ) In general. The settlement agent shall state the actual charges paid by the borrower and seller on the HUD-1, or by the borrower on the HUD-1A. The settlement agent must separately itemize each third party charge paid by the borrower and seller. All origination services performed by or on behalf of the loan originator must be included in the loan originator 's own charge. Administrative and processing services related to title services must be included in the title underwriter 's or title agent 's own charge. The amount stated on the HUD-1 or HUD-1A for any itemized service can not exceed the amount actually received by the settlement service provider for that itemized service, unless the charge is an average charge in accordance with paragraph ( b ) ( 2 ) of this section ... ( ii ) The settlement service provider shall define the particular class of transactions for purposes of calculating the average charge as all transactions involving federally related mortgage loans for : ( A ) A period of time as determined by the settlement service provider, but not less than 30 calendar days and not more than 6 months ; ( B ) A geographic area as determined by the settlement service provider ; and ( C ) A type of loan as determined by the settlement service provider. ( iii ) A settlement service provider may use an average charge in the same class of transactions for which the charge was calculated. If the settlement service provider uses the average charge for any transaction in the class, the settlement service provider must use the same average charge in every transaction within that class for which a GFE was provided. ( iv ) The use of an average charge is not permitted for any settlement service if the charge for the service is based on the loan amount or property value. For example, an average charge may not be used for transfer taxes, interest charges, reserves or escrow, or any type of insurance, including mortgage insurance, title insurance, or hazard insurance. ( c ) Violations of section 4 of RESPA ( 12 U.S.C. 2603 ). A violation of any of the requirements of this section will be deemed to be a violation of section 4 of RESPA. An inadvertent or technical error in completing the HUD-1 or HUD-1A shall not be deemed a violation of section 4 of RESPA if a revised HUD-1 or HUD-1A is provided in accordance with the requirements of this section within 30 calendar days after settlement. VIOLATIONS OF SECTION 4 OF RESPA ( 12 U.S.C. 2603 ) A violation of any of the requirements of this section will be deemed to be a violation of section 4 of RESPA. In 2008, HUD issued a RESPA Reform Rule ( 73 Fed. Reg. 68204, XXXX XXXX XXXX ) that included substantive and technical changes to the existing RESPA regulations and different implementation dates for various provisions. Substantive changes included a standard Good Faith Estimate ( GFE ) form and a revised HUD-1 Settlement Statement. TechnicaXXXX changes, including streamlined mortgage servicing disclosure language, elimination of outdated escrow account provisions and a provision permitting an average charge to be listed on the GFE and HUD-1 Settlement Statement, took effect on XXXX XXXX XXXX. Key XXXX RESPA Reform Enhancements to the HUD- 1/1A Settlement Statement While the XXXX RESPA Reform Rule did not include any substantive changes to the first page of the HUD-1/1A form, there were changes to the second page of the form to facilitate comparison between the HUD-1/1A and the GFE. Each designated line on the second page of the revised HUD- 1/1A includes a reference to the relevant line from the GFE. With respect to disclosure of no cost loans where no cost refers only to the loan originators fees ( see Section L, subsection 800 of the HUD-1 form ), the amounts shown for the origination charge and the credit or charge for the interest rate chosen should offset, so that the adjusted origination charge is zero. In the case of a no cost loan where no cost encompasses loan originator and third-party fees, all third-party fees must be itemized and listed in the borrowers column on the HUD- 1/1A. These itemized charges must be offset with a negative adjusted origination charge ( Line 803 ) and recorded in the columns. To further facilitate comparability between the forms, the revised HUD-1 includes a third page ( second page of the HUD-1A ) that allows borrowers to compare the loan terms and settlement charges listed on the GFE with the terms and charges listed on the closing statement. The first half of the third page includes a comparison chart that sets forth the settlement charges from the GFE and the settlement charges from the HUD-1 to allow the borrower to easily determine whether the settlement charges exceed the charges stated on the GFE. If any charges at settlement exceed the charges listed on the GFE by more than the permitted tolerances, the loan originator may cure the tolerance violation by reimbursing to the borrower the amount by which the tolerance was exceeded. A borrower will be deemed to have received timely reimbursement if the financial institution delivers or places the payment in the mail within 30 calendar days after settlement. Inadvertent or technical errors on the settlement statement are not deemed to be a violation of Section 4 of RESPA if a revised HUD-1/1A is provided to the borrower within 30 calendar days after settlement. The second half of the third page sets forth the loan terms for the loan received at settlement in a format that reflects the summary of loan terms on the first page of the GFE, but with additional loan related information that would be available at closing. Secure and Fair Enforcement for Mortgage Licensing Act The Secure and Fair Enforcement for Mortgage Licensing Act of 2008 ( SAFE Act ) was enacted on XXXX XXXX XXXX  and mandates a nationwide licensing and registration system for residential mortgage loan originators ( MLOs ) The SAFE Act prohibits individuals from engaging in the business of a residential mortgage loan originator without first obtaining and maintaining annually : For individuals who are employees of covered financial institution, registration as a registered mortgage loan originator and a unique identifier ( federal registration ), or For all other individuals, a state license and registration as a state-licensed mortgage loan originator, and a unique identifier ( state licensing/registration ). The SAFE Act requires that federal registration and state licensing and registration be accomplished through the same online registration system, the Nationwide Mortgage Licensing System and Registry ( Registry ). The objectives of the SAFE Act include aggregating and improving the flow of information to and between regulators ; providing increased accountability and tracking of MLOs ; enhancing consumer protections ; supporting anti-fraud measures ; and providing consumers with easily accessible information at no charge regarding the employment history of and publicly adjudicated disciplinary and enforcement actions against MLOs. On XXXX XXXX XXXX, the OCC, Board, FDIC, OTS, NCUA, and FCA ( collectively the Agencies ) published substantively similar regulations implementing the SAFE Act federal registration requirements for the institutions they supervise and the institutions MLO employees ( SAFE Act regulation ). On July 21, 2011, Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( Dodd-Frank Act ) transferred rule-making authority for the SAFE Act from the Agencies to the Consumer Financial Protection Bureau ( CFPB ). On December 19, 2011, the CFPB restated the implementing SAFE Act regulations to 12 CFR 1007 ( 76 Federal Register 78483 ), establishing a new Regulation G, SAFE Mortgage Licensing ActFederal Registration of Residential Mortgage Loan Originators. These examination procedures lay out the background and requirements of the SAFE Act and the SAFE Act regulation concerning federal registration. Mortgage loan originator or MLO means an individual who ( 1 ) takes a residential mortgage loan application and ( 2 ) offers or negotiates terms of a residential mortgage loan for compensation or gain. Registry means the Nationwide Mortgage Licensing System and Registry, or NMLS system, developed and maintained by the Conference of State Bank Supervisors and the American Association of Residential Mortgage Regulators for the state licensing and registration of state- licensed MLOs, and through which federal MLO registrations must be accomplished. Registered mortgage loan originator or registrant means any individual who ( 1 ) meets the MLO definition ; ( 2 ) is an employee of a covered financial institution ; ( 3 ) is registered pursuant to the regulation with the Registry ; and ( 4 ) maintains a unique identifier through the Registry. Residential mortgage loan means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling ( as defined in Section 103 ( v ) of the Truth in Lending Act, 15 U.S.C. Section 1602 ( v ) ) or residential real estate upon which is constructed or intended to be constructed a dwelling ( including manufactured homes ) and includes refinancings, reverse mortgages, home equity lines of credit, and other first and additional lien loans. Unique identifier means a number or other identifier that : ( 1 ) permanently identifies a registered MLO ; ( 2 ) is assigned by protocols established by the Registry and the Bureau to facilitate electronic tracking of MLOs, as well as uniform identification of, and public access to, the employment history of and the publicly adjudicated disciplinary and enforcement actions against MLOs ; and ( 3 ) must not be used for purposes other than those set forth under the SAFE Act. ; TILA, GSE, and HUD Requirements Title XIV, Section 1402 of the Dodd-Frank Act amended the Truth in Lending Act ( TILA ) to require ( 1 ) MLOs to include on all loan documents any unique identifier of the MLO provided by the NMLS, and ( 2 ) the CFPB to issue implementing regulations requiring depository institutions to establish and maintain procedures reasonably designed to assure and monitor compliance with the SAFE Acts federal registration requirements. Illinois Notary Public Act ( Source : P.A. 86-1475 ( 5 ILCS 312/Art. I heading ) ARTICLE I ) to promote, serve, and protect the public interest. XXXX XXXX and XXXX XXXX both work for Illinois Secretary of States Office XXXX XXXX XXXX is employed as the Chief Judge for the Illinois Court of Claims. XXXX XXXX is XXXX XXXX boss. XXXX has donated hundreds of thousand dollars to his campaigns. XXXX has also been CEO of the XXXX XXXX XXXX XXXX XXXX attends XXXX parties, etc. XXXX XXXXe was elected as the XXXX County Recorder of Deeds in XXXX and XXXX. The foregoing is important because the Illinois Secretary of State is responsible of issuing notary licensees and disciplinary actions against. Needless, to say the notaries that work for most of these banks and title agencies are fully aware that, XXXX XXXX  Attorney General XXXX XXXX  and so many others work for the interest of the banks and XXXX XXXX XXXX. ( 5 ILCS 312/1-104 ) ( from Ch. 102, par. 201-104 ) Sec. 1-104. Notary Public and Notarization Defined. ( a ) The terms \" notary public '' and \" notary '' are used interchangeably to mean any individual appointed and commissioned to perform notarial acts. ( b ) \" Notarization '' means the performance of a notarial act. ( 5 ILCS 312/2-102 ) ( from Ch. 102, par. 202-102 ) Sec. 2-102. Application. Every applicant for appointment and commission as a notary shall complete an application in a format prescribed by the Secretary of State to be filed with the Secretary of State, stating : ( a ) the applicant 's official name, as it appears on his or her current driver 's license or state-issued identification card ; ( b ) the county in which the applicant resides or, if the applicant is a resident of a state bordering Illinois, the county in Illinois in which that person 's principal place of work or principal place of business is located ; ( c ) the applicant 's residence address, as it appears on his or her current driver 's license or state-issued identification card ; ( c-5 ) the applicant 's business address if different than the applicant 's residence address, if performing notarial acts constitutes any portion of the applicant 's job duties ; ( 5 ILCS 312/3-102 ) ( from Ch. 102, par. 203-102 ) Sec. 3-102. Notarial Record ; Residential Real Property Transactions. ( a ) THIS SECTION SHALL APPLY TO EVERY NOTARIAL ACT IN ILLINOIS INVOLVING A DOCUMENT OF CONVEYANCE THAT TRANSFERS OR PURPORTS TO TRANSFER TITLE TO RESIDENTIAL REAL PROPERTY LOCATED IN COOK COUNTY ( b ) As used in this Section, the following terms shall have the meanings ascribed to them : ( 1 ) \" Document of Conveyance '' shall mean a written instrument that transfers or purports to transfer title effecting a change in ownership to Residential Real Property. ( 3 ) \" Notarial Record '' shall mean the written document created in conformity with this Section by a notary in connection with Documents of Conveyance. SEE THE ATTACHED PDF 'S","date_sent_to_company":"2021-05-25T05:33:48.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"60630","tags":null,"has_narrative":true,"complaint_id":"4403106","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"GUARANTEED RATE INC.","date_received":"2021-05-25T00:47:23.000Z","state":"IL","company_public_response":null,"sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["On XXXX XXXX XXXX, the OCC, <em>Board</em>, FDIC, OTS, NCUA, and FCA ( collectively the Agencies ) published substantively similar <em>regulations</em> implementing the SAFE Act federal registration requirements for the institutions they supervise and the institutions MLO employees ( SAFE Act <em>regulation</em> )."]},"sort":[8.650608,"4403106"]},{"_index":"complaint-public-v1","_id":"7383815","_score":8.39047,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"United Auto Credit Corp subsidiary of parent company XXXX XXXX ( parent company ) of who is also referred to as United Auto Credit Corporation ( UACC ) that was integrated with and now considered a lending company operation for XXXX XXXX XXXX XXXX is owner of United Auto Credit Corporation per their XXXX annual report pursuant to section 13 or 15d of the Securities and Exchange Act of 1934 for the fiscal year that ended XX/XX/XXXX. Their Commission file number : XXXX is. XXXX XXXX subsidiary company referenced in the XXXX annual reporting as ( UACC ) United Auto Credit Corporation have not been in compliance with the agreement they signed with the United States Security And Exchange Commission. Pursuant to section 13 or 15 ( b ) the Securities Exchange Act of 1934.This also includes their disregard to Rule 405 of the Securities Act, and implemented by the Sarbanes-Oxley Act of XXXX ( 15 U.S.C. 7262 ( b ). Per your agreement as amended ( the \" Sarbanes Oxley-Act '' ), the XXXX XXXX Reform and Consumer Protection Act of XXXX ( the Dodd-Frank Act ), the XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX and XXXX rules and standards. All which imposes additional reporting and other obligations in reference to XXXX XXXX and subsidiaries as a public company. Because your company agreed to comply with government regulations and your company XXXX XXXX ( UACC ) United Auto Credit Corporation are subject to extensive U.S. federal, state and local laws and regulation. This also includes protection laws, including prohibitions against unfair or deceptive acts or practices. The federal governmental agencies that regulate your company/ business and has the authority to enforce such statutes and laws against you including agencies such as the U.S. Federal Trade Commission , the U.S. Department of Transportation XXXX the U.S. Occupational Health and Safety Administration , the U.S. Department of Justice and the U.S. Federal Communications Commission XXXX Additionally, XXXX XXXX and subsidiary ( UACC ) are subject to such statutes by individual state dealers licensing authorities, state consumer protection agencies and state financial regulatory agencies. In addition, ( UACC ) are subject to enforcement by the Consumer Financial Protection Bureau ( CFPB ) and state consumer protection agencies, including state attorney general offices and state financial regulatory agencies. Failure to comply with federal, state and local laws and regulations relating to privacy, data protection and consumer protection, or the expansion of current or the enactment of new laws or regulations relating to privacy, data protection and consumer protection. Failure to protect such information could harm your reputation and could adversely affect your company including subsidiaries that fall under your business, financial condition and results of operations. XXXX XXXX parent company of subsidiary United Auto Credit Corporation are also supposed to remain in compliance and conformity of GAAP. XXXX XXXX and subsidiaries have not been in compliance and continue to fail to acknowledge, wrongdoing not only in reference to the Securities and Exchange Act of 1934, but also failed to comply FINRAS rules and guidance as a business. XXXX XXXX and subsidiary ( UACC ) has continued to voluntarily violate my privacy and security by not safeguarding my personal information. Instead they choose to share that information with third party vendors such as repossession companies. As a whole this company has not lived up to their promises that they agreed to. This organization has violated my privacy rights as a consumer, and misled me by failing to maintain my security for sensitive consumer information, or caused substantial consumer injury. United Auto Credit Corporation subsidiary of XXXX XXXX has violated Section 5 of the FTC Act, which bars unfair and deceptive acts and practices in or affecting commerce. As a company Vroom Inc subsidiary ( UACC ) has violated numerous rules, regulations of the agreement of the Securities Exchange Act of 1934, Rule 405 of the Securities Act, Section 13 or Section 15 ( d ) of the Act, and implemented by the Sarbanes-Oxley Act of 2022 ( 15 U.S.C. 7262, the Dodd-Frank Act ), the Public Company XXXX XXXX XXXX XXXX XXXX ) and XXXX rules and standards. I am aware that XXXX takes disciplinary actions against firms and individuals for violations of FINRA rules ; federal securities laws, rules, and regulations ; and the rules of the XXXX XXXX XXXX XXXX. In addition to Sanctions including restitution, fines, suspensions, and in cases of serious misconduct, bars from the brokerage industry. XXXX XXXX and subsidiaries provided false and misleading information in reference to the my contract and didnt advise me of my right to rescind and revoke their right to have security in my contract, insurance bonds, repossession, maintenance bonds, finance charges and proceeds. And it needs to be redirected to its lawful owner, myself XXXX XXXX. You XXXX XXXX and subsidiary of United Auto Credit Corporation are allowed to keep your 20 % and I make my 80 %. I did not authorize nor agree to your company giving my personal information to other companies such as those who repossessed my vehicle. Privacy Act of 1974 ( 5 U.S. Code 552a ). The term record means any item, collection or grouping of information about an individual that is maintained by agency, including, but not limited to financial transactions and any information containing my name or identifiable number. XXXX XXXX and subsidiaries did not provide a conditional disclosure. No agency or company shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains. unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. Again they need prior written instruction of the individual to whom it relates. Section 3711 ( e ) of title 31 States ( 1 ) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if ( E ) the head of the agency has established procedures to ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information ; XXXX XXXX and subsidiaries did not receive any written consent prior to the repossession to release my private information to any other third party companies Skip.co and relentless auto in reference to repossession. XXXX XXXX and XXXX United Auto Credit Corporation have violated not only the Fair Credit Reporting Act but also the Privacy Act of 1974. According to PART 1016 - PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) 12 CFR 1016.1 Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 1016.13, 1016.14, and 1016.15. Every company should provide a privacy notice before they furnish any information to my consumer report. XXXX XXXX and subsidiaries failed to provide me with a privacy notice, nor did they advise they were furnishing my information which is a violation. According to 12 CFR 1016.4 Initial privacy notice to consumers required. XXXX XXXX and subsidiaries ( UACC ) per 1016.4 Initial privacy notice to consumers required to Provide an Initial notice. It must provide a clear and conspicuous notice that accurately reflects XXXX XXXX ( UACC ) privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title. 15 U.S. Code 6805 - Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law. XXXX and XXXX are consumer reporting agencies and I am the Consumer. I have the right to make sure my private information isn't shared which is backed by 15 USC 6801 which states \" It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' Your company Never informed me of my right to exercise my nondisclosure option. Not only that 15 USC 1681C ( a ) ( 5 ) states '' Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. Also, 15 U.S.Code 1692e ( 4 ) illegal repossessions states it is a fact, affiant is aware, this threat of foreclosure, that I, the affiant has proof of in documented Vroom Inc subsidiary ( UACC ) is a violation of 15 U.S.Code 1692e ( 4 ) and is fraud and illegal in the collection of any debts. This is a right secured to me by this code herein and the 4th amendment of the U.S Constitution. Notice, it is a fact, affiant is invoking it's right of rescission in accordance with 15 U.S.Code 1635 and UCC 3- 306 to rescind any power of attorney which may have been used in connection with this transaction which includes any derivative, hypothecation, trades, transfers of possession, whether voluntary or involuntary involving any and every instrument which may have occurred unbeknownst to me. I was not given full disclosure of any such power of attorney until discovery of its potential existence and demand a full revocation of such document ( s ) ; nunc pro tunc. For each violation of TILA is double the finance charge when it comes to consumer credit transactions. Each violation is double the finance charge. In a lease each violation is XXXX dollars. If there is no security interest its XXXX per violation or higher depending on a pattern of failures aka XXXX. charges. XXXX XXXX parent company of subsidiary United auto credit Corporation did not follow or comply with my request for documentary evidence pursuant to 15 U.S.Code 44 including all documents, papers, correspondence, books of account, and financial and corporate records which involve all derives, assignees, hypothecations in connection with my all caps name. I require this clarification in order to address the billing error for the amount shown in this statement in Exhibit ( -- ). I need to clarify who funded the account and how much is owed according to the journal and ledger entries from the date of open of this account as described in IRS Publication 583. Because United Auto Credit Corporation ( the creditor ) did not provide all documentary evidence as defined under 15 U.S.Code 44 this will result in a billing error and the creditor forfeits all rights to collect on the amount the person has identified in dispute. If I am provided with the final payout statement amount and states the amount is a billing error then the entire amount would not be able to be collected on. Notice, it is a fact, affiant is aware, until the creditor has resolved a billing error dispute United auto Credit Corporation can not report any information to any third party including any consumer reporting agencies unless the billing error dispute is over. Such reporting will be admittance to criminal liability under 15 U.S.Code 1611 ( 1 ) for failing to disclose information XXXX XXXX subsidiary United Auto Credit Corporation is required to disclosed the documentary evidence or be subject to double the finance charge for failing to comply to TILA requirements per individual action under 15 U.S.Code 1640 ( a ) ( 2 ) ( A ) ( i ). Notice, it is a fact, affiant is aware, 15 U.S.Code 1637 ( b ) ( 2 ) ( A ) refers to a request to resolve a billing error, by providing all documentary evidence for clarification of who funded the account. Until that request is done United auto Credit Corporation can not report late payments in accordance with regulations of the Bureau,12 CFR 1026.13 ( d ) ( 3 ). If United Auto Credit Corporation reports late payments without meeting the requirements under 15 U.S.Code 1637 ( b ) this is a violation of 15 U.S.Code 1666b and all late payments reported associated with the account. According to 1666d - If there is a balance of credit or insurance of the account in connection to a consumer credit transaction with a surplus over 1 dollar, this account should be credited in the amount of the credit balance, upon request, the remaining balance of the amount should be refunded to the consumer, by cash, check, or money order. The amount can not be known without knowing the journal and legder entires of the account from the date of account opening as described in Publication IRS 583. Notice, it is a fact, affiant is aware, I