{"took":312,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":22,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"4701655","_score":23.429935,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"NOTICE OF ERROR/REQUEST FOR INFORMATION Notice of error, complaints, request for information or other qualified written requests Attn : Customer Relations XXXX XXXX XXXX XXXX, TX XXXX XXXX : Error Resolution Notice under 12 C.F.R. 1024.35 and Complaint for Non-Responsiveness to Lienholder Mortgage Loan Number : XXXX I am writing to request correction of the error described below regarding my mortgage on the property at XXXX XXXX XXXX, XXXX, TX XXXX. \n\nBe advised of the following\n\n: 12 C.F.R. 1024.35 ( a ) Notice of error. A servicer shall comply with the requirements of this s\nection for any written notice from the borrower that asserts an error and that includes the name of the borrower, information that enables the servicer to identify the borrower\n's mortgage loan account, and the error the borrower believes has occurred. A notice on a payment coupon or other payment form supplied by the servicer need not be treated by the servicer as a notice of error. A qualified written request that asserts an error relating to the servicing of a mortgage loan is a notice of error for purposes of this section, and a servicer must comply with all requirements applicable to a notice of error with respect to such qualified written request.\n\nI am requesting information to be corrected and distributed accordingly relating to the following identified issues as defined under 12 C.F.R. 1024.35 ( b ) Scope of error resolution categories : 1024.35 ( b ) ( 8 ) : Failure to transfer accurately and timely information relating to the servicing of a borrower 's mortgage loan account to a transferee servicer ; and, 1024.35 ( b ) ( 11 ) Any other error relating to the servicing of a borrower 's mortgage loan. \n\nFollowing direct attempts to make contact, ignoring my contact attempts, revisiting previously my attorney RESPA request containing 31 points, late return of documents to comply with the RESPA, and assertion that you will not remedy per previous CFPB complaint, I am addressing the matter here. \n\nYour company does not have the correct address for me and did not make any efforts to correct my address since the date of loan origination on XX/XX/XXXX. Refer to the document titled Enclosures, and I have made multiple attempts to correct this through the only means known, XXXX, the purchasing investor. \n\nI was never aware this loan originated and in fact, per responses from the major credit bureaus, your company put forth defenses against my claims of fraudulent addresses showing on my credit file ; addresses belonging to XXXX, or XXXX XXXX XXXX and Mr. XXXX XXXX. \n\nError of Disclosure : As my mortgage servicer, you have a duty to make transparent all items relevant to my mortgage. Your company failed to meet minimum standards with this regard to disclosure of mortgage activity since the date of origination. By incorrectly naming the payor as me and taking payment from another, you company precluded the possibility for direct transparency. \n\nError in remittance Your company has been taking mortgage payments from XXXX, or some assign that is not me. This party must no longer have access to communicate or transact with your company. I am the lienholder and the single point of contact for all matters pertaining to this loan. No other person or entity other than I shall have access for any purpose and this must be corrected immediately. \n\nFurthermore, it is my belief that your company has disclosed mortgage information without my consent to a third-party home investor and likewise taken payment from this investor knowingly under the false pretext that the payments were coming from me. This has not been authorized and is not allowed. I verified this on a call with your customer support on XX/XX/XXXX. Refer to enclosure titled Customer_Correspondence. This was provided as a direct reply to my inquiry on the loan. I do not have any knowledge of how these payments were made from where they came, the origin of the monies, the transactional records relating to the payments, or otherwise any understanding of how you came to accept these payments. \n\nIt is my explicit direction as the named lienholder that no other individual or entity is authorized to have information from your company about my mortgage, notwithstanding XXXX XXXX with a durable Power of Attorney. It is my further explicit direction that as the named lienholder that no other individual or entity is authorized to inquire about my loan or have revealed any details by any means relating to my loan for any reason at any time. This direction shall supersede any previous authorization otherwise expressed or understood as any such expression or understanding would have been erroneous and/or mistakenly interpreted. \n\nIdentity Errors in Address and Misreporting Thereof : Your company incorrectly assigned my address connecting my name with the property address of the home buying investor, XXXX when originating this loan. Refer to attached enclosure XXXX XXXX Mortgage Escrow Review Statement XXXX ( Postmarked XXXX ). Your company has not made available information on who/what entity has been responsible for payment remittance from the date of mortgage origination to present. \n\nYour company has not been properly reporting the mortgage to the credit bureaus, namely XXXX, Equifax, and XXXX. Specifically, and to expound, your company is reporting that I am making the payments to reduce the debt. This is untruthful and needs correction. \n\nYour company failed to maintain clarity and consistency in escrow credits and delivery of information. I received a check with the wrong address to my name on XX/XX/XXXX, for escrow calculations for year XXXX. I have not seen any disbursements or calculations for XXXX and request this be corrected or clarified. \n\nThis erroneous reporting is present and visible today on my personal income tax transcript. I did not report paying any mortgage interest when filing my returns because I did not. My XXXX income tax transcript shows that XXXX XXXX dba XXXX XXXX reported this to the IRS. I will provide as evidence a copy of my Income Tax Transcript as made available via IRS.gov, where you will find the identified reporting of \" FIN\n\n8950C '' for personal income tax purposes. Immediate corr\nection is demanded and removing of my name from this loan likewise. I recommend if not resolved here, this matter be turned over to the IRS for investigation, specifically as to how my tax return was associated with payments I never made. \n\nSincerely, XXXX XXXX","date_sent_to_company":"2021-09-09T05:47:14.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"77459","tags":null,"has_narrative":true,"complaint_id":"4701655","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2021-09-09T01:47:09.000Z","state":"TX","company_public_response":null,"sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["Be advised of the following\n\n: 12 C.F.R. 1024.35 ( a ) Notice of <em>error</em>. A servicer shall <em>comply</em> with the requirements of this s\nection for any written notice from the borrower that <em>asserts</em> an <