have exercised my rights in good faith and I have reason to believe and do so believe I have been wrongfully discriminated against by United Auto Credit Corporation is violating 15 U.S.Code 1691 ( a ) ( 3 ). Notice it is a fact, affiant is aware, pursuant to 15 U.S. Code 6809 ( 9 ), I the affiant, am a consumer in connection with this XXXX XXXX XXXX XXXX subsidiary ( UACC ). Notice it is a fact, affiant is aware, whoever violates 15 U.S. Code 6821 such as the a false, fictitious, or fraudulent statement or representation to a customer of a financial institution will be held liable under 15 U.S. Code 6823 ( a ) to fines under Title 18 USC 3751 with fines up to 500,000 for a felony by an organization or imprisoned for 5 years or both. 15 U.S. Code 6827 ( 4 ) ( B ) Definition of a financial institution includes any depository institution, any broker or dealer, any investment adviser or investment company, any insurance company, any loan or finance company, any credit card issuer or operator of a credit card system, any consumer reporting agency, any institution engaged in the business of providing financial services to customers who maintain a credit, deposit, trust, or other financial account or relationship with the institution. Notice, it is a fact, affiant is aware, the definition of payment pursuant to 15 U.S. Code 78MQ1 refers to oil for commercial use and minerals in reference to gold and silver as lawful money detailed in the U.S. Constitution. I, the affiant, is unaware of any other definition of payment under commerce and trade or the consumer credit protection act. Out of these options defined under federal law, XXXX XXXX and subsidiaries ( UACC ) United Auto Credit Corporation did not specify which of these options the company preferred as payment. Nowhere in connection with commerce and trade is legal tender constitutes satisfaction of payment. Because there is no money in circulation, I have provide 1099c IRS documentation stating debt was cancelled. Notice, it is a fact, affiant is aware, in accordance with 15 U.S.Code 77q affiant has reason to believe and do so believe XXXX XXXX and subsidiaries ( UACC ) United Auto Credit Corporation has committed securities fraud as it is unlawful to offer or sell of any securities by use of the mails, directly or indirectly to employ any scheme, or artifice to defraud, obtain money or property by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, or engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser. Notice it is a fact, affiant is aware, the consumer has the right to request the money audit trial 12 U.S.Code 5562 ( c ) ( 10 ) and would this product of document material as documentary evidence in order to properly address this subject matter and without this documentary evidence there can be no validation of such debt. Notice it is a fact, affiant is aware, in accordance with 12 U.S.Code 1831n ( 2 ) ( A ) the GAAP audit trail, accounting and insurance would be needed as document evidence in order to properly address this subject matter and without this documentary evidence there can be no validation of such debt. Notice, it is a fact, affiant alleges in accordance with 28 U.S. Code 3002 ( 1 ) ( B ) United Auto Credit Corporation is not a US attorney, an assistant or designated to act on behalf of the US attorney, or an attorney or the US Dept. of Justice or a Federal agency with litigation authority, which means the head of agency with any accompanied private attorney must have a contract made in accordance with section 3718 of title 31 to conduct any litigation or collection of debts pursuant to 18 U.S.Code 8 on behalf of the United States and otherwise would have no rights to collect. Notice, it is a fact, affiant is aware, the United States is a federal corporation pursuant to 28 U.S.Code 3002 ( 15 ) ( A ) Notice, it is a fact, affiant is aware, in the head of the agency or its private attorney pursuant to 28 U.S.Code 3002 ( 1 ) ( B ) needs a contract with a to collection service to recover or locate indebtedness owed by the United States Govt in accordance with 18 U.S.Code 8. Notice, it is a fact, affiant is aware, in the head of the agency involved in the collection of debts or collection activity when they perform any of the following conduct ; administrative offset, tax refund offset, referral to private collection contractors, referral to agencies operating a debt collection center, reporting delinquencies to credit reporting bureaus, garnishing wages, and litigation or foreclosure. If XXXX XXXX subsidiary United Auto Credit Corporation has filled out a 1099c form and is continuing any of these activities they have committed tax fraud and should be reported to the IRS for a fraudulent financial gain. Notice, it is a fact, affiant is aware, she/her is a consumer, a natural person who seeks or acquires goods or services for personal, family, or household use only in accordance with the federal regulation 16 CFR 433.1 ( b ). Notice, it is a fact, in connection with any sale or lease to a consumer, such as I, the affiant am aware, a contract must include the provision described in 16 CFR 433.2 ( a ) otherwise this contract would be known to be an unfair or deceptive act or form. In connection with this provision, I am invoking my right as the debtor to assert all claims and defenses against United Auto Credit Corporation in connection with this transaction and or negotiable instrument and any other possible derivatives in order to recovery any amounts paid and its proceeds. I have claim to the interest and the proceeds of each trade and instrument in accordance with UCC 3-306 with the possessory right to both the instruments and the property. I am asking that you properly remit my 1099c so that I can properly file my taxes return. Please send Copy B of 1099c and documentation stating that it was transmitted to the treasury. I just realized I have not truly paid you. Please return all of my ( Floating rate notes ) In addition, I am requesting that all my tenders are returned back to me. Please also wire my securities through my XXXX account. Please also return my XXXX XXXX XXXX XXXX XXXX XXXX XXXX  to its original location and address. And please send my title as well. If the vehicle is sold for any reason then I would like a check issue to me for the full amount of vehicle including the down payment and finance charge for the 72 months listed in the contract or another vehicle of my choosing for the inconvenience. I am now revoking your right to have security in this, insurance bonds, maintenance bonds, finance charges and proceeds. And it needs to be redirected to its lawful owner. You are allowed to keep your 20 % and I make my 80 %. Please also be mindful of Federal Reserve act section 29 in regards to a Civil Money Penalty. \" a ) First Tier. Any member bank which, and any institution-affiliated party ( within the meaning of section 3 ( u ) of the Federal Deposit Insurance Act ) with respect to such member bank who, violates any provision of section 22, 23A, or 23B, or any regulation issued pursuant thereto, shall forfeit and pay a civil penalty of not more than {$5000.00} for each day during which such violation continues. '' [ 12 USC 504 ( a ) ( b ) Second Tier. Notwithstanding subsection ( a ), any member bank which, and any institution-affiliated party ( within the meaning of section 3 ( u ) of the Federal Deposit Insurance Act ) with respect to such member bank who commits any violation described in subsection ( a ) ; recklessly engages in an unsafe or unsound practice in conducting the affairs of such member bank ; or breaches any fiduciary duty ; which violation, practice, or breach -- is part of a pattern of misconduct ; causes or is likely to cause more than a minimal loss to such member bank ; or results in pecuniary gain or other benefit to such party, shall forfeit and pay a civil penalty of not more than {$25000.00} for each day during which such violation, practice, or breach continues. \n\n[ 12 USC 504 ( b ).\n\n( c ) Third Tier. Notwithstanding subsections ( a ) and ( b ), any member bank which, and any institution-affiliated party ( within the meaning of section 3 ( u ) of the Federal Deposit Insurance Act ) with respect to such member bank who -- knowingly -- commits any violation described in subsection ( a ) ; engages in any unsafe or unsound practice in conducting the affairs of such credit union ; or breaches any fiduciary duty ; and knowingly or recklessly causes a substantial loss to such credit union or a substantial pecuniary gain or other benefit to such party by reason of such violation, practice, or breach, shall forfeit and pay a civil penalty in an amount not to exceed the applicable maximum amount determined under subsection ( d ) for each day during which such violation, practice, or breach continues. \n\n[ XXXX XXXX XXXX ( c ). As added by act of XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) and amended by act of XXXX XXXX, XXXX ( XXXX XXXX. XXXX ). ] ( d ) Maximum Amounts Of Penalties For Any Violation Described In Subsection ( c ). The maximum daily amount of any civil penalty which XXXX be assessed pursuant to subsection ( c ) for any violation, practice, or breach described in such subsection is -- in the case of any person other than a member bank, an amount to not exceed {>= $1,000,000} ; and in the case of a member bank, an amount not to exceed the lesser of -- {>= $1,000,000} ; or XXXX percent of the total assets of such member bank. \n[ 12 USC 504 ( d ). As added by act of XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) and amended by acts of XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) and XXXX XXXX, XXXX ( XXXX XXXX. XXXX ). ] ( XXXX ) Assessment, Etc. Any penalty imposed under subsection ( a ), ( b ), or ( c ) shall be assessed and collected by in the case of a national bank, by the Comptroller of the Currency ; and in the case of a State member bank, by the Board, in the manner provided in subparagraphs ( E ), ( F ), ( G ), and ( I ) of section 8 ( i ) ( 2 ) of the FederaXXXX XXXX XXXX XXXX for penalties imposed ( under such section ) and any such assessment shall be subject to the provisions of such section. \n\n[ XXXX XXXX XXXX ( XXXX ). As added by act of XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) and amended by act of XXXX XXXX, XXXX ( XXXX XXXX. XXXX ). ] ( f ) Hearing. The member bank or other person against whom any penalty is assessed under this section shall be afforded an agency hearing if such member bank or person submits a request for such hearing within 20 days after the issuance of the notice of assessment. Section XXXX ( h ) of the Federal Deposit Insurance Act shall apply to any proceeding under this section. \n\n[ XXXX XXXX XXXX ( f ). As added by act of XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) and amended by act of XXXX XXXX, XXXX ( XXXX XXXX. XXXX ). ] ( g ) Disbursement. All penalties collected under authority of this paragraph shall be deposited into the Treasury. \n\n[ XXXX XXXX XXXX ( g ). As added by act of XXXX XXXX, XXXX ( XXXX XXXX. XXXX ) and amended by act of XXXX XXXX, XXXX ( XXXX XXXX. XXXX ). ] ( h ) Violate Defined. For purposes of this section, the term \" violate '' includes any action ( alone or with another or others ) for or toward causing, bringing about, participating in, counseling, or aiding or abetting a violation. \n\n[ XXXX XXXX XXXX ( h ). As added by act of XXXX XXXX, XXXX ( XXXX XXXX. XXXX ). ] ( i ) Regulations. The Comptroller of the Currency and the XXXX shall prescribe regulations establishing such procedures as XXXX be necessary to carry out this section. \n\n[ XXXX XXXX XXXX ( i ). As added by act of XXXX XXXX, XXXX ( XXXX XXXX. XXXX ). ] ( m ) * Notice Under This Section After Separation From Service. The resignation, termination of employment or participation, or separation of an institution-affiliated party ( within the meaning of section XXXX ( u ) of the Federal Deposit Insurance Act ) with respect to a member bank ( including a separation caused by the closing of such a bank ) shall not affect the jurisdiction and authority of the appropriate Federal banking agency to issue any notice and proceed under this section against any such party, if such notice is served before the end of the 6-year period beginning on the date such party ceased to be such a party with respect to such bank ( whether such date occurs before, on, or after the date of the enactment of this subsection ). \n\n[ 12 USC 504 ( m ). As added by act of XXXX XXXX, XXXX ( XXXX XXXX. XXXX ). ] * Violations 15 U.S.Code 1692e ( 10 ) 1 15 U.S.Code 1692e ( 12 ) 15 U.S.Code 1692f ( 1 ) 15 U.S.Code 1692f ( 6 ) 15 U.S.Code 1692g ( b ) 15 U.S.Code 1692g ( c ) 15 U.S.Code 1692h 15 U.S.Code 1692j 1 15 U.S.Code 1692k ( a ) ( 1 ) 15 U.S.Code 1692k ( a ) ( 2 ) ( A ) 15 U.S.Code 1681a ( 2 ) ( B ) 15 U.S.Code 1681i ( 6 ) ( A ) 15 U.S. Code 1681q TITLE 15 CHP 41 1601 15 U.S.Code 1602 ( b ) 15 U.S.Code 1602 ( e ) 15 U.S.Code 1602 ( f ) 15 U.S.Code 1602 ( v ) title 15 U.S.Code 1605 15 U.S.Code 1605 ( a ) 15U.S.Code1605 ( a ) ( b ) 15 U.S. Code 1611 15 U.S. Code 1635 15 U.S.Code 1635 ( f ) 15 U.S. Code 1637 ( b ) ( 2 ) ( A ) 15 U.S.Code 1640 ( a ) 15 U.S.Code 1644 ( a ) 15 U.S. Code 1662 ( b ) 15 U.S. Code 1691 15 U.S. Code 78m ( q ) ( 1 ) 12 U.S.Code 5562 ( c ) ( 10 ) 12U.S.Code1831n ( 2 ) ( A ) 28 U.S.Code 1746 28 USC 1746 28 U.S. Code 3002 ( 1 ) ( B ) 28 USC 3002 ( 1 ) ( B ) 28 U.S. Code 3002 ( 15 ) ( A ) 31 U.S. Code 3711 ( e ) ( 9 ) 31 U.S. Code 3711 ( e ) ( 9 ) 16 C.F.R. 433.1 ( b ) 16 CFR 433.2 ( a","date_sent_to_company":"2023-08-10T19:10:23.000Z","issue":"Struggling to pay your loan","sub_product":"Loan","zip_code":"43110","tags":null,"has_narrative":true,"complaint_id":"7383815","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"United PanAm Financial Corp.","date_received":"2023-08-10T18:37:02.000Z","state":"OH","company_public_response":null,"sub_issue":"Loan balance remaining after the vehicle is repossessed and sold"},"highlight":{"complaint_what_happened":["Notice it is a fact, affiant is aware, in accordance with 12 U.S.Code 1831n ( 2 ) ( A ) the GAAP audit trail, <em>accounting</em> and insurance would be needed as document evidence in order to properly address this <em>subject</em> matter and without this documentary evidence there can be no validation of such debt. Notice, it is a fact, affiant <em>alleges</em> in accordance with 28 U.S."]},"sort":[8.39047,"7383815"]},{"_index":"complaint-public-v1","_id":"6443314","_score":6.606015,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"On my credit I have this account XXXX XXXX XXXX # XXXX the payment history is wrong! XXXX then XXXX, CO? No payment history for XXXX! This all is a violation per 15 U.S. Code 1666b ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement, including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. \n\nThe whole account on the credit report for XXXX and Experian that is a violation per 15 U.S. Code 1666a a ) Reports by creditor on obligors failure to pay amount regarded as a billing error After receiving a notice from an obligor as provided in section 1666 ( a ) of this title, a creditor or his agent may not directly or indirectly threaten to report to any person adversely on the obligors credit rating or credit standing because of the obligors failure to pay the amount indicated by the obligor under section 1666 ( a ) ( 2 ) of this title, and such amount may not be reported as delinquent to any third party until the creditor has met the requirements of section 1666 of this title and has allowed the obligor the same number of days ( not less than ten ) thereafter to make payment as is provided under the credit agreement with the obligor for the payment of undisputed amounts. \n\n( b ) Reports by creditor on delinquent amounts in dispute ; notification of obligor of parties notified of delinquency If a creditor receives a further written notice from an obligor that an amount is still in dispute within the time allowed for payment under subsection ( a ) of this section, a creditor may not report to any third party that the amount of the obligor is delinquent because the obligor has failed to pay an amount which he has indicated under section 1666 ( a ) ( 2 ) of this title, unless the creditor also reports that the amount is in dispute and, at the same time, notifies the obligor of the name and address of each party to whom the creditor is reporting information concerning the delinquency. \n\n( c ) Reports by creditor of subsequent resolution of delinquent amounts A creditor shall report any subsequent resolution of any delinquencies reported pursuant to subsection ( b ) to the parties to whom such delinquencies were initially reported. \n\nI never gave written, unwritten verbal and nonverbal consent to any of the XXXX companies to publish my credit report per 15 USC 6802 ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title 15 U.S.C. 1681-1681u ( 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( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. \n( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter. \n( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. \n( c ) The term consumer means an individual. \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 1681s3 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 persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons 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 persons 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 persons ; ( 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 ] ( 3 ) Restriction on sharing of medical information.Except for information or any communication of information disclosed as provided in section 1681b ( g ) ( 3 ) of this title, the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services. \n( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer. \n( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. \n( g ) The term file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored. \n( h ) The term employment purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee. \n( i ) Medical Information.The term medical information ( 1 ) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to ( A ) the past, present, or future physical, mental, or behavioral health or condition of an individual ; ( B ) the provision of health care to an individual ; or ( C ) the payment for the provision of health care to an individual. [ 2 ] ( 2 ) does not include the age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy. \n( j ) Definitions Relating to XXXX XXXX Obligations. \n( 1 ) Overdue support.\n\nThe term overdue support has the meaning given to such term in section 666 ( e ) of title 42.\n\n( 2 ) State or local child support enforcement agency.\n\nThe term State or local child support enforcement agency means a State or local agency which administers a State or local program for establishing and enforcing child support obligations. \n( k ) Adverse Action. \n( 1 ) Actions included.The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 1681b ( a ) ( 3 ) ( D ) of this title ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under section 1681b ( a ) ( 3 ) ( F ) ( ii ) of this title ; and ( II ) adverse to the interests of the consumer.\n\n( 2 ) Applicable findings, decisions, commentary, and orders. \nFor purposes of any determination of whether an action is an adverse action under paragraph ( 1 ) ( A ), all appropriate final findings, decisions, commentary, and orders issued under section 1691 ( d ) ( 6 ) of this title by the Bureau or any court shall apply.\n\n( l ) Firm Offer of Credit or Insurance.The term firm offer of credit or insurance means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following : ( 1 ) The consumer being determined, based on information in the consumers application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established ( A ) before selection of the consumer for the offer; and ( B ) for the purpose of determining whether to extend credit or insurance pursuant to the offer.\n\n( 2 ) Verification ( A ) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumers application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or ( B ) of the information in the consumers application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability. \n( XXXX ) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was ( A ) established before selection of the consumer for the offer of credit or insurance; and ( B ) disclosed to the consumer in the offer of credit or insurance. \n( m ) Credit or Insurance Transaction That Is Not Initiated by the Consumer.The term credit or insurance transaction that is not initiated by the consumer does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of ( 1 ) reviewing the account or insurance policy ; or ( 2 ) collecting the account.\n\n( n ) State. \nThe term XXXX means any State, the XXXX of XXXX XXXX, the District of Columbia, and any territory or possession of the United States. \n( o ) Excluded XXXX communication is described in this subsection if it is a communication ( 1 ) that, but for subsection ( d ) ( 2 ) ( D ), would be an investigative consumer report ; ( 2 ) that is made to a prospective employer for the purpose of ( A ) procuring an employee for the employer ; or ( B ) procuring an opportunity for a natural person to work for the employer ; ( 3 ) that is made by a person who regularly performs such procurement ; ( 4 ) that is not used by any person for any purpose other than a purpose described in subparagraph ( A ) or ( B ) of paragraph ( 2 ) ; and ( 5 ) with respect to which ( A ) the consumer who is the subject of the communication ( i ) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication ; ( ii ) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation ; and ( C ) the person who makes the communication ( i ) discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumers file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought ; and ( ii ) notifies the consumer who is the subject of the communication, in writing, of the consumers right to request the information described in clause ( i ).\n\n( p ) Consumer Reporting Agency That Compiles and Maintains Files on Consumers on a Nationwide Basis.The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide : ( 1 ) Public record information.\n\n( 2 ) Credit account information from persons who furnish that information regularly and in the ordinary course of business. \n( q ) Definitions Relating to XXXX Alerts. \n( XXXX ) XXXX XXXX military consumer.The term XXXX XXXX military consumer means a consumer in military service who ( A ) is on XXXX XXXX ( as defined in section 101 ( d ) ( 1 ) of title 10 ) or is a XXXX performing duty under a call or order to XXXX XXXX under a provision of law referred to in section 101 ( a ) ( 13 ) of title 10 ; and ( B ) is assigned to service away from the usual duty station of the consumer. \n( XXXX ) Fraud alert ; XXXX XXXX alert.The terms fraud alert and XXXX XXXX alert mean a statement in the file of a consumer that ( A ) notifies all prospective users of a consumer report relating to the consumer that the consumer XXXX be a victim of fraud, including identity theft, or is an XXXX XXXX military consumer, as applicable ; and ( B ) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph ( A ) by any person requesting such consumer report. \n( XXXX ) Identity theft. \nThe term identity theft means a fraud committed using the identifying information of another person, subject to such further definition as the XXXX XXXX prescribe, by regulation. \n( XXXX ) Identity theft report.The term identity theft report has the meaning given that term by rule of the XXXX, and means, at a minimum, a report ( A ) that alleges an identity theft ; ( B ) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, XXXX, or local law enforcement agency, including the United States XXXX XXXX XXXX, or such other government agency deemed appropriate by the XXXX ; and ( C ) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false. \n( XXXX ) New credit plan. \nThe term new credit plan means a new account under an open end credit plan ( as defined in section XXXX ( i ) XXXX of this title ) or a new credit transaction not under an open end credit plan. \n( r ) Credit and Debit Related Terms ( XXXX ) XXXX XXXX term card issuer means ( A ) a credit card issuer, in the case of a credit card ; and ( B ) a debit card issuer, in the case of a debit card. \n( XXXX ) Credit card. \nThe term credit card has the same meaning as in section XXXX of this title. \n( XXXX ) Debit card. \nThe term debit card means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services. \n( XXXX ) Account and electronic fund transfer. \nThe terms account and electronic fund transfer have the same meanings as in section XXXX of this title. \n( XXXX ) Credit and creditor. \nThe terms credit and creditor have the same meanings as in section XXXX of this title. \n( XXXX ) XXXX Banking XXXX. \nThe term XXXX banking agency has the same meaning as in section XXXX of title XXXX. \n( t ) XXXX XXXX. \nThe term financial institution means a State or National bank, a XXXX or XXXX XXXX and XXXX XXXX, a mutual savings bank, a XXXX or XXXX credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section XXXX ( b ) of title XXXX ) belonging to a consumer. \n( u ) Reseller.The term reseller means a consumer reporting agency that ( XXXX ) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities ; and ( XXXX ) does not maintain a database of the assembled or merged information from which new consumer reports are produced. \n( v XXXX XXXX. \nThe term XXXX means the XXXX. [ XXXX ] ( XXXX ) The term XXXX means the XXXX XXXX XXXX XXXX XXXX. \n( x ) XXXX XXXX XXXX XXXX XXXX term nationwide specialty consumer reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to ( XXXX ) medical records or payments ; ( XXXX ) residential or tenant history ; ( XXXX ) check writing history ; ( XXXX ) employment history; or ( XXXX ) insurance claims. \n( y ) Exclusion of Certain Communications for XXXX Investigations. \n( XXXX ) Communications described in this subsection.A communication is described in this subsection if ( A ) but for subsection ( d ) ( XXXX ) ( D ), the communication would be a consumer report ; ( B ) the communication is made to an employer in connection with an investigation of ( i ) suspected misconduct relating to employment ; or ( ii ) compliance with Federal, XXXX, or local laws and regulations, the rules of a self-regulatory organization, or any preexisting written policies of the employer ; ( C ) the communication is not made for the purpose of investigating a consumers credit worthiness, credit standing, or credit capacity ; and ( D ) the communication is not provided to any person except ( i ) to the employer or an agent of the employer ; ( ii ) to any Federal or State XXXX XXXX agency, or department, or any XXXX, agency, or department of a unit of general local government ; ( iii ) to any self-regulatory organization with regulatory authority over the activities of the employer or employee ; ( iv ) as otherwise required by law ; or ( v ) pursuant to section XXXX of this title. \n( XXXX ) Subsequent disclosure. \nAfter taking any adverse action based in whole or in part on a communication described in paragraph ( XXXX ), the employer shall disclose to the consumer a summary containing the nature and substance of the communication upon which the adverse action is based, except that the sources of information acquired solely for use in preparing what would be but for subsection ( d ) ( XXXX ) ( D ) an investigative consumer report need not be disclosed. \n( XXXX ) Self-regulatory organization defined. \nFor purposes of this subsection, the term self-regulatory organization includes any self-regulatory organization ( as defined in section XXXX ( a ) ( XXXX ) of this title ), any entity established under title XXXX of the XXXX XXXX of 2002 [ XXXX U.S.C. XXXX et seq. ], any board of trade designated by the Commodity Futures Trading Commission, and any XXXX XXXX registered with such XXXX. \n( z ) Veteran. \nThe term veteran has the meaning given the term in section XXXX of title XXXX. \n( aa ) Veterans Medical Debt.The term veterans medical debt ( XXXX ) means a medical collection debt of a veteran owed to a non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the Department XXXX XXXX XXXX ; and ( XXXX ) includes medical collection debt that the Department XXXX XXXX XXXX has wrongfully charged a veteran. \n( a ) In general Subject to subsection ( c ), any consumer reporting agency XXXX furnish a consumer report under the following circumstances and no other : ( XXXX ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a XXXX grand jury, or a subpoena issued in accordance with section XXXX of title XXXX or section XXXX of title XXXX. \n( XXXX ) In accordance with the written instructions of the consumer to whom it relates. \n( XXXX ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( XXXX ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account. \n( G ) XXXX departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards. \n( XXXX ) In response to a request by the head of a XXXX or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose. \n( XXXX ) To an agency administering a State plan under section XXXX of title XXXX for use to set an initial or modified child support award. \n( XXXX ) To the XXXX XXXX XXXX XXXX or the XXXX XXXX XXXX XXXX as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the XXXX XXXX XXXX XXXX [ XXXX XXXX. XXXX et seq. ] or the XXXX XXXX XXXX XXXX [ XXXX XXXX. XXXX et seq. ], or other applicable XXXX or XXXX law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable. \n( b ) Conditions for furnishing and using consumer reports for employment purposes ( XXXX ) Certification from user A consumer reporting agency XXXX furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( XXXX ) with respect to the consumer report, and the person will comply with paragraph ( XXXX ) with respect to the consumer report if paragraph ( XXXX ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this subchapter, as prescribed by the XXXX under section XXXX ( c ) ( XXXX ) [ XXXX ] of this title. \n( XXXX ) XXXX to consumer ( A ) In general Except as provided in subparagraph ( B ), a person XXXX not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report XXXX be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization XXXX be made on the document referred to in clause ( i ) ) the procurement of the report by that person. \n( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report XXXX be obtained for employment purposes, and a summary of the consumers rights under section XXXX ( a ) ( XXXX ) XXXX of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person. \n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the XXXX of XXXX has the power to establish qualifications and maximum hours of service pursuant to the provisions of section XXXX of title XXXX, or a position subject to safety regulation by a XXXX transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means. \n( XXXX ) Conditions on use for adverse actions ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the XXXX under section XXXX ( c ) ( XXXX ) XXXX of this title. \n( B ) Application by mail, telephone, computer, or other similar means ( XXXX ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section XXXX ( a ) of this title, within XXXX business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.","date_sent_to_company":"2023-01-17T02:10:35.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"33837","tags":null,"has_narrative":true,"complaint_id":"6443314","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2023-01-17T02:10:25.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["The term identity theft means a fraud committed using the identifying information of another person, <em>subject</em> to such further definition as the XXXX XXXX prescribe, by <em>regulation</em>."]},"sort":[6.606015,"6443314"]},{"_index":"complaint-public-v1","_id":"6443286","_score":6.598406,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"On my credit I have this account XXXX XXXX XXXX # XXXX the payment history is wrong! XXXX then XXXX, CO? No payment history for Transunion! This all is a violation per 15 U.S. Code 1666b ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement, including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date.\n\nThe whole account on the credit report for Transunion and XXXX that is a violation per 15 U.S. Code 1666a a ) Reports by creditor on obligors failure to pay amount regarded as a billing error After receiving a notice from an obligor as provided in section 1666 ( a ) of this title, a creditor or his agent may not directly or indirectly threaten to report to any person adversely on the obligors credit rating or credit standing because of the obligors failure to pay the amount indicated by the obligor under section 1666 ( a ) ( 2 ) of this title, and such amount may not be reported as delinquent to any third party until the creditor has met the requirements of section 1666 of this title and has allowed the obligor the same number of days ( not less than ten ) thereafter to make payment as is provided under the credit agreement with the obligor for the payment of undisputed amounts.\n\n( b ) Reports by creditor on delinquent amounts in dispute ; notification of obligor of parties notified of delinquency If a creditor receives a further written notice from an obligor that an amount is still in dispute within the time allowed for payment under subsection ( a ) of this section, a creditor may not report to any third party that the amount of the obligor is delinquent because the obligor has failed to pay an amount which he has indicated under section 1666 ( a ) ( 2 ) of this title, unless the creditor also reports that the amount is in dispute and, at the same time, notifies the obligor of the name and address of each party to whom the creditor is reporting information concerning the delinquency.\n\n( c ) Reports by creditor of subsequent resolution of delinquent amounts A creditor shall report any subsequent resolution of any delinquencies reported pursuant to subsection ( b ) to the parties to whom such delinquencies were initially reported.\n\nI never gave written, unwritten verbal and nonverbal consent to any of the 3 companies to publish my credit report per 15 USC 6802 ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title 15 U.S.C. 1681-1681u ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system.\n\n( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers.\n\n( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers.\n\n( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy.\n\n( b ) Reasonable procedures It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter.\n\n( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter.\n\n( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.\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 1681s3 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 persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons 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 persons 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 persons ; ( 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 ] ( 3 ) Restriction on sharing of medical information.Except for information or any communication of information disclosed as provided in section 1681b ( g ) ( 3 ) of this title, the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services.\n\n( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. However, such information shall not include specific factual information on a consumers credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when such information was obtained directly from a creditor of the consumer or from the consumer.\n\n( f ) The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.\n\n( g ) The term file, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored.\n\n( h ) The term employment purposes when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment or retention as an employee.\n\n( i ) Medical Information.The term medical information ( 1 ) means information or data, whether oral or recorded, in any form or medium, created by or derived from a health care provider or the consumer, that relates to ( A ) the past, present, or future physical, mental, or behavioral health or condition of an individual ; ( B ) the provision of health care to an individual ; or ( C ) the payment for the provision of health care to an individual. [ 2 ] ( 2 ) does not include the age or gender of a consumer, demographic information about the consumer, including a consumers residence address or e-mail address, or any other information about a consumer that does not relate to the physical, mental, or behavioral health or condition of a consumer, including the existence or value of any insurance policy.\n\n( j ) Definitions Relating to Child Support Obligations.\n\n( 1 ) Overdue support.\n\nThe term overdue support has the meaning given to such term in section 666 ( e ) of title 42.\n\n( 2 ) State or local child support enforcement agency.\n\nThe term State or local child support enforcement agency means a State or local agency which administers a State or local program for establishing and enforcing child support obligations.\n\n( k ) Adverse Action.\n\n( 1 ) Actions included.The term adverse action ( A ) has the same meaning as in section 1691 ( d ) ( 6 ) of this title ; and ( B ) means ( i ) a denial or cancellation of, an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any insurance, existing or applied for, in connection with the underwriting of insurance ; ( ii ) a denial of employment or any other decision for employment purposes that adversely affects any current or prospective employee ; ( iii ) a denial or cancellation of, an increase in any charge for, or any other adverse or unfavorable change in the terms of, any license or benefit described in section 1681b ( a ) ( 3 ) ( D ) of this title ; and ( iv ) an action taken or determination that is ( I ) made in connection with an application that was made by, or a transaction that was initiated by, any consumer, or in connection with a review of an account under section 1681b ( a ) ( 3 ) ( F ) ( ii ) of this title ; and ( II ) adverse to the interests of the consumer.\n\n( 2 ) Applicable findings, decisions, commentary, and orders.\n\nFor purposes of any determination of whether an action is an adverse action under paragraph ( 1 ) ( A ), all appropriate final findings, decisions, commentary, and orders issued under section 1691 ( d ) ( 6 ) of this title by the Bureau or any court shall apply.\n\n( l ) Firm Offer of Credit or Insurance.The term firm offer of credit or insurance means any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a consumer report on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned on one or more of the following : ( 1 ) The consumer being determined, based on information in the consumers application for the credit or insurance, to meet specific criteria bearing on credit worthiness or insurability, as applicable, that are established ( A ) before selection of the consumer for the offer; and ( B ) for the purpose of determining whether to extend credit or insurance pursuant to the offer.\n\n( 2 ) Verification ( A ) that the consumer continues to meet the specific criteria used to select the consumer for the offer, by using information in a consumer report on the consumer, information in the consumers application for the credit or insurance, or other information bearing on the credit worthiness or insurability of the consumer; or ( B ) of the information in the consumers application for the credit or insurance, to determine that the consumer meets the specific criteria bearing on credit worthiness or insurability.\n\n( 3 ) The consumer furnishing any collateral that is a requirement for the extension of the credit or insurance that was ( A ) established before selection of the consumer for the offer of credit or insurance; and ( B ) disclosed to the consumer in the offer of credit or insurance.\n\n( m ) Credit or Insurance Transaction That Is Not Initiated by the Consumer.The term credit or insurance transaction that is not initiated by the consumer does not include the use of a consumer report by a person with which the consumer has an account or insurance policy, for purposes of ( 1 ) reviewing the account or insurance policy ; or ( 2 ) collecting the account.\n\n( n ) State.\n\nThe term State means any State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States.\n\n( o ) Excluded Communications.A communication is described in this subsection if it is a communication ( 1 ) that, but for subsection ( d ) ( 2 ) ( D ), would be an investigative consumer report ; ( 2 ) that is made to a prospective employer for the purpose of ( A ) procuring an employee for the employer ; or ( B ) procuring an opportunity for a natural person to work for the employer ; ( 3 ) that is made by a person who regularly performs such procurement ; ( 4 ) that is not used by any person for any purpose other than a purpose described in subparagraph ( A ) or ( B ) of paragraph ( 2 ) ; and ( 5 ) with respect to which ( A ) the consumer who is the subject of the communication ( i ) consents orally or in writing to the nature and scope of the communication, before the collection of any information for the purpose of making the communication ; ( ii ) consents orally or in writing to the making of the communication to a prospective employer, before the making of the communication ; and ( iii ) in the case of consent under clause ( i ) or ( ii ) given orally, is provided written confirmation of that consent by the person making the communication, not later than 3 business days after the receipt of the consent by that person ; ( B ) the person who makes the communication does not, for the purpose of making the communication, make any inquiry that if made by a prospective employer of the consumer who is the subject of the communication would violate any applicable Federal or State equal employment opportunity law or regulation ; and ( C ) the person who makes the communication ( i ) discloses in writing to the consumer who is the subject of the communication, not later than 5 business days after receiving any request from the consumer for such disclosure, the nature and substance of all information in the consumers file at the time of the request, except that the sources of any information that is acquired solely for use in making the communication and is actually used for no other purpose, need not be disclosed other than under appropriate discovery procedures in any court of competent jurisdiction in which an action is brought ; and ( ii ) notifies the consumer who is the subject of the communication, in writing, of the consumers right to request the information described in clause ( i ).\n\n( p ) Consumer Reporting Agency That Compiles and Maintains Files on Consumers on a Nationwide Basis.The term consumer reporting agency that compiles and maintains files on consumers on a nationwide basis means a consumer reporting agency that regularly engages in the practice of assembling or evaluating, and maintaining, for the purpose of furnishing consumer reports to third parties bearing on a consumers credit worthiness, credit standing, or credit capacity, each of the following regarding consumers residing nationwide : ( 1 ) Public record information.\n\n( 2 ) Credit account information from persons who furnish that information regularly and in the ordinary course of business.\n\n( q ) Definitions Relating to Fraud Alerts.\n\n( 1 ) Active duty military consumer.The term active duty military consumer means a consumer in military service who ( A ) is on active duty ( as defined in section 101 ( d ) ( 1 ) of title 10 ) or is a reservist performing duty under a call or order to active duty under a provision of law referred to in section 101 ( a ) ( 13 ) of title 10 ; and ( B ) is assigned to service away from the usual duty station of the consumer.\n\n( 2 ) Fraud alert ; active duty alert.The terms fraud alert and active duty alert mean a statement in the file of a consumer that ( A ) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft, or is an active duty military consumer, as applicable ; and ( B ) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph ( A ) by any person requesting such consumer report.\n\n( 3 ) Identity theft.\n\nThe term identity theft means a fraud committed using the identifying information of another person, subject to such further definition as the Bureau may prescribe, by regulation.\n\n( 4 ) Identity theft report.The term identity theft report has the meaning given that term by rule of the Bureau, and means, at a minimum, a report ( A ) that alleges an identity theft ; ( B ) that is a copy of an official, valid report filed by a consumer with an appropriate Federal, State, or local law enforcement agency, including the United States Postal Inspection Service, or such other government agency deemed appropriate by the Bureau ; and ( C ) the filing of which subjects the person filing the report to criminal penalties relating to the filing of false information if, in fact, the information in the report is false.\n\n( 5 ) New credit plan.\n\nThe term new credit plan means a new account under an open end credit plan ( as defined in section 1602 ( i ) 1 of this title ) or a new credit transaction not under an open end credit plan.\n\n( r ) Credit and Debit Related Terms ( 1 ) Card issuer.The term card issuer means ( A ) a credit card issuer, in the case of a credit card ; and ( B ) a debit card issuer, in the case of a debit card.\n\n( 2 ) Credit card.\n\nThe term credit card has the same meaning as in section 1602 of this title.\n\n( 3 ) Debit card.\n\nThe term debit card means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services.\n\n( 4 ) Account and electronic fund transfer.\n\nThe terms account and electronic fund transfer have the same meanings as in section 1693a of this title.\n\n( 5 ) Credit and creditor.\n\nThe terms credit and creditor have the same meanings as in section 1691a of this title.\n\n( s ) Federal Banking Agency.\n\nThe term Federal banking agency has the same meaning as in section 1813 of title 12.\n\n( t ) Financial Institution.\n\nThe term financial institution means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section 461 ( b ) of title 12 ) belonging to a consumer.\n\n( u ) Reseller.The term reseller means a consumer reporting agency that ( 1 ) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities ; and ( 2 ) does not maintain a database of the assembled or merged information from which new consumer reports are produced.\n\n( v ) Commission.\n\nThe term Commission means the Bureau. [ 3 ] ( w ) The term Bureau means the Bureau of Consumer Financial Protection.\n\n( x ) Nationwide Specialty Consumer Reporting Agency.The term nationwide specialty consumer reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis relating to ( 1 ) medical records or payments ; ( 2 ) residential or tenant history ; ( 3 ) check writing history ; ( 4 ) employment history; or ( 5 ) insurance claims.\n\n( y ) Exclusion of Certain Communications for Employee Investigations.\n\n( 1 ) Communications described in this subsection.A communication is described in this subsection if ( A ) but for subsection ( d ) ( 2 ) ( D ), the communication would be a consumer report ; ( B ) the communication is made to an employer in connection with an investigation of ( i ) suspected misconduct relating to employment ; or ( ii ) compliance with Federal, State, or local laws and regulations, the rules of a self-regulatory organization, or any preexisting written policies of the employer ; ( C ) the communication is not made for the purpose of investigating a consumers credit worthiness, credit standing, or credit capacity ; and ( D ) the communication is not provided to any person except ( i ) to the employer or an agent of the employer ; ( ii ) to any Federal or State officer , agency, or department, or any officer, agency, or department of a unit of general local government ; ( iii ) to any self-regulatory organization with regulatory authority over the activities of the employer or employee ; ( iv ) as otherwise required by law ; or ( v ) pursuant to section 1681f of this title.\n\n( 2 ) Subsequent disclosure.\n\nAfter taking any adverse action based in whole or in part on a communication described in paragraph ( 1 ), the employer shall disclose to the consumer a summary containing the nature and substance of the communication upon which the adverse action is based, except that the sources of information acquired solely for use in preparing what would be but for subsection ( d ) ( 2 ) ( D ) an investigative consumer report need not be disclosed.\n\n( 3 ) Self-regulatory organization defined.\n\nFor purposes of this subsection, the term self-regulatory organization includes any self-regulatory organization ( as defined in section 78c ( a ) ( 26 ) of this title ), any entity established under title I of the Sarbanes-Oxley Act of 2002 [ 15 U.S.C. 7211 et seq. ], any board of trade designated by the Commodity Futures Trading Commission, and any futures association registered with such Commission.\n\n( z ) Veteran.\n\nThe term veteran has the meaning given the term in section 101 of title 38.\n\n( aa ) Veterans Medical Debt.The term veterans medical debt ( 1 ) means a medical collection debt of a veteran owed to a non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the Department of Veterans Affairs ; and ( 2 ) includes medical collection debt that the Department of Veterans Affairs has wrongfully charged a veteran.\n\n( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.\n\n( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\n( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.\n\n( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.\n\n( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.\n\n( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award.\n\n( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [ 12 U.S.C. 1811 et seq. ] or the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable.\n\n( b ) Conditions for furnishing and using consumer reports for employment purposes ( 1 ) Certification from user A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) [ 1 ] of this title.\n\n( 2 ) Disclosure to consumer ( A ) In general Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.\n\n( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 1681m ( a ) ( 3 ) 1 of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 3 ) Conditions on use for adverse actions ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( B ) Application by mail, telephone, computer, or other similar means ( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 1681m ( a ) of this title, within 3 business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.","date_sent_to_company":"2023-01-17T02:10:18.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"33837","tags":null,"has_narrative":true,"complaint_id":"6443286","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2023-01-17T00:29:23.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["The term identity theft means a fraud committed using the identifying information of another person, <em>subject</em> to such further definition as the Bureau may prescribe, by <em>regulation</em>."]},"sort":[6.598406,"6443286"]},{"_index":"complaint-public-v1","_id":"6158874","_score":6.3998666,"_source":{"product":"Vehicle loan or lease","complaint_what_happened":"I did not do business with this company santander consumer usa and this is fraudulent santander consumer usa Is a company that is in violation of 15 U.S. Code 1692 and multiple errors blow are the violations and errors I did business with XXXX XXXX XXXX XXXX XXXX so therefore Im am not liable for this debt and exercising my rights 15 U.S. Code 1692 - ( a ) Abusive practices There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.\n\n( b ) Inadequacy of laws Existing laws and procedures for redressing these injuries are inadequate to protect consumers.\n\n( c ) Available non-abusive collection methods Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts.\n\n( d ) Interstate commerce Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce.\n\n( e ) Purposes It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.\n\nAs used in this subchapter ( 1 ) The term Bureau means the Bureau of Consumer Financial Protection.\n\n( 2 ) The term communication means the conveying of information regarding a debt directly or indirectly to any person through any medium.\n\n( 3 ) The term consumer means any natural person obligated or allegedly obligated to pay any debt.\n\n( 4 ) The term creditor means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another.\n\n( 5 ) The term debt means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.\n\n( 6 ) The term debt collector means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include ( A ) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor ; ( B ) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts ; ( C ) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties ; ( D ) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt ; ( E ) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors ; and ( F ) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity ( i ) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement ; ( ii ) concerns a debt which was originated by such person ; ( iii ) concerns a debt which was not in default at the time it was obtained by such person ; or ( iv ) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor.\n\n( 7 ) The term location information means a consumers place of abode and his telephone number at such place, or his place of employment.\n\n( 8 ) The term State means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of XXXX XXXX, or any political subdivision of any of the foregoing. \n\nAny debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall ( 1 ) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer ; ( 2 ) not state that such consumer owes any debt ; ( 3 ) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information ; ( 4 ) not communicate by post card ; ( 5 ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and ( 6 ) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorneys name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector.\n\na ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt ( 1 ) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 oclock antemeridian and before 9 oclock postmeridian, local time at the consumers location ; ( 2 ) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorneys name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or ( 3 ) at the consumers place of employment if the debt collector knows or has reason to know that the consumers employer prohibits the consumer from receiving such communication.\n\n( b ) Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.\n\n( 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\nIf such notice from the consumer is made by mail, notification shall be complete upon receipt.\n\n( d ) Consumer defined For the purpose of this section, the term consumer includes the consumers spouse, parent ( if the consumer is a minor ), guardian, executor, or administrator.\n\nA debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.\n\n( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader.\n\n( 3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a ( f ) or 1681b ( 3 ) [ 1 ] of this title.\n\n( 4 ) The advertisement for sale of any debt to coerce payment of the debt.\n\n( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.\n\n( 6 ) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the callers identity.\n\nA 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 collectors 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\nA debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law.\n\n( 2 ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collectors intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit.\n\n( 3 ) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution.\n\n( 4 ) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument.\n\n( 5 ) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees.\n\n( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement.\n\n( 7 ) Communicating with a consumer regarding a debt by post card.\n\n( 8 ) Using any language or symbol, other than the debt collectors address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business.\n\na ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.\n\n( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor.\n\n( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.\n\n( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ).\n\n( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section.\n\nIf any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumers directions.\n\n( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall ( 1 ) in the case of an action to enforce an interest in real property securing the consumers obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action.\n\n( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors.\n\n( 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 subchapter.\n\n( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorneys fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorneys fees reasonable in relation to the work expended and costs.\n\n( b ) Factors considered by court In determining the amount of liability in any action under subsection ( a ), the court shall consider, among other relevant factors ( 1 ) in any individual action under subsection ( a ) ( 2 ) ( A ), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional; or ( 2 ) in any class action under subsection ( a ) ( 2 ) ( B ), the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collectors noncompliance was intentional.\n\n( c ) Intent A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.\n\n( d ) Jurisdiction An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs.\n\n( e ) Advisory opinions of Bureau No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Bureau, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason.\n\n( a ) Federal Trade Commission The Federal Trade Commission shall be authorized to enforce compliance with this subchapter, except to the extent that enforcement of the requirements imposed under this subchapter is specifically committed to another Government agency under any of paragraphs ( 1 ) through ( 5 ) of subsection ( b ), subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ]. For purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ), a violation of this subchapter shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Federal Trade Commission to enforce compliance by any person with this subchapter, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests under the Federal Trade Commission Act, including the power to enforce the provisions of this subchapter, in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule.\n\n( b ) Applicable provisions of law Subject to subtitle B of the Consumer Financial Protection Act of 2010, compliance with any requirements imposed under this subchapter shall be enforced under ( 1 ) section 8 of the Federal Deposit Insurance Act [ 12 U.S.C. 1818 ], by the appropriate Federal banking agency, as defined in section 3 ( q ) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ( q ) ), with respect to ( A ) national banks, Federal savings associations, and Federal branches and Federal agencies of foreign banks ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ] ; and ( C ) banks and State savings associations insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), and insured State branches of foreign banks ; ( 2 ) the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Administrator of the National Credit Union Administration with respect to any Federal credit union ; ( 3 ) subtitle IV of title 49, by the Secretary of Transportation, with respect to all carriers subject to the jurisdiction of the Surface Transportation Board ; ( 4 ) part A of subtitle VII of title 49, by the Secretary of Transportation with respect to any air carrier or any foreign air carrier subject to that part ; ( 5 ) the Packers and Stockyards Act, 1921 [ 7 U.S.C. 181 et seq. ] ( except as provided in section 406 of that Act [ 7 U.S.C. 226, 227 ] ), by the Secretary of Agriculture with respect to any activities subject to that Act ; and ( 6 ) subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau, with respect to any person subject to this subchapter.\n\nThe terms used in paragraph ( 1 ) that are not defined in this subchapter or otherwise defined in section 3 ( s ) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ( s ) ) shall have the meaning given to them in section 1 ( b ) of the International Banking Act of 1978 ( 12 U.S.C. 3101 ).\n\n( c ) Agency powers For the purpose of the exercise by any agency referred to in subsection ( b ) of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this subchapter shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection ( b ), each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this subchapter any other authority conferred on it by law, except as provided in subsection ( d ).\n\n( d ) Rules and regulations Except as provided in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ], the Bureau may prescribe rules with respect to the collection of debts by debt collectors, as defined in this subchapter.\n\na ) Not later than one year after the effective date of this subchapter and at one-year intervals thereafter, the Bureau shall make reports to the Congress concerning the administration of its functions under this subchapter, including such recommendations as the Bureau deems necessary or appropriate. In addition, each report of the Bureau shall include its assessment of the extent to which compliance with this subchapter is being achieved and a summary of the enforcement actions taken by the Bureau under section 1692l of this title.\n\n( b ) In the exercise of its functions under this subchapter, the Bureau may obtain upon request the views of any other Federal agency which exercises enforcement functions under section 1692l of this title.\n\nThis subchapter does not annul, alter, or affect, or exempt any person subject to the provisions of this subchapter from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this subchapter, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent with this subchapter if the protection such law affords any consumer is greater than the protection provided by this subchapter.\n\nThe Bureau shall by regulation exempt from the requirements of this subchapter any class of debt collection practices within any State if the Bureau determines that under the law of that State that class of debt collection practices is subject to requirements substantially similar to those imposed by this subchapter, and that there is adequate provision for enforcement.","date_sent_to_company":"2022-11-02T16:27:36.000Z","issue":"Getting a loan or lease","sub_product":"Lease","zip_code":"238XX","tags":null,"has_narrative":true,"complaint_id":"6158874","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SANTANDER HOLDINGS USA, INC.","date_received":"2022-11-02T15:40:38.000Z","state":"VA","company_public_response":null,"sub_issue":"Fraudulent loan"},"highlight":{"complaint_what_happened":["( 5 ) The term debt means any obligation or <em>alleged</em> obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the <em>subject</em> of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment."]},"sort":[6.3998666,"6158874"]},{"_index":"complaint-public-v1","_id":"3648993","_score":5.994619,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"As a public service, the staff of the Federal Trade Commission ( FTC ) has prepared the following complete text of the Fair Debt Collection Practices Act 1692-1692p. \n\nPlease note that the format of the text differs in minor ways from the U.S. Code and Wests U.S. Code Annotated. For example, this version uses FDCPA section numbers in the headings. In addition, the relevant U.S. Code citation is included with each section heading. Although the staff has made every effort to transcribe the statutory material accurately, this compendium is intended as a convenience for the public and not a substitute for the text in the U.S. Code. \n\nTable of Contents 801. Short title 802. Congressional findings and declaration of purpose 803. Definitions 804. Acquisition of location information 805. Communication in connection with debt collection 806. Harassment or abuse 807. False or misleading representations 808. Unfair practices 809. Validation of debts 810. Multiple debts 811. Legal actions by debt collectors 812. Furnishing certain deceptive forms 813. Civil liability 814. Administrative enforcement 815. Reports to Congress by the Bureau ; views of other Federal agencies 816. Relation to State laws 817. Exemption for State regulation 818. Exception for certain bad check enforcement programs operated by private entities 819. Effective date 15 USC 1601 note 801. Short Title This subchapter may be cited as the \" Fair Debt Collection Practices Act. '' 15 USC 1692 802. Congressional findings and declarations of purpose ( a ) Abusive practices There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. \n\n( b ) Inadequacy of laws Existing laws and procedures for redressing these injuries are inadequate to protect consumers. \n\n( c ) Available non-abusive collection methods Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts. \n\n( d ) Interstate commerce Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce. \n\n( e ) Purposes It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses. \n\n15 USC 1692a 803. Definitions As used in this subchapter -- ( 1 ) The term \" Bureau '' means the Bureau of Consumer Financial Protection. \n\n( 2 ) The term \" communication '' means the conveying of information regarding a debt directly or indirectly to any person through any medium. \n\n( 3 ) The term \" consumer '' means any natural person obligated or allegedly obligated to pay any debt. \n\n( 4 ) The term \" creditor '' means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. \n\n( 5 ) The term \" debt '' means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. \n\n( 6 ) The term \" debt collector '' means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include -- ( A ) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor ; ( B ) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts ; ( C ) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties ; ( D ) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt ; ( E ) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors ; and ( F ) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity ( i ) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement ; ( ii ) concerns a debt which was originated by such person ; ( iii ) concerns a debt which was not in default at the time it was obtained by such person ; or ( iv ) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor. \n\n( 7 ) The term \" location information '' means a consumer 's place of abode and his telephone number at such place, or his place of employment. \n\n( 8 ) The term \" State '' means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing. \n\n15 USC 1692b 804. Acquisition of location information Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall -- ( 1 ) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer ; ( 2 ) not state that such consumer owes any debt ; ( 3 ) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information ; ( 4 ) not communicate by post card ; ( 5 ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt ; and ( 6 ) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney 's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector. \n\n15 USC 1692c 805. Communication in connection with debt collection ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt -- ( 1 ) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antemeridian and before 9 o'clock postmeridian, local time at the consumer 's location ; ( 2 ) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney 's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer ; or ( 3 ) at the consumer 's place of employment if the debt collector knows or has reason to know that the consumer 's employer prohibits the consumer from receiving such communication. \n\n( b ) Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. \n\n( 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 collector 's 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\nIf such notice from the consumer is made by mail, notification shall be complete upon receipt. \n\n( d ) Consumer defined For the purpose of this section, the term \" consumer '' includes the consumer 's spouse, parent ( if the consumer is a minor ), guardian, executor, or administrator. \n\n15 USC 1692d 806. Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. \n\n( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. \n\n( 3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a ( f ) or 1681b ( 3 ) 1 of this title. \n\n( 4 ) The advertisement for sale of any debt to coerce payment of the debt. \n\n( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. \n\n( 6 ) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller 's identity. \n\n15 USC 1692e 807. 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\n15 USC 1692f 808. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. \n\n( 2 ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector 's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. \n\n( 3 ) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution. \n\n( 4 ) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument. \n\n( 5 ) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees. \n\n( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if -- ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement. \n\n( 7 ) Communicating with a consumer regarding a debt by post card. \n\n( 8 ) Using any language or symbol, other than the debt collector 's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. \n\n15 USC 1692g 809. Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. \n\n( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. \n\n( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. \n\n( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ). \n\n( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section. \n\n15 USC 1692h 810. Multiple debts If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer 's directions. \n\n15 USC 1692i 811. Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall -- ( 1 ) in the case of an action to enforce an interest in real property securing the consumer 's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity -- ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action. \n\n( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors. \n\n15 USC 1692j 812. 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 subchapter. \n\n15 USC 1692k 813. Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of -- ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney 's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney 's fees reasonable in relation to the work expended and costs. \n\n( b ) Factors considered by court In determining the amount of liability in any action under subsection ( a ) of this section, the court shall consider, among other relevant factors -- ( 1 ) in any individual action under subsection ( a ) ( 2 ) ( A ) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional ; or ( 2 ) in any class action under subsection ( a ) ( 2 ) ( B ) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector 's noncompliance was intentional. \n\n( c ) Intent A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. \n\n( d ) Jurisdiction An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs. \n\n( e ) Advisory opinions of Bureau No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Bureau, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. \n\n15 USC 1692l 814. Administrative enforcement ( a ) Federal Trade Commission The Federal Trade Commission shall be authorized to enforce compliance with this subchapter, except to the extent that enforcement of the requirements imposed under this subchapter is specifically committed to another Government agency under any of paragraphs ( 1 ) through ( 5 ) of subsection ( b ), subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ]. For purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ), a violation of this subchapter shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Federal Trade Commission to enforce compliance by any person with this subchapter, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests under the Federal Trade Commission Act, including the power to enforce the provisions of this subchapter, in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule. \n\n( b ) Applicable provisions of law Subject to subtitle B of the Consumer Financial Protection Act of 2010, compliance with any requirements imposed under this subchapter shall be enforced under -- ( 1 ) section 8 of the Federal Deposit Insurance Act [ 12 U.S.C. 1818 ], by the appropriate Federal banking agency, as defined in section 3 ( q ) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ( q ) ), with respect to -- ( A ) national banks, Federal savings associations, and Federal branches and Federal agencies of foreign banks ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ] ; and ( C ) banks and State savings associations insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), and insured State branches of foreign banks ; ( 2 ) the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Administrator of the National Credit Union Administration with respect to any Federal credit union ; ( 3 ) subtitle IV of title 49, by the Secretary of Transportation, with respect to all carriers subject to the jurisdiction of the Surface Transportation Board ; ( 4 ) part A of subtitle VII of title 49, by the Secretary of Transportation with respect to any air carrier or any foreign air carrier subject to that part ; ( 5 ) the Packers and Stockyards Act, 1921 [ 7 U.S.C. 181 et seq. ] ( except as provided in section 406 of that Act [ 7 U.S.C. 226, 227 ] ), by the Secretary of Agriculture with respect to any activities subject to that Act ; and ( 6 ) subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau, with respect to any person subject to this subchapter. The terms used in paragraph ( 1 ) that are not defined in this subchapter or otherwise defined in section 3 ( s ) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ( s ) ) shall have the meaning given to them in section 1 ( b ) of the International Banking Act of 1978 ( 12 U.S.C. 3101 ). \n\n( c ) Agency powers For the purpose of the exercise by any agency referred to in subsection ( b ) of this section of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this subchapter shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection ( b ) of this section, each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this subchapter any other authority conferred on it by law, except as provided in subsection ( d ) of this section. \n\n( d ) Rules and regulations Except as provided in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ], the Bureau may prescribe rules with respect to the collection of debts by debt collectors, as defined in this subchapter. \n\n15 USC 1692m 815. Reports to Congress by the Bureau ; views of other Federal agencies ( a ) Not later than one year after the effective date of this subchapter and at one-year intervals thereafter, the Bureau shall make reports to the Congress concerning the administration of its functions under this subchapter, including such recommendations as the Bureau deems necessary or appropriate. In addition, each report of the Bureau shall include its assessment of the extent to which compliance with this subchapter is being achieved and a summary of the enforcement actions taken by the Bureau under section 1692l of this title. \n\n( b ) In the exercise of its functions under this subchapter, the Bureau may obtain upon request the views of any other Federal agency which exercises enforcement functions under section 1692l of this title. \n\n15 USC 1692n 816. Relation to State laws This subchapter does not annul, alter, or affect, or exempt any person subject to the provisions of this subchapter from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this subchapter, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent with this subchapter if the protection such law affords any consumer is greater than the protection provided by this subchapter. \n\n15 USC 1692o 817. Exemption for State regulation The Bureau shall by regulation exempt from the requirements of this subchapter any clas","date_sent_to_company":"2020-05-12T15:10:01.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"77033","tags":null,"has_narrative":true,"complaint_id":"3648993","timely":"No","company_response":"Closed with explanation","submitted_via":"Web","company":"Innovis","date_received":"2020-05-12T15:09:57.000Z","state":"TX","company_public_response":null,"sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["Exemption for State <em>regulation</em> The Bureau shall by <em>regulation</em> exempt from the requirements of this subchapter any clas"]},"sort":[5.994619,"3648993"]},{"_index":"complaint-public-v1","_id":"3647940","_score":5.978942,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"As a public service, the staff of the Federal Trade Commission ( FTC ) has prepared the following complete text of the Fair Debt Collection Practices Act 1692-1692p. \n\nPlease note that the format of the text differs in minor ways from the U.S. Code and Wests U.S. Code Annotated. For example, this version uses FDCPA section numbers in the headings. In addition, the relevant U.S. Code citation is included with each section heading. Although the staff has made every effort to transcribe the statutory material accurately, this compendium is intended as a convenience for the public and not a substitute for the text in the U.S. Code. \n\nTable of Contents 801. Short title 802. Congressional findings and declaration of purpose 803. Definitions 804. Acquisition of location information 805. Communication in connection with debt collection 806. Harassment or abuse 807. False or misleading representations 808. Unfair practices 809. Validation of debts 810. Multiple debts 811. Legal actions by debt collectors 812. Furnishing certain deceptive forms 813. Civil liability 814. Administrative enforcement 815. Reports to Congress by the Bureau ; views of other Federal agencies 816. Relation to State laws 817. Exemption for State regulation 818. Exception for certain bad check enforcement programs operated by private entities 819. Effective date 15 USC 1601 note 801. Short Title This subchapter may be cited as the \" Fair Debt Collection Practices Act. '' 15 USC 1692 802. Congressional findings and declarations of purpose ( a ) Abusive practices There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. \n\n( b ) Inadequacy of laws Existing laws and procedures for redressing these injuries are inadequate to protect consumers. \n\n( c ) Available non-abusive collection methods Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts. \n\n( d ) Interstate commerce Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce. \n\n( e ) Purposes It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses. \n\n15 USC 1692a 803. Definitions As used in this subchapter -- ( 1 ) The term \" Bureau '' means the Bureau of Consumer Financial Protection. \n\n( 2 ) The term \" communication '' means the conveying of information regarding a debt directly or indirectly to any person through any medium. \n\n( 3 ) The term \" consumer '' means any natural person obligated or allegedly obligated to pay any debt. \n\n( 4 ) The term \" creditor '' means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another. \n\n( 5 ) The term \" debt '' means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. \n\n( 6 ) The term \" debt collector '' means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. Notwithstanding the exclusion provided by clause ( F ) of the last sentence of this paragraph, the term includes any creditor who, in the process of collecting his own debts, uses any name other than his own which would indicate that a third person is collecting or attempting to collect such debts. For the purpose of section 1692f ( 6 ) of this title, such term also includes any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the enforcement of security interests. The term does not include -- ( A ) any officer or employee of a creditor while, in the name of the creditor, collecting debts for such creditor ; ( B ) any person while acting as a debt collector for another person, both of whom are related by common ownership or affiliated by corporate control, if the person acting as a debt collector does so only for persons to whom it is so related or affiliated and if the principal business of such person is not the collection of debts ; ( C ) any officer or employee of the United States or any State to the extent that collecting or attempting to collect any debt is in the performance of his official duties ; ( D ) any person while serving or attempting to serve legal process on any other person in connection with the judicial enforcement of any debt ; ( E ) any nonprofit organization which, at the request of consumers, performs bona fide consumer credit counseling and assists consumers in the liquidation of their debts by receiving payments from such consumers and distributing such amounts to creditors ; and ( F ) any person collecting or attempting to collect any debt owed or due or asserted to be owed or due another to the extent such activity ( i ) is incidental to a bona fide fiduciary obligation or a bona fide escrow arrangement ; ( ii ) concerns a debt which was originated by such person ; ( iii ) concerns a debt which was not in default at the time it was obtained by such person ; or ( iv ) concerns a debt obtained by such person as a secured party in a commercial credit transaction involving the creditor. \n\n( 7 ) The term \" location information '' means a consumer 's place of abode and his telephone number at such place, or his place of employment. \n\n( 8 ) The term \" State '' means any State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any political subdivision of any of the foregoing. \n\n15 USC 1692b 804. Acquisition of location information Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall -- ( 1 ) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer ; ( 2 ) not state that such consumer owes any debt ; ( 3 ) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information ; ( 4 ) not communicate by post card ; ( 5 ) not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt ; and ( 6 ) after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney 's name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector. \n\n15 USC 1692c 805. Communication in connection with debt collection ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt -- ( 1 ) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antemeridian and before 9 o'clock postmeridian, local time at the consumer 's location ; ( 2 ) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney 's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer ; or ( 3 ) at the consumer 's place of employment if the debt collector knows or has reason to know that the consumer 's employer prohibits the consumer from receiving such communication. \n\n( b ) Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. \n\n( 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 collector 's 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\nIf such notice from the consumer is made by mail, notification shall be complete upon receipt. \n\n( d ) Consumer defined For the purpose of this section, the term \" consumer '' includes the consumer 's spouse, parent ( if the consumer is a minor ), guardian, executor, or administrator. \n\n15 USC 1692d 806. Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. \n\n( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. \n\n( 3 ) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of section 1681a ( f ) or 1681b ( 3 ) 1 of this title. \n\n( 4 ) The advertisement for sale of any debt to coerce payment of the debt. \n\n( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. \n\n( 6 ) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the caller 's identity. \n\n15 USC 1692e 807. 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\n15 USC 1692f 808. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. \n\n( 2 ) The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than five days unless such person is notified in writing of the debt collector 's intent to deposit such check or instrument not more than ten nor less than three business days prior to such deposit. \n\n( 3 ) The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution. \n\n( 4 ) Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on such check or instrument. \n\n( 5 ) Causing charges to be made to any person for communications by concealment of the true purpose of the communication. Such charges include, but are not limited to, collect telephone calls and telegram fees. \n\n( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if -- ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property ; or ( C ) the property is exempt by law from such dispossession or disablement. \n\n( 7 ) Communicating with a consumer regarding a debt by post card. \n\n( 8 ) Using any language or symbol, other than the debt collector 's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. \n\n15 USC 1692g 809. Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. \n\n( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. \n\n( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. \n\n( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ). \n\n( e ) Notice provisions The sending or delivery of any form or notice which does not relate to the collection of a debt and is expressly required by title 26, title V of Gramm-Leach-Bliley Act [ 15 U.S.C. 6801 et seq. ], or any provision of Federal or State law relating to notice of data security breach or privacy, or any regulation prescribed under any such provision of law, shall not be treated as an initial communication in connection with debt collection for purposes of this section. \n\n15 USC 1692h 810. Multiple debts If any consumer owes multiple debts and makes any single payment to any debt collector with respect to such debts, such debt collector may not apply such payment to any debt which is disputed by the consumer and, where applicable, shall apply such payment in accordance with the consumer 's directions. \n\n15 USC 1692i 811. Legal actions by debt collectors ( a ) Venue Any debt collector who brings any legal action on a debt against any consumer shall -- ( 1 ) in the case of an action to enforce an interest in real property securing the consumer 's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity -- ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action. \n\n( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors. \n\n15 USC 1692j 812. 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 subchapter. \n\n15 USC 1692k 813. Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of -- ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; or ( B ) in the case of a class action, ( i ) such amount for each named plaintiff as could be recovered under subparagraph ( A ), and ( ii ) such amount as the court may allow for all other class members, without regard to a minimum individual recovery, not to exceed the lesser of {$500000.00} or 1 per centum of the net worth of the debt collector ; and ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorney 's fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney 's fees reasonable in relation to the work expended and costs. \n\n( b ) Factors considered by court In determining the amount of liability in any action under subsection ( a ) of this section, the court shall consider, among other relevant factors -- ( 1 ) in any individual action under subsection ( a ) ( 2 ) ( A ) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional ; or ( 2 ) in any class action under subsection ( a ) ( 2 ) ( B ) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, the resources of the debt collector, the number of persons adversely affected, and the extent to which the debt collector 's noncompliance was intentional. \n\n( c ) Intent A debt collector may not be held liable in any action brought under this subchapter if the debt collector shows by a preponderance of evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. \n\n( d ) Jurisdiction An action to enforce any liability created by this subchapter may be brought in any appropriate United States district court without regard to the amount in controversy, or in any other court of competent jurisdiction, within one year from the date on which the violation occurs. \n\n( e ) Advisory opinions of Bureau No provision of this section imposing any liability shall apply to any act done or omitted in good faith in conformity with any advisory opinion of the Bureau, notwithstanding that after such act or omission has occurred, such opinion is amended, rescinded, or determined by judicial or other authority to be invalid for any reason. \n\n15 USC 1692l 814. Administrative enforcement ( a ) Federal Trade Commission The Federal Trade Commission shall be authorized to enforce compliance with this subchapter, except to the extent that enforcement of the requirements imposed under this subchapter is specifically committed to another Government agency under any of paragraphs ( 1 ) through ( 5 ) of subsection ( b ), subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ]. For purpose of the exercise by the Federal Trade Commission of its functions and powers under the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ), a violation of this subchapter shall be deemed an unfair or deceptive act or practice in violation of that Act. All of the functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to the Federal Trade Commission to enforce compliance by any person with this subchapter, irrespective of whether that person is engaged in commerce or meets any other jurisdictional tests under the Federal Trade Commission Act, including the power to enforce the provisions of this subchapter, in the same manner as if the violation had been a violation of a Federal Trade Commission trade regulation rule. \n\n( b ) Applicable provisions of law Subject to subtitle B of the Consumer Financial Protection Act of 2010, compliance with any requirements imposed under this subchapter shall be enforced under -- ( 1 ) section 8 of the Federal Deposit Insurance Act [ 12 U.S.C. 1818 ], by the appropriate Federal banking agency, as defined in section 3 ( q ) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ( q ) ), with respect to -- ( A ) national banks, Federal savings associations, and Federal branches and Federal agencies of foreign banks ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, and organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ] ; and ( C ) banks and State savings associations insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), and insured State branches of foreign banks ; ( 2 ) the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Administrator of the National Credit Union Administration with respect to any Federal credit union ; ( 3 ) subtitle IV of title 49, by the Secretary of Transportation, with respect to all carriers subject to the jurisdiction of the Surface Transportation Board ; ( 4 ) part A of subtitle VII of title 49, by the Secretary of Transportation with respect to any air carrier or any foreign air carrier subject to that part ; ( 5 ) the Packers and Stockyards Act, 1921 [ 7 U.S.C. 181 et seq. ] ( except as provided in section 406 of that Act [ 7 U.S.C. 226, 227 ] ), by the Secretary of Agriculture with respect to any activities subject to that Act ; and ( 6 ) subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau, with respect to any person subject to this subchapter. The terms used in paragraph ( 1 ) that are not defined in this subchapter or otherwise defined in section 3 ( s ) of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ( s ) ) shall have the meaning given to them in section 1 ( b ) of the International Banking Act of 1978 ( 12 U.S.C. 3101 ). \n\n( c ) Agency powers For the purpose of the exercise by any agency referred to in subsection ( b ) of this section of its powers under any Act referred to in that subsection, a violation of any requirement imposed under this subchapter shall be deemed to be a violation of a requirement imposed under that Act. In addition to its powers under any provision of law specifically referred to in subsection ( b ) of this section, each of the agencies referred to in that subsection may exercise, for the purpose of enforcing compliance with any requirement imposed under this subchapter any other authority conferred on it by law, except as provided in subsection ( d ) of this section. \n\n( d ) Rules and regulations Except as provided in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ], the Bureau may prescribe rules with respect to the collection of debts by debt collectors, as defined in this subchapter. \n\n15 USC 1692m 815. Reports to Congress by the Bureau ; views of other Federal agencies ( a ) Not later than one year after the effective date of this subchapter and at one-year intervals thereafter, the Bureau shall make reports to the Congress concerning the administration of its functions under this subchapter, including such recommendations as the Bureau deems necessary or appropriate. In addition, each report of the Bureau shall include its assessment of the extent to which compliance with this subchapter is being achieved and a summary of the enforcement actions taken by the Bureau under section 1692l of this title. \n\n( b ) In the exercise of its functions under this subchapter, the Bureau may obtain upon request the views of any other Federal agency which exercises enforcement functions under section 1692l of this title. \n\n15 USC 1692n 816. Relation to State laws This subchapter does not annul, alter, or affect, or exempt any person subject to the provisions of this subchapter from complying with the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of this subchapter, and then only to the extent of the inconsistency. For purposes of this section, a State law is not inconsistent with this subchapter if the protection such law affords any consumer is greater than the protection provided by this subchapter. \n\n15 USC 1692o 817. Exemption for State regulation The Bureau shall by regulation exempt from the requirements of this subchapter any clas","date_sent_to_company":"2020-05-12T15:10:01.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"77033","tags":null,"has_narrative":true,"complaint_id":"3647940","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2020-05-12T15:09:57.000Z","state":"TX","company_public_response":null,"sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["Exemption for State <em>regulation</em> The Bureau shall by <em>regulation</em> exempt from the requirements of this subchapter any clas"]},"sort":[5.978942,"3647940"]},{"_index":"complaint-public-v1","_id":"8759762","_score":5.6827164,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, XXXX, and XXXX are not maintaining reasonable procedures. Per the FCRA AS A Federally protected consumer, I am now opting out any and all authorization, I the consumer may have given you written, unwritten, verbal, and non-verbal per 15 USC 8602. 12 CFR 1016.7 states that \" A consumer may exercise the right to opt-out at any time. '' I am opting out of your reporting services.\n\nIn accordance with the Fair Credit Reporting Act, the list of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. Vystar Credit Union credit card account ending in # XXXX, and XXXX XXXX XXXX XXXX XXXX # XXXX, have violated my rights. 15 U.S.C. 1681 I am seeking compensation for the damages caused by this violation, which has impacted my ability to access credit and financial opportunities. {$1000.00} per transaction. They have reported for months. Vystar {$1000.00} per violation x 14 months= {$14000.00} XXXX {$1000.00} per violation. My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of 1974, which is a Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. \n\nI have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. P.L 90-321 ( 82 Stat. 146 ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XX/XX/XXXX. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title XXXX related to extortionate credit transactions, title XXXX related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed { {$50.00} }. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in 1969 and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information. Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than { {$1000.00} }, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than { {$5000.00} }, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in 1974 to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( XXXX ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than { {$5000.00} } or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( 2 ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other, ( 2 ) In accordance with the written instructions of the consumer to whom it relates ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report ; Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 15 U.S. Code 1681n - Civil liability for willful noncompliance ; ( a ) In general, any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than { {$100.00} } and not more than { {$1000.00} } ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or { {$1000.00} }, whichever is greater ; XXXX5 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 15 U.S. Code 1692e False or misleading representations ; A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings may mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit may be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. 15 U.S. Code 1692e ( 6 ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch-all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal AS PER THE LAW, I WANT THE I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT. The utilization should state paid as agreed.\n\nMy right to privacy is guaranteed by 15 U.S.C. 1681 section 602 ( A ) .15 U.S.C. 1681s-2 ( A ) ( 1 ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.\n\nAidvantage ( Maximus Inc. is the parent company they operated under ) is also in violation of The Family Educational Rights and Privacy Act ( FERPA ) ( 20 U.S.C. 1232g ; 34 CFR Part 99 ) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. They also included erroneous reporting. XXXX XXXX shut down in 2016 after being hit with a series of sanctions by the Obama administration. Loan forgiveness was offered to more former XXXX XXXX students. They should have included my loan but they fail to do so. They continue to report this on my credit report. I want compensation because they violated me for years. They have reported monthly for 7 years. {$1000.00} per violation ( transaction ). {$1000.00} x 12 months for 7 yrs total {$84000.00}. Their handling of my records and privacy is unacceptable. Under the regulations set forth by the Family Educational Rights and Privacy Act ( FERPA ), specifically outlined in the United States Code ( USC ) Title 20, Section 1232g, and the corresponding Code of Federal Regulations ( CFR ), Title 34, Section 99, educational records including student loan information are protected and should not be disclosed to unauthorized parties or reported on credit reports without proper authorization or when they pertain to defunct institutions. XXXX 's continued reporting of these loans has had severe financial consequences for me. Because of this inaccurate reporting, I have been declined for personal and business loans that I otherwise would have been approved for. This has caused significant financial hardship and unnecessary stress. \n\nI demand that XXXX rectify this issue immediately by removing these erroneous loan entries from my credit report in compliance with FERPA and other relevant regulations. Additionally, I am seeking compensation for the damages caused by this violation, which has impacted my ability to access credit and financial opportunities. \n\nI demand a response to this complaint within 10 days to confirm that corrective action has been taken and provide details on how you intend to compensate me for the damages incurred. Failure to address this matter satisfactorily will compel me to pursue further legal action","date_sent_to_company":"2024-04-12T06:44:46.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32277","tags":null,"has_narrative":true,"complaint_id":"8759762","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"VYSTAR CREDIT UNION","date_received":"2024-04-12T04:34:56.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Code 1666 - Correction of billing <em>errors</em> ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing <em>error</em>. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing <em>error</em>. ( d ) Restricting or closing by creditor of <em>account</em> regarded by obligor to contain a billing <em>error</em>. ( e ) Effect of noncompliance with requirements by creditor."]},"sort":[5.6827164,"8759762"]},{"_index":"complaint-public-v1","_id":"8759365","_score":5.6827164,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, XXXX, and XXXX are not maintaining reasonable procedures. Per the FCRA AS A Federally protected consumer, I am now opting out any and all authorization, I the consumer may have given you written, unwritten, verbal, and non-verbal per 15 USC 8602. 12 CFR 1016.7 states that \" A consumer may exercise the right to opt-out at any time. '' I am opting out of your reporting services. \n\nIn accordance with the Fair Credit Reporting Act, the list of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. XXXX XXXX XXXX credit card account ending in # XXXX, and XXXX XXXX XXXX XXXX XXXX # XXXX, have violated my rights. 15 U.S.C. 1681 I am seeking compensation for the damages caused by this violation, which has impacted my ability to access credit and financial opportunities. {$1000.00} per transaction. They have reported for months. XXXX {$1000.00} per violation x 14 months= {$14000.00} XXXX {$1000.00} per violation. My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of 1974, which is a Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. \n\nI have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. P.L 90-321 ( 82 Stat. 146 ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XX/XX/XXXX. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title II related to extortionate credit transactions, title III related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed { {$50.00} }. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in 1969 and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information. Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the XXXX business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with XXXXe costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than { {$1000.00} }, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than { {$5000.00} }, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in 1974 to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( e ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than { {$5000.00} } or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( XXXX ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other, ( 2 ) In accordance with the written instructions of the consumer to whom it relates ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report ; Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 15 U.S. Code 1681n - Civil liability for willful noncompliance ; ( a ) In general, any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than { {$100.00} } and not more than { {$1000.00} } ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or { {$1000.00} }, whichever is greater ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the XXXX XXXX XXXX XXXX XXXX, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 15 U.S. Code 1692e False or misleading representations ; A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings XXXX mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit XXXX be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. XXXX XXXX Code XXXX ( XXXX ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch-all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal AS PER THE LAW, I WANT THE I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT. The utilization should state paid as agreed.\n\nMy right to privacy is guaranteed by 15 U.S.C. 1681 section 602 ( A ) .15 U.S.C. 1681s-2 ( A ) ( XXXX ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. \n\nAidvantage XXXX XXXX XXXX is the parent company they operated under ) is also in violation of The Family Educational Rights and Privacy Act ( XXXX ) ( 20 U.S.C. 1232g ; 34 CFR Part 99 ) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the XXXX Department of Education. They also included erroneous reporting. XXXX XXXX shut down in XXXX after being hit with a series of sanctions by the Obama administration. Loan forgiveness was offered to more former XXXX XXXX students. They should have included my loan but they fail to do so. They continue to report this on my credit report. I want compensation because they violated me for years. They have reported monthly for 7 years. {$1000.00} per violation ( transaction ). {$1000.00} x 12 months for XXXX yrs total {$84000.00}. Their handling of my records and privacy is unacceptable. Under the regulations set forth by the Family Educational Rights and Privacy Act ( XXXX ), specifically outlined in the United States Code ( USC ) Title 20, Section 1232g, and the corresponding Code of Federal Regulations ( CFR ), Title 34, Section 99, educational records including student loan information are protected and should not be disclosed to unauthorized parties or reported on credit reports without proper authorization or when they pertain to defunct institutions. Aidvantage 's continued reporting of these loans has had severe financial consequences for me. Because of this inaccurate reporting, I have been declined for personal and business loans that I otherwise would have been approved for. This has caused significant financial hardship and unnecessary stress. \n\nI demand that Aidvantage rectify this issue immediately by removing these erroneous loan entries from my credit report in compliance with XXXX and other relevant regulations. Additionally, I am seeking compensation for the damages caused by this violation, which has impacted my ability to access credit and financial opportunities. \n\nI demand a response to this complaint within 10 days to confirm that corrective action has been taken and provide details on how you intend to compensate me for the damages incurred. Failure to address this matter satisfactorily will compel me to pursue further legal action","date_sent_to_company":"2024-04-12T06:44:55.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32277","tags":null,"has_narrative":true,"complaint_id":"8759365","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Maximus Federal Services, Inc.","date_received":"2024-04-12T06:44:52.000Z","state":"FL","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Code 1666 - Correction of billing <em>errors</em> ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing <em>error</em>. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing <em>error</em>. ( d ) Restricting or closing by creditor of <em>account</em> regarded by obligor to contain a billing <em>error</em>. ( e ) Effect of noncompliance with requirements by creditor."]},"sort":[5.6827164,"8759365"]},{"_index":"complaint-public-v1","_id":"8759313","_score":5.681259,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX, XXXX, and XXXX are not maintaining reasonable procedures. Per the FCRA AS A Federally protected consumer, I am now opting out any and all authorization, I the consumer may have given you written, unwritten, verbal, and non-verbal per 15 USC 8602. 12 CFR 1016.7 states that \" A consumer may exercise the right to opt-out at any time. '' I am opting out of your reporting services. \n\nIn accordance with the Fair Credit Reporting Act, the list of accounts below has violated my federally protected consumer rights to privacy and confidentiality under 15 USC 1681. Vystar Credit Union credit card account ending in # XXXX, and XXXX XXXX XXXX XXXX XXXX # XXXX, have violated my rights. 15 U.S.C. 1681 I am seeking compensation for the damages caused by this violation, which has impacted my ability to access credit and financial opportunities. {$1000.00} per transaction. They have reported for months. XXXX {$1000.00} per violation x 14 months= {$14000.00} XXXX {$1000.00} per violation. My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of XXXX, which is a Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. \n\nI have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. P.L 90-321 ( 82 Stat. 146 ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XX/XX/XXXX. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title XXXX related to extortionate credit transactions, title XXXX related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed { {$50.00} }. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in 1969 and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information. Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section XXXX of this title. XXXX, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank XXXX XXXX Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before, shall be exempt from the requirements of XXXX XXXX part XXXX with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than { {$1000.00} }, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than { {$5000.00} }, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in 1974 to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( e ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than { {$5000.00} } or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( 2 ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other, ( 2 ) In accordance with the written instructions of the consumer to whom it relates ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report ; Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 15 U.S. Code 1681n - Civil liability for willful noncompliance ; ( a ) In general, any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than { {$100.00} } and not more than { {$1000.00} } ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or { {$1000.00} }, whichever is greater ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the XXXX XXXX XXXX XXXX XXXX, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 15 U.S. Code 1692e False or misleading representations ; A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings may mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit may be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. 15 U.S. Code 1692e ( 6 ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch-all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal AS PER THE LAW, I WANT THE I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT. The utilization should state paid as agreed.\n\nMy right to privacy is guaranteed by 15 U.S.C. 1681 section 602 ( A ) .15 U.S.C. 1681s-2 ( A ) ( XXXX ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. \n\nXXXX XXXX XXXX XXXX is the parent company they operated under ) is also in violation of The Family Educational Rights and Privacy Act ( FERPA ) ( 20 U.S.C. 1232g ; 34 CFR Part 99 ) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the XXXX Department of Education. They also included erroneous reporting. XXXX XXXX shut down in XXXX after being hit with a series of sanctions by the Obama administration. Loan forgiveness was offered to more former XXXX XXXX students. They should have included my loan but they fail to do so. They continue to report this on my credit report. I want compensation because they violated me for years. They have reported monthly for 7 years. {$1000.00} per violation ( transaction ). {$1000.00} x 12 months for XXXX yrs total {$84000.00}. Their handling of my records and privacy is unacceptable. Under the regulations set forth by the Family Educational Rights and Privacy Act ( XXXX ), specifically outlined in the United States Code ( USC ) Title 20, Section 1232g, and the corresponding Code of Federal Regulations ( CFR ), Title 34, Section 99, educational records including student loan information are protected and should not be disclosed to unauthorized parties or reported on credit reports without proper authorization or when they pertain to defunct institutions. XXXX 's continued reporting of these loans has had severe financial consequences for me. Because of this inaccurate reporting, I have been declined for personal and business loans that I otherwise would have been approved for. This has caused significant financial hardship and unnecessary stress. \n\nI demand that XXXX rectify this issue immediately by removing these erroneous loan entries from my credit report in compliance with XXXX and other relevant regulations. Additionally, I am seeking compensation for the damages caused by this violation, which has impacted my ability to access credit and financial opportunities. \n\nI demand a response to this complaint within 10 days to confirm that corrective action has been taken and provide details on how you intend to compensate me for the damages incurred. Failure to address this matter satisfactorily will compel me to pursue further legal action","date_sent_to_company":"2024-04-12T06:44:55.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32277","tags":null,"has_narrative":true,"complaint_id":"8759313","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SYNCHRONY FINANCIAL","date_received":"2024-04-12T06:44:52.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Code 1666 - Correction of billing <em>errors</em> ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing <em>error</em>. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing <em>error</em>. ( d ) Restricting or closing by creditor of <em>account</em> regarded by obligor to contain a billing <em>error</em>. ( e ) Effect of noncompliance with requirements by creditor."]},"sort":[5.681259,"8759313"]},{"_index":"complaint-public-v1","_id":"10717011","_score":5.5340166,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"OUR COMPLAINT\nI XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  United States of\nAmerican I XXXX, have look at my credit report and see that there are\ninaccurate reports on my account child support dont not report to credit reporters and by\nlawful cancellation all contracts and remove theses accounts off my credit profile I will like a\ncontract to show that me a living soul that me and them the other party showed in contact\nwhere we both agreed upon on all disclosure must be showed its a invalid contract please\nremove from my credit report it have hinder me from my future benefits. UCC 1-308 without\nprejudice Please remove these accounts immediately. I Recently viewed my credit report\nand saw that there is incorrect information on my credit report. In accordance with the Fair\nCredit Reporting act. These accounts is inaccurate and dont have no contract with me or\ndid not notify me or put me on notice that was going to report these accounts on my credit\nreport. I have the rights to private I will love equity for all the inaccurate accounts on my\ncredit report.The List of accounts below has violated my federally protected consumer rights\nto privacy and confidentiality under 15 USC 1681. I HAVE NOTICE THESE NAMES AND\nADDRESSES XXXX XXXX XXXX XXXX XXXX XXXX is not my address DO NOT BELONG TO ME CAN YOU\nPLEASE REMOVE THIS ADDRESS FROM MY INFORMATION ON MY CREDIT REPORT\nIMMEDIATELY. : I have tried time after times delete this\noff my credit report immediately this is not acting in good Faith by law to delete this account immediately yes deleted this account IMMEDIATELY . (XXXX XXXX XXXX XXXX XXXX XXXX XXXX and Trans Union have removed and deleted this child support. I would this is my XXXX  time contacting \nXXXX  to deleted it and they put it back in my credit report its a VIOLATION by law thats\nillegal I will like for these accounts to be deleted and remove this account immediately. XXXX XXXX XXXX XXXX XXXX, has\nviolated my rights. 15 U.S.C 6802 (B) The consumer is given the opportunity, before the time\nthat such information is initially disclosed, to direct that such information not be disclosed to\nXXXX XXXX XXXX XXXX\nPage XXXX of XXXX  such XXXX  party; and (C)the consumer is given an explanation of how the consumer can\nexercise that nondisclosure option. 15 U.S.C 1681 section 602 A. States I have the right to\nprivacy. 15 U.S.C 1681 Section 604 A Section 2: It also states a consumer reporting agency\ncannot furnish an account without my written instructions. 15 U.S.C 1681c. (a)(5) Section\nStates: no consumer reporting agency may make any consumer report containing any of the\nfollowing items of information Any other adverse item of information, other than records of\nconvictions of crimes which antedates the report by more than seven years. 15 U.S.C 1681\nsection 623 If a consumer notifies a furnisher, at an address specified by the furnisher for\nsuch notices, that specific information is inaccurate, and the information is, in fact,\ninaccurate, the furnisher must thereafter report the correct information to CRAs. Section\n623(a)(1)(B). 15 U.S.C. 1681s-2 (A)(1) A person shall not furnish any information relating to a\nconsumer to any consumer reporting agency if the person knows or has reasonable cause\nto believe that the information is inaccurate. Also the credit bureaus failed to do a complete\na full investigation here is my certified cfpb complaint number. I HAVE TRYING CALLING\nAND MORE AND HAVE NOT GOT NOT MAIL TO UPDATE ME ON MY credit profile and I\ndont not want the reporting any thing for me on my credit account I am a living man I can\nconduct my own business and have the right to privacy bay law UCC I SEE THEY ARE FAILED TO COMPLETE A FULL investigation. You have 4 days to delete this from my account immediately its hurt my credit profile from getting a response please to live and depender automobile to travel XXXX XXXX XXXX is my correct name this is a\nviolation. I want this these account CLOSE\n WITH MONETARY RELIEF. They had fail to mail or\nemail me a FRA Letter explaining my rights and show me proof of my wet signature.. Please\nremove ALL HARD INQUIRIES I DUD NOT RECEIVED ANY THING FOR TRANSACTION \n\nTN XXXX XXXX XXXX HAVE VIOLATED MY RIGHTS [TRANSUNION PLEASE DELETE OR UPDATE LATE PAYMENT TO PAID XXXX XXXX XXXX XXXX XXXX XXXX XXXX HAVE VIOLATED MY RIGHT XXXX XXXX XXXX XXXX XXXX have VIOLATED MY RIGHTS I WIL LIKE XXXX dollar for every violation its stopped me from gettIng a place to live and I have already sent letters and emails no response back delete these accounts immediately IMMEDIATE AND SEND CHECK BY MAIL. These accounts dose not match on all credit reports please delete 15 US\n\n15 U.S. Code  1681i\n- Procedure in case of disputed accuracy (5) Treatment of inaccurate or unverifiable\ninformation (A) In general If, after any reinvestigation under paragraph (1) of any information\ndisputed by a consumer, an item of the information is found to be inaccurate or incomplete\nor cannot be verified, the consumer reporting agency shall (i) promptly delete that item of\ninformation from the file of the consumer, or modify that item of information, as appropriate,\nbased on the results of the reinvestigation; and (ii) promptly notify the furnisher of that\ninformation that the information has been modified or deleted from the file of the\nconsumer. 15 U.S. Code  1681q - Obtaining information under false pretenses Any person\nwho knowingly and willfully obtains information on a consumer from a consumer reporting\nagency under false pretenses shall be fined under title 18, imprisoned for not more than XXXX\nyears, or both. 15 U.S. Code  1666b - Timing of payments (a) Time to make payments A\ncreditor may not treat a payment on a credit card account under an open end consumer\ncredit plan as late for any purpose, unless the creditor has adopted reasonable procedures\ndesigned to ensure that each periodic statement including the information required by\nsection 1637(b) of this title is mailed or delivered to the consumer not later than XXXX  days\nbefore the payment due date. (b) Grace period If an open end consumer credit plan\nprovides a time period within which an obligor may repay any portion of the credit\nextended without incurring an additional finance charge, such additional finance charge\nmay not be imposed with respect to such portion of the credit extended for the billing cycle\nof which such period is a part, unless a statement which includes the amount upon which\nthe finance charge for the period is based was mailed or delivered to the consumer not\nlater than XXXX  days before the date specified in the statement by which payment must be\nmade in order to avoid imposition of that finance charge. 15 U.S. Code  1638 -\nTransactions other than under an open end credit plan a) Required disclosures by creditor\nFor each consumer credit transaction other than under an open end credit plan, the creditor\nshall disclose each of the following items, to the extent applicable: (1) The identity of the\ncreditor required to make disclosure. (2) (A) The amount financed, using that term, which\nshall be the amount of credit of which the consumer has actual use. This amount shall be\ncomputed as follows, but the computations need not be disclosed and shall not be\ndisclosed with the disclosures conspicuously segregated in accordance with subsection (b)\n(1): (i) take the principal amount of the loan or the cash price less downpayment and trade-\nin; (ii) add any charges which are not part of the finance charge or of the principal amount\nof the loan and which are financed by the consumer, including the cost of any items\nexcluded from the finance charge pursuant to section 1605 of this title; and (iii) subtract any\ncharges which are part of the finance charge but which will be paid by the consumer before\nXXXX XXXX XXXX XXXX\nPage XXXX of XXXX\nor at the time of the consummation of the transaction, or have been withheld from the\nproceeds of the credit. (B) In conjunction with the disclosure of the amount financed, a\ncreditor shall provide a statement of the consumers right to obtain, upon a written request,\na written itemization of the amount financed. The statement shall include spaces for a yes\nand no indication to be initialed by the consumer to indicate whether the consumer wants\na written itemization of the amount financed. Upon receiving an affirmative indication, the\ncreditor shall provide, at the time other disclosures are required to be furnished, a written\nitemization of the amount financed. For the purposes of this subparagraph, itemization of\nthe amount financed means a disclosure of the following items, to the extent applicable: (i)\nthe amount that is or will be paid directly to the consumer; (ii) the amount that is or will be\ncredited to the consumers account to discharge obligations owed to the creditor; (iii) each\namount that is or will be paid to third persons by the creditor on the consumers behalf,\ntogether with an identification of or reference to the third person; and (iv) the total amount\nof any charges described in the preceding subparagraph (A)(iii). XXXX The finance charge,\nnot itemized, using that term. XXXX The finance charge expressed as an annual percentage\nrate, using that term. This shall not be required if the amount financed does not exceed $XXXX  and the finance charge does not exceed XXXX, or if the amount financed exceeds $XXXX  and the\nfinance charge does not exceed XXXXXXXX XXXX) The sum of the amount financed and the finance\ncharge, which shall be termed the total of payments. XXXX) The number, amount, and due\ndates or period of payments scheduled to repay the total of payments. XXXX XXXX XXXX, 520 U.S. 329 (1997) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  TO THE UNITED STATES COURT\nOF APPEALS FOR THE XXXX XXXX XXXX XXXX Argued XXXX XXXX XXXX-Decided XXXX XXXX XXXX Respondents, five Arizona mothers whose children are eligible for state child\nsupport services under Title IV -D of the Social Security Act, filed this 42 U. S. C.  1983 suit\nagainst petitioner, the director of the state child support agency, claiming, among other\nthings, that they properly applied for child support services; that, despite their good faith\nefforts to cooperate, the agency never took adequate steps to obtain child support\npayments for them; that these omissions were largely attributable to staff shortages and\nother structural defects in the State's program; and that these systemic failures violated their\nindividual rights under Title XXXX  to have all mandated services delivered in substantial\ncompliance with the title and its implementing regulations. They requested broad relief,\nincluding a declaratory judgment that the Arizona program's operation violates TitlXXXX XXXX XXXX\nprovisions creating rights in them that are enforceable through a  1983 action, and an\ninjunction requiring the director to achieve substantial compliance with Title IV-D\nthroughout all programmatic operations. The District Court granted summary judgment for\npetitioner, but the XXXX XXXX  reversed. Without distinguishing among the numerous\nprovisions of the complex XXXX XXXX program or the many rights those provisions might\nhave created, the latter court held that respondents had an enforceable individual right to\nhave the State achieve \"substantial compliance\" with XXXX XXXX. It also disagreed with the\nDistrict Court's conclusion that Congress had foreclosed private XXXX XXXX enforcement\nactions by authorizing the Secretary of Health and Human Services (Secretary) to audit and\ncut off funds to States whose programs do not substantially comply with XXXX XXXX\nrequirements Held: XXXX XXXX does not give individuals a federal right to force a state\nagency to substantially comply with XXXX XXXX XXXX  (a) A plaintiff seeking  XXXX  redress must assert the violation of a federal right, not merely of federal lawXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 493 U. S. 103, 106. XXXX  principal factors determine whether a\nstatutory provision creates a privately enforceable right: XXXX whether the plaintiff is an\nintended beneficiary of the statute; (XXXX  whether the plaintiff's asserted interests are not so\nvague and amor- XXXX  Syllabus phous as to be beyond the competence of the judiciary to\nenforce; and (3) whether the statute imposes a binding obligation on the State. SeeXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, 496 U. S. 498, 509. Even if a plaintiff demonstrates such a\nright, however, there is only a rebuttable presumption that it is enforceable under  XXXX.\nDismissal is proper if Congress specifically foreclosed a  XXXX  remedy, XXXX XXXX XXXX,\n468 U. S. 992, 1005, XXXX XXXX XXXX, either expressly, by forbidding recourse to  XXXX  in the\nstatute itself, or impliedly, by creating a comprehensive enforcement scheme that is\nincompatible with individual  XXXX  enforcement, XXXX XXXX XXXX, 512 U. S. 107, 133. XXXX XXXX  (b) Respondents have not established that XXXX XXXX gives them individually\nenforceable federal rights. In prior cases, the Court has been able to determine whether or\nXXXX XXXX XXXX XXXX\nPage XXXX of XXXX\nnot a statute created such rights because the plaintiffs articulated, and lower courts\nevaluated, welldefined claims. See, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 479 U. S. 418, 430. Here, respondents have not identified with particularity the\nrights they claim, and the XXXX XXXX has not engaged in the requisite methodical inquiry.\nThat court erred in apparently holding that individuals have an enforceable right to\n\"substantial compliance\" with XXXX XXXX in all respects. The statutory \"substantial\ncompliance\" requirement, see, e. g., 42 U. S. C.  609(a)(8) (1994 ed., Supp. II), does not give\nrise to individual rights; it was not intended to benefit individual children and custodial\nparents, but is simply a yardstick for the Secretary to measure the systemwide performance\nof a State's XXXX XXXX  program, allowing her to increase the frequency of audits and reduce\nthe State's federal grant upon a finding of substantial noncompliance. The Court of Appeals\nalso erred in taking a blanket approach to determining whether XXXX XXXX creates rights: It is\nreadily apparent that many of the provisions of that multifaceted statutory scheme,\nincluding its \"substantial compliance\" standard and data processing, staffing, and\norganizational requirements, do not fit any of the traditional criteria for identifying statutory\nrights. Although this Court does not foreclose the possibility that some XXXX XXXX  provisions\ngive rise to individual rights, the XXXX XXXX  did not separate out the particular rights it\nbelieved arise from the statutory scheme, the complaint is less than clear in this regard, and\nit is not certain whether respondents sought any relief more specific than a declaration that\ntheir \"rights\" were being violated and an injunction forcing petitioner to \"substantially\ncomply\" with all of XXXX XXXX provisions. This defect is best addressed by sending the case\nback for the District Court to construe the complaint in the XXXX  instance, in order to\ndetermine exactly what rights, considered in their most concrete, specific form, respondents\nare asserting. Only by manageably breaking down the 42 U.S. Code  1983 - Civil action for\ndeprivation of rights Every person who, under color of any statute, ordinance, regulation,\ncustom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to\nbe subjected, any citizen of the United States or other person within the jurisdiction thereof\nto the deprivation of any rights, privileges, or immunities secured by the Constitution and\nlaws, shall be liable to the party injured in an action at law, suit in equity, or other proper\nproceeding for redress, except that in any action brought against a judicial officer for an act\nor omission taken in such officers judicial capacity, injunctive relief shall not be granted\nunless a declaratory decree was violated or declaratory relief was unavailable. For the\npurposes of this section, any Act of Congress applicable exclusively to the District of\nColumbia shall be considered to be a statute of the District of Columbia. Credit card Code\n15 U.S. Code  1692k - Civil liability Amount of damages Except as otherwise provided\nby this section, any debt collector who fails to comply with any provision of this subchapter\nwith respect to any person is liable to such person in an amount equal to the sum of (1) any\nactual damage sustained by such person as a result of such failure; (2) (A) in the case of any\naction by an individual, such additional damages as the court may allow, but not exceeding\n$XXXX; or (B) in the case of a class action, (i) such amount for each named plaintiff as could\nbe recovered under subparagraph (A), and (ii) such amount as the court may allow for all\nother class members, without regard to a minimum individual recovery, not to exceed the\nlesser of $XXXX  or XXXX  per centum of the net worth of the debt collector; and (3) in the case\nof any successful action to enforce the foregoing liability, the costs of the action, together\nwith a reasonable attorneys fee as determined by the court. On a finding by the court that\nan action under this section was brought in bad faith and for the purpose of harassment, the\ncourt may award to the defendant attorneys fees reasonable in relation to the work\nexpended and costs. (b) Factors considered by court In determining the amount of liability\nin any action under subsection (a), the court shall consider, among other relevant factors\n(1) in any individual action under subsection (a)(2)(A), the frequency and persistence of\nnoncompliance by the debt collector, the nature of such noncompliance, and the extent to\nwhich such noncompliance was intentional; or (2) in any class action under subsection (a)(2)\n(B), the frequency and persistence of noncompliance by the debt collector, the nature of\nsuch noncompliance, the resources of the debt collector, the number of persons adversely\naffected, and the extent to which the debt collectors noncompliance was intentional. (c)\nIntent A debt collector may not be held liable in any action brought under this subchapter if\nthe debt collector shows by a preponderance of evidence that the violation was not\nintentional and resulted from a bona fide error notwithstanding the maintenance of\nprocedures reasonably adapted to avoid any such error. (d) Jurisdiction An action to\nXXXX XXXX XXXX XXXX\nPage XXXX of XXXX\nenforce any liability created by this subchapter may be brought in any appropriate United\nStates district court without regard to the amount in controversy, or in any other court of\ncompetent jurisdiction, within one year from the date on which the violation occurs. (e)\nAdvisory opinions of Bureau No provision of this section imposing any liability shall apply to\nany act done or omitted in good faith in conformity with any advisory opinion of the Bureau,\nnotwithstanding that after such act or omission has occurred, such opinion is amended,\nrescinded, or determined by judicial or other authority to be invalid for any reason. 15 U.S.\nCode  1642 - Issuance of credit cards No credit card shall be issued except in response to\na request or application therefor. This prohibition does not apply to the issuance of a credit\ncard in renewal of, or in substitution for, an accepted credit card. 15 U.S.C 1692g Validation\nof debts (a) Notice of debt; contents Within XXXX  days after the initial communication with a\nconsumer in connection with the collection of any debt, a debt collector shall, unless the\nfollowing information is contained in the initial communication or the consumer has paid\nthe debt, send the consumer a written notice containing (1) the amount of the debt; (2) the\nname of the creditor to whom the debt is owed; (3) a statement that unless the consumer,\nwithin thirty days after receipt of the notice, disputes the validity of the debt, or any portion\nthereof, the debt will be assumed to be valid by the debt collector; (4) a statement that if the\nconsumer notifies the debt collector in writing within the thirty-day period that the debt, or\nany portion thereof, is disputed, the debt collector will obtain verification of the debt or a\ncopy of a judgment against the consumer and a copy of such verification or judgment will\nbe mailed to the consumer by the debt collector; and (5) a statement that, upon the\nconsumers written request within the thirty-day period, the debt collector will provide the\nconsumer with the name and address of the original creditor, if different from the current\ncreditor. (b) Disputed debts If the consumer notifies the debt collector in writing within the\nthirty-day period described in subsection (a) that the debt, or any portion thereof, is\ndisputed, or that the consumer requests the name and address of the original creditor, the\ndebt collector shall cease collection of the debt, or any disputed portion thereof, until the\ndebt collector obtains verification of the debt or a copy of a judgment, or the name and\naddress of the original creditor, and a copy of such verification or judgment, or name and\naddress of the original creditor, is mailed to the consumer by the debt collector. Collection\nactivities and communications that do not otherwise violate this subchapter may continue\nduring the XXXX-day period referred to in subsection (a) unless the consumer has notified the\ndebt collector in writing that the debt, or any portion of the debt, is disputed or that the\nconsumer requests the name and address of the original creditor. Any collection activities\nand communication during the XXXX-day period may not overshadow or be inconsistent with\nthe disclosure of the consumers right to dispute the debt or request the name and address\nof the original creditor. (c) Admission of liability The failure of a consumer to dispute the\nvalidity of a debt under this section may not be construed by any court as an admission of\nliability by the consumer. (d) Legal pleadings A communication in the form of a formal\npleading in a civil action shall not be treated as an initial communication for purposes of\nsubsection (a). (e) Notice provisions The sending or delivery of any form or notice which\ndoes not relate to the collection of a debt and is expressly required by XXXX  XXXX, title V of\nGramm-Leach-Bliley Act [15 U.S.C. 6801 et seq.], or any provision of Federal or State law\nrelating to notice of data security breach or privacy, or any regulation prescribed under any\nsuch provision of law, shall not be treated as an initial communication in connection with\ndebt collection for purposes of this section. 15 U.S. Code  1681q - Obtaining information\nunder false pretenses U.S. Code Notes prev | next Any person who knowingly and willfully\nobtains information on a consumer from a consumer reporting agency under false\npretenses shall be fined under XXXX XXXX imprisoned for not more than XXXX  years, or both. To\nwho it may concern , After viewing a copy of my credit report, I noticed a collection account\nplaced on my credit report from you in XXXX  I am requesting that you allow me to validate\nthe alleged debt. I am unaware of any outstanding medical bills that I possess, and I am\nseeking the name and hospital/medical provider to which I owe the debt and a detailed\nbreakdown of the fees that I owe. Additionally, I am allowed under the Heath insurance\nPortability and Accountability Act (HIPAA] to protect my privacy and medical records from\nthird parties. I did not give permission to any of my current or prior medical providers to\nrelease any of my medical information to a third party. I am aware that the HIPAA does\nallows the release of limited information about me but anything more is to only be revealed\nwith the patient's authorization. Therefore, my request is twofold-validation of debt and\nXXXX XXXX XXXX XXXX\nPage XXXX of XXXX  HIPAA authorization.  Please provide breakdown of fees including any collection costs and\nmedical charges.  Provide a copy of my signature with the provider of service to release my\nmedical information to you.Cease any credit bureau reporting until the debt has been\nvalidated by me, Please send this information to my address listed above and accept this\nletter, sent certified mail, as my formal debt validation request, which I am allowed under the\nFDCPA. Please note that withholding the information you received from any medical\nprovider in an attempt to be HIPAA compliant can be a violation of the FDCPA because you\nwill be deceiving me after my written request. I request full documentation of what you\nreceived from the provider of service in connection with this alleged debt. Additionally, any\nreporting of this debt to the credit bureaus prior to allowing me to validate it is a violation of\nthe Fair Credit Reporting Act, which can allow me to seek damages from a collection\nagency. I will await your reply with above requested proof. Upon receiving it, I will\ncorrespond back by certified mail.\nI reserved all my rights to amend this Contract the Finance Manager Requested that I give it to the Dealership I have advised the Seller  told the buyer that I XXXX XXXX XXXX Private Individual Banker is a Beneficiary Of my trust and this is a Purchase for my trust XXXX XXXX XXXX XXXX XXXX XXXX request that they  will accept my TENDER OF PAYMENT for settlement of this account to be (balance to .00) on the books and to file IRS FORMS 1099s to properly balance the United States Treasury Debt I have signed this contract and I have not give my rights to amended this contract on Date:XXXX signed by the Beneficiary XXXX XXXX Private Individual Banker ESTATE /TRUST Exempt Form Levy I reserve all my rights WITHOUT RECOURSE UCC1-308 I will be using my credit for this transaction and not paying in cash and I have send my letter to the Finance Manager by email he requested they I send a tender of payment to retrieve my property I need to have cash or a check and which he have received and told me to send it to bank and it been over XXXX  and I have the right to receive my property and use my credit for this transaction and dont have to use cash or and any other payment of XXXX XXXX XXXX XXXX  We the people have the right to use credit or a tender of payment and if its not accepted by the party or Leander or vendor it is discharged by law all debt is obligation to the United States. Your company didnt disclose any truth in lending or cannot show me where I can send it to panties with cash, and I was trying to pay with my internal credit and not actual funds this is my GOD Giving rights and by law show me where it stated in law where I cant use my credit for this transaction or cant use negotiable instruments. I do not consent to your contract for FCRAAs a federal protected consumer, I am now opting out of any and all authorization I the consumer may have given you written unwritten, verbal and nonverbal 15 USC 1602. And I would like conversation for all the violations.\n16 CFR  313.1 - Purpose and scope. \n\tCFR \n\tTable of Popular Names\nprev | next\n XXXX  Purpose and scope.\n(a) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph (b) of this section. This part: \n(1) Requires a financial institution in specified circumstances to provide notice to  customers about its privacy policies and practices; \n(2) Describes the conditions under which a financial institution may disclose  nonpublic personal information about consumers to nonaffiliated third parties; and \n(3) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in XXXX XXXX, and 313.15. \n(b) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission(Commission) has rulemaking authority pursuant to section 504(a)(1)(C) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4(k) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843(k), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519(b) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third party finance or leasing source.\n[65 FR 33677, XXXX XXXX XXXX  as amended at 86 FR 70025, XXXX XXXX XXXX\n16 CFR  433.2 - Preservation of consumers' claims and defenses, unfair or deceptive acts or practices. \n\tCFR \n\tTable of Popular Names\nprev | next\n XXXX  Preservation of consumers' claims and defenses, unfair or deceptive acts or practices.\nIn connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive  act or practice within the meaning of section XXXX of that  Act for a  seller, directly or indirectly, to:\n(a) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type:\nNOTICE\nANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.\nor,\n(b) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan (as  purchase money loan is defined herein), unless any consumer credit contract made in connection with such  purchase money loan contains the following provision in at least ten point, bold face, type:\nNOTICE\nANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR","date_sent_to_company":"2024-11-06T18:03:26.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"68502","tags":null,"has_narrative":true,"complaint_id":"10717011","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-11-06T17:25:23.000Z","state":"NE","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["(c)\nIntent A debt collector may not be held liable in any action brought under this subchapter if\nthe debt collector shows by a preponderance of evidence that the violation was not\nintentional and resulted from a bona fide <em>error</em> notwithstanding the maintenance of\nprocedures reasonably adapted to avoid any such <em>error</em>."]},"sort":[5.5340166,"10717011"]},{"_index":"complaint-public-v1","_id":"8738326","_score":5.3926077,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is regarding the fraud committed against me in the false reporting, defamation, and misuse of my consumer credit profile and the accompanying CFRs along with 26 USC 7213 which is The Unauthorized disclosure of information which is a direct violation of said CFRs and codes. According to the Fair Credit Reporting Act 15 USC 1681 section 602a states \" There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of 1974, which is Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. Experian, XXXX and XXXX are consumer reporting agencies, and I am the consumer. I have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. P.L XXXX ( XXXX XXXX. XXXX ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XX/XX/XXXX. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title II related to extortionate credit transactions, title XXXX related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed { {$50.00} }. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in 1969 and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX, XXXX and Experian do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, Experian and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information. Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, Experian and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than { {$1000.00} }, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than { {$5000.00} }, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in XXXX to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( e ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than { {$5000.00} } or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( 2 ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other, ( 2 ) In accordance with the written instructions of the consumer to whom it relates ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report ; Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 15 U.S. Code 1681n - Civil liability for willful noncompliance ; ( a ) In general, any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than { {$100.00} } and not more than { {$1000.00} } ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or { {$1000.00} }, whichever is greater ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( XXXX ) any actual damages sustained by the consumer as a result of the failure. XXXX XXXX Code XXXX Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 15 U.S. Code 1692e False or misleading representations ; A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings may mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit may be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. 15 U.S. Code 1692e ( 6 ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. 15 U.S. Code 1692e ( 12 ) speaks of the false representation or implication that accounts have been turned over to innocent purchasers for value. 15 U.S. Code 1692e ( 13 ) is about the false representation or implication that documents are legal process. A debt collector may not send written communications that deceptively resemble legal process forms. He may not send a form or a dunning letter that, taken as a whole, appears to simulate legal process. However, one legal phrase ( such as notice of legal action or show just cause why ) alone will not result in a violation of this section unless it contributes to an erroneous impression that the document is a legal form. 15 U.S. Code 1692e ( 14 ) states, The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. 15 U.S. Code 1692e ( 15 ) states, The false representation or implication that documents are not legal process forms or do not require action by the consumer. A debt collector may not deceive a consumer into failing to respond to legal process by concealing the importance of the papers, thereby subjecting the consumer to a default judgment. 15 U.S. Code 1692e ( 16 ) states, 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. The FDCPA does not prohibit a debt collector from operating a consumer reporting agency, but only a bona fide consumer reporting agency may use names such as Credit Bureau unless it actually provides credit reporting, a disclaimer in the text of a letter that the debt collector is not affiliated with ( or employed by ) a consumer reporting agency will not necessarily avoid a violation if the collector uses a name that indicates otherwise. Experian, XXXX and XXXX are not maintaining reasonable procedures. There are also copies of my credit report attached that show and prove inaccuracies from one report to another as well. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. AS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THESE ACCOUNTS ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE THREE CREDIT BUREAUS ( EXPERIAN, XXXX, and XXXX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. ALSO, WOULD LIKE NEW CARDS REISSUED TO ME AS OPENED ENDED CHARGE CARDS ON ALL ACCOUNTS LISTED ON MY CREDIT REPORT THAT WERE CLOSED DO TO COLLECTIONS/CHARGE OFF. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC AND FTC, AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME.","date_sent_to_company":"2024-04-10T18:19:22.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"029XX","tags":null,"has_narrative":true,"complaint_id":"8738326","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-04-10T18:19:19.000Z","state":"RI","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":["Code 1666 - Correction of billing <em>errors</em> ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing <em>error</em>. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing <em>error</em>. ( d ) Restricting or closing by creditor of <em>account</em> regarded by obligor to contain a billing <em>error</em>. ( e ) Effect of noncompliance with requirements by creditor."]},"sort":[5.3926077,"8738326"]},{"_index":"complaint-public-v1","_id":"8738371","_score":5.3854666,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is regarding the fraud committed against me in the false reporting, defamation, and misuse of my consumer credit profile and the accompanying CFRs along with 26 USC 7213 which is The Unauthorized disclosure of information which is a direct violation of said CFRs and codes. According to the Fair Credit Reporting Act 15 USC 1681 section 602a states \" There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of 1974, which is Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. XXXX, Transunion and XXXX are consumer reporting agencies, and I am the consumer. I have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. P.L 90-321 ( 82 Stat. 146 ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XX/XX/XXXX. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title XXXX related to extortionate credit transactions, title XXXX related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed { {$50.00} }. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in 1969 and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies XXXX, Transunion and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to Transunion, XXXX and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information. Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. Transunion, XXXX and XXXX are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( XXXX ) All pertinent definitions contained in 16 CFR 433.1. ( XXXX ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( XXXX ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( XXXX ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than { {$1000.00} }, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than { {$5000.00} }, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in 1974 to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( e ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than { {$5000.00} } or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( 2 ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other, ( 2 ) In accordance with the written instructions of the consumer to whom it relates ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( XXXX ) appropriate proof of the identity of the consumer ; ( XXXX ) a copy of an identity theft report ; ( XXXX ) the identification of such information by the consumer; and ( XXXX ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report ; Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 15 U.S. Code 1681n - Civil liability for willful noncompliance ; ( a ) In general, any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than { {$100.00} } and not more than { {$1000.00} } ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or { {$1000.00} }, whichever is greater ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 15 U.S. Code 1692e False or misleading representations ; A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings may mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit may be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. 15 U.S. Code 1692e ( 6 ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. 15 U.S. Code 1692e ( 12 ) speaks of the false representation or implication that accounts have been turned over to innocent purchasers for value. 15 U.S. Code 1692e ( 13 ) is about the false representation or implication that documents are legal process. A debt collector may not send written communications that deceptively resemble legal process forms. He may not send a form or a dunning letter that, taken as a whole, appears to simulate legal process. However, one legal phrase ( such as notice of legal action or show just cause why ) alone will not result in a violation of this section unless it contributes to an erroneous impression that the document is a legal form. 15 U.S. Code 1692e ( 14 ) states, The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. 15 U.S. Code 1692e ( 15 ) states, The false representation or implication that documents are not legal process forms or do not require action by the consumer. A debt collector may not deceive a consumer into failing to respond to legal process by concealing the importance of the papers, thereby subjecting the consumer to a default judgment. 15 U.S. Code 1692e ( 16 ) states, 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. The FDCPA does not prohibit a debt collector from operating a consumer reporting agency, but only a bona fide consumer reporting agency may use names such as Credit Bureau unless it actually provides credit reporting, a disclaimer in the text of a letter that the debt collector is not affiliated with ( or employed by ) a consumer reporting agency will not necessarily avoid a violation if the collector uses a name that indicates otherwise. XXXX, Transunion and XXXX are not maintaining reasonable procedures. There are also copies of my credit report attached that show and prove inaccuracies from one report to another as well. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. AS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THESE ACCOUNTS ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE THREE CREDIT BUREAUS ( XXXX, TRANSUNION, and XXXX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. ALSO, WOULD LIKE NEW CARDS REISSUED TO ME AS OPENED ENDED CHARGE CARDS ON ALL ACCOUNTS LISTED ON MY CREDIT REPORT THAT WERE CLOSED DO TO COLLECTIONS/CHARGE OFF. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC AND FTC, AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME.","date_sent_to_company":"2024-04-10T18:19:13.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"029XX","tags":null,"has_narrative":true,"complaint_id":"8738371","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-04-10T17:53:30.000Z","state":"RI","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":["Code 1666 - Correction of billing <em>errors</em> ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing <em>error</em>. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing <em>error</em>. ( d ) Restricting or closing by creditor of <em>account</em> regarded by obligor to contain a billing <em>error</em>. ( e ) Effect of noncompliance with requirements by creditor."]},"sort":[5.3854666,"8738371"]},{"_index":"complaint-public-v1","_id":"8738327","_score":5.3854666,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is regarding the fraud committed against me in the false reporting, defamation, and misuse of my consumer credit profile and the accompanying CFRs along with 26 USC 7213 which is The Unauthorized disclosure of information which is a direct violation of said CFRs and codes. According to the Fair Credit Reporting Act 15 USC 1681 section 602a states \" There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. '' My Consumer Transaction History is Not to Be Reported from This Day Forth as per The Privacy Act of 1974, which is Federal Law that regulates how federal agencies collect store, use, and disclose personally identifiable information about individuals in systems of records. XXXX, XXXX and Equifax are consumer reporting agencies, and I am the consumer. I have the right to make sure my private information isn't shared and is backed by 15 USC 6801 which states \" It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. P.L XXXX ( XXXX XXXX. XXXX ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XX/XX/XXXX. It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title II related to extortionate credit transactions, title III related to restrictions on wage garnishment, and title IV related to the National Commission on Consumer Finance. 15 U.S. Code 1666 - Correction of billing errors ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing error. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing error. ( d ) Restricting or closing by creditor of account regarded by obligor to contain a billing error. ( e ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section 1666a of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( 2 ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection may not exceed { {$50.00} }. The Truth in Lending Act ( TILA ) is a federal statute which Congress enacted in XXXX and amended and expanded on numerous occasions after that date. '' ( Furnisher of information to credit agencies ) is a financial institution by definition under that title. 15 USC 1681 section 604 a section 2 states that \" In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : in accordance with the written instructions of the consumer to whom it relates. '' ( Furnisher of information to credit agencies ) the financial institution and the Consumer reporting agencies Equifax, XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. Any and all consent to XXXX, XXXX and Equifax, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. 15 USC 6802 ( b ) ( c ) states that \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' ( Furnisher of information to credit agencies ) Never informed me of my right to exercise my nondisclosure option. Not only that, 15 USC 1681C ( a ) ( 5 ) clearly states \" Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information. Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. '' This account is an adverse item they are reporting again without my permission which is against the law. 15 U.S. Code 1681s2 ( A ) ( 1 ) A states \" A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 15 U.S. Code 1681e states '' Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. XXXX, XXXX and Equifax are not maintaining reasonable procedures. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. Nonpublic information refers to information that is not and should not be available to the public. This includes Personal information of an individual, such as Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions. Information that is deemed private, protected, controlled, or exempt from disclosure under the Government Records Access and Management Act ( GRAMA ) or as non-public under other applicable State and federal laws. Information that has not been adequately disclosed to the general public. Material Nonpublic Information, also known as insider information, which is important but is not supposed to be disclosed to the public as the disclosure of the same has to affect the price or decision of investors of the company, and this information is known only to authorized personnel of the company. Information about the Treasurys business, economic, and policy plans, financial and asset information, trade secrets, information subject to the Privacy Act, personally identifiable information ( PII ), and sensitive but unclassified ( SBU ) information. 16 CFR 313.1 - Purpose and scope. ( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( 2 ) Describes the conditions under which a financial institution may disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 313.13, 313.14, and 313.15. ( b ) Scope. This part applies only to nonpublic personal information about individuals who obtain financial products or services primarily for personal, family or household purposes from the institutions listed below. This part does not apply to information about companies or about individuals who obtain financial products or services for business, commercial, or agricultural purposes. This part applies to those financial institutions over which the Federal Trade Commission ( Commission ) has rulemaking authority pursuant to section 504 ( a ) ( 1 ) ( C ) of the Gramm-Leach-Bliley Act. An entity is a financial institution if its business is engaging in an activity that is financial in nature or incidental to such financial activities as described in section 4 ( k ) of the Bank Holding Company Act of 1956, 12 U.S.C. 1843 ( k ), which incorporates activities enumerated by the Federal Reserve Board in 12 CFR 225.28 and 225.86. The financial institutions subject to the Commission 's rulemaking authority are any persons described in 12 U.S.C. 5519 that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both. They are referred to in this part as You. Excluded from the coverage of this part are motor vehicle dealers described in 12 U.S.C. 5519 ( b ) that directly extend to consumers retail credit or retail leases involving motor vehicles in which the contract governing such extension of retail credit or retail leases is not routinely assigned to an unaffiliated third-party finance or leasing source. 16 CFR 433.3 - XXXX of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 26 U.S. Code 7213 - Unauthorized disclosure of information ( a ) Returns and return information ( 1 ) Federal employees and other persons It shall be unlawful for any officer or employee of the United States or any person described in section 6103 ( n ) ( or an officer or employee of any such person ), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ). Any violation of this paragraph shall be a felony punishable upon conviction by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution, and if such offense is committed by any officer or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or discharged from employment upon conviction for such offense. ( 2 ) State and other employees It shall be unlawful for any person ( not described in paragraph ( 1 ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section 6103 ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( 1 ) ( C ), ( 3 ) ( B ) ( i ), or ( 7 ) ( A ) ( ii ), ( k ) ( 10 ), ( 13 ), ( 14 ), or ( 15 ), ( l ) ( 6 ), ( 7 ), ( 8 ), ( 9 ), ( 10 ), ( 12 ), ( 15 ), ( 16 ), ( 19 ), ( 20 ), or ( 21 ) or ( m ) ( 2 ), ( 4 ), ( 5 ), ( 6 ), or ( 7 ) of section 6103 or under section 6104 ( c ). Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 3 ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section 6103 ( b ) ) is disclosed in a manner unauthorized by this title thereafter willfully to print or publish in any manner not provided by law any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 4 ) Solicitation It shall be unlawful for any person willfully to offer any item of material value in exchange for any return or return information ( as defined in section 6103 ( b ) ) and to receive as a result of such solicitation any such return or return information. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( 5 ) Shareholders It shall be unlawful for any person to whom a return or return information ( as defined in section 6103 ( b ) ) is disclosed pursuant to the provisions of section 6103 ( e ) ( 1 ) ( D ) ( iii ) willfully to disclose such return or return information in any manner not provided by law. Any violation of this paragraph shall be a felony punishable by a fine in any amount not to exceed { {$5000.00} }, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. ( b ) Disclosure of operations of manufacturer or producer Any officer or employee of the United States who divulges or makes known in any manner whatever not provided by law to any person the operations, style of work, or apparatus of any manufacturer or producer visited by him in the discharge of his official duties shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than { {$1000.00} }, or imprisoned not more than 1 year, or both, together with the costs of prosecution ; and the offender shall be dismissed from office or discharged from employment. ( c ) Disclosures by certain delegates of Secretary All provisions of law relating to the disclosure of information, and all provisions of law relating to penalties for unauthorized disclosure of information, which are applicable in respect of any function under this title when performed by an officer or employee of the Treasury Department are likewise applicable in respect of such function when performed by any person who is a delegate within the meaning of section 7701 ( a ) ( 12 ) ( B ). ( d ) Disclosure of software Any person who willfully divulges or makes known software ( as defined in section 7612 ( d ) ( 1 ) ) to any person in violation of section 7612 shall be guilty of a felony and, upon conviction thereof, shall be fined not more than { {$5000.00} }, or imprisoned not more than 5 years, or both, together with the costs of prosecution. ( e ) Cross references ( 1 ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section 7216. ( 2 ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any officer or employee of the United States or any department or agency thereof, see 18 U.S.C. 1905. Privacy Act of 1974 Information the Privacy Act was passed in XXXX to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal government. The Privacy Act only applies to records that are located in a system of records. As defined in the Privacy Act, a system of records is a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Federal Trade Commission Act Law 15 U.S.C. 41-58 The Federal Trade Commission Act is the primary statute of the Commission. Under this Act, as amended, the Commission is empowered, among other things, to ( a ) prevent unfair methods of competition and unfair or deceptive acts or practices in or affecting commerce ; ( b ) seek monetary redress and other relief for conduct injurious to consumers ; ( c ) prescribe rules defining with specificity acts or practices that are unfair or deceptive, and establishing requirements designed to prevent such acts or practices ; ( d ) gather and compile information and conduct investigations relating to the organization, business, practices, and management of entities engaged in commerce; and ( e ) make reports and legislative recommendations to Congress and the public. A number of other statutes listed here are enforced under the FTC Act.15 U.S. Code 1611 ( 1 ) ( 2 ) ( 3 ) states Whoever willfully and knowingly gives false or inaccurate information or fails to provide information which he is required to disclose under the provisions of this subchapter or any regulation issued thereunder, and also uses any chart or table authorized by the Bureau under section 1606 of this title in such a manner as to consistently understate the annual percentage rate determined under section 1606 ( a ) ( 1 ) ( A ) of this title, or otherwise fails to comply with any requirement imposed under this subchapter, shall be fined not more than { {$5000.00} } or imprisoned not more than one year, or both. 15 U.S. Code 1681a ( 4 ) ( b ) Accuracy and fairness of credit reporting The Congress makes the following findings : There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures : It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. 15 U.S. Code 1681a - Definitions ; The term consumer reporting agency means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. The term consumer means an individual. The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living, ( 2 ) exclusions ( A ) ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; Reporting Transaction history is illegal. 15 U.S. Code 1681b - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other, ( 2 ) In accordance with the written instructions of the consumer to whom it relates ; They need your written consent to add anything to your consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. 15 U.S. Code 1681c2 - Block of information resulting from identity theft, except as otherwise provided in this section, a consumer reporting agency shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from an alleged identity theft, not later than 4 business days after the date of receipt by such agency, ( 1 ) appropriate proof of the identity of the consumer ; ( 2 ) a copy of an identity theft report ; ( 3 ) the identification of such information by the consumer; and ( 4 ) a statement by the consumer that the information is not information relating to any transaction by the consumer. 15 U.S. Code 1681e - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report ; Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. 15 U.S. Code 1681n - Civil liability for willful noncompliance ; ( a ) In general, any person who willfully fails to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( A ) any actual damages sustained by the consumer as a result of the failure or damages of not less than { {$100.00} } and not more than { {$1000.00} } ; or ( B ) in the case of liability of a natural person for obtaining a consumer report under false pretenses or knowingly without a permissible purpose, actual damages sustained by the consumer as a result of the failure or { {$1000.00} }, whichever is greater ; 15 U.S. Code 1681o - Civil liability for negligent noncompliance ; Any person who is negligent in failing to comply with any requirement imposed under this subchapter with respect to any consumer is liable to that consumer in an amount equal to the sum of ( 1 ) any actual damages sustained by the consumer as a result of the failure. 15 U.S. Code 6805 Enforcement ; Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, 15 U.S. Code 1692e False or misleading representations ; A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : 15 U.S. Code 1692e ( 1 ) states, The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. 15 U.S. Code 1692e ( 2 ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. Examples of common violations under this subsection include a collector falsely implying legal action has begun when it has not, where the collector claims an amount more than actually owed ( allegedly due to interest, late charges or other fees, that are not authorized ), and where the collector asserts a debt is owed and immediately due and payable, when it is not. 15 U.S. Code 1692e ( 3 ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector may not send a collection letter from a Pre-Legal Department, where no legal department exists, or send a letter deceptively using an attorneys name when the debt collector is not an attorney/law firm. And if a creditor falsely uses an attorneys name rather than its own when trying to collect, the creditor will lose its exemption from the FDCPAs definition of debt collector. 15 U.S. Code 1692e ( 4 ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. 15 U.S. Code 1692e ( 5 ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector may not state that he will take any action unless he intends to take the action when the statement is made, and ordinarily takes such action in similar circumstances. He or she may also not state that a third party ( e.g., the creditor ) will take an action unless there is reason to believe, at the time the statement is made, that such action will be taken. For example, a debt collector may not threaten to report a dishonored check or other fact to the police, unless he actually intends to do so, threaten to attach a consumers tax refund unless he has the legal authority to do so, report a debt to a credit bureau if it doesnt actually report debts, or threaten to illegally contact an employer, or other third party. A debt collector may also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt collectors implication or reference to an attorney or to legal proceedings may mislead the debtor as to the likelihood or immediate legal action. However, if the debt collector has reason to know legal action is unlikely in the particular case, that statement would be misleading. And lack of intent actually bring suit may be inferred when the amount of the debt is so small as to make the action totally unfeasible or when the debt collector is unable to take the action because the creditor has not authorized him to do so. 15 U.S. Code 1692e ( 6 ) states, The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to '' ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. This often occurs where the debt collector falsely states that the consumers account will be referred back to the original creditor, or a different collector, who will be able to otherwise who take action the FDCPA prohibits the debt collector to take. A debt collector may also not mislead the consumer as to the legal consequences of the consumers action or inaction ( e.g., by falsely implying that a failure to dispute is an admission of liability ). 15 U.S. Code 1692e ( 7 ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. 15 U.S. Code 1692e ( 8 ) states, Communicating or threatening to communicate to any person credit information which is known, or which should be known to be false, including the failure to communicate that a disputed debt is disputed. If a debt collector is reporting a debt to a credit bureau, and knows the consumer disputes the debt ( whenever the consumer disputes it, even if after thirty days ), he must update the account as disputed, and failure to do so violates the Act. 15 U.S. Code 1692e ( 9 ) states, The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. 15 U.S. Code 1692e ( 10 ) states, The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. This is in general, a catch all provision, encompassing actions not expressly listed. 15 U.S. Code 1692e ( 11 ) states, The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. 15 U.S. Code 1692e ( 12 ) speaks of the false representation or implication that accounts have been turned over to innocent purchasers for value. 15 U.S. Code 1692e ( 13 ) is about the false representation or implication that documents are legal process. A debt collector may not send written communications that deceptively resemble legal process forms. He may not send a form or a dunning letter that, taken as a whole, appears to simulate legal process. However, one legal phrase ( such as notice of legal action or show just cause why ) alone will not result in a violation of this section unless it contributes to an erroneous impression that the document is a legal form. 15 U.S. Code 1692e ( 14 ) states, The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. 15 U.S. Code 1692e ( 15 ) states, The false representation or implication that documents are not legal process forms or do not require action by the consumer. A debt collector may not deceive a consumer into failing to respond to legal process by concealing the importance of the papers, thereby subjecting the consumer to a default judgment. 15 U.S. Code 1692e ( 16 ) states, 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. The FDCPA does not prohibit a debt collector from operating a consumer reporting agency, but only a bona fide consumer reporting agency may use names such as Credit Bureau unless it actually provides credit reporting, a disclaimer in the text of a letter that the debt collector is not affiliated with ( or employed by ) a consumer reporting agency will not necessarily avoid a violation if the collector uses a name that indicates otherwise. XXXX, XXXX and Equifax are not maintaining reasonable procedures. There are also copies of my credit report attached that show and prove inaccuracies from one report to another as well. Also 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' I am opting out of your reporting services. AS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THESE ACCOUNTS ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE THREE CREDIT BUREAUS ( XXXX, XXXX, and EQUIFAX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. ALSO, WOULD LIKE NEW CARDS REISSUED TO ME AS OPENED ENDED CHARGE CARDS ON ALL ACCOUNTS LISTED ON MY CREDIT REPORT THAT WERE CLOSED DO TO COLLECTIONS/CHARGE OFF. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC AND FTC, AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME.","date_sent_to_company":"2024-04-10T18:19:22.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"029XX","tags":null,"has_narrative":true,"complaint_id":"8738327","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-04-10T18:19:19.000Z","state":"RI","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Code 1666 - Correction of billing <em>errors</em> ( a ) Written notice by obligor to creditor ; time for and contents of notice ; procedure upon receipt of notice by creditor. ( b ) Billing <em>error</em>. ( c ) Action by creditor to collect amount or any part thereof regarded by obligor to be a billing <em>error</em>. ( d ) Restricting or closing by creditor of <em>account</em> regarded by obligor to contain a billing <em>error</em>. 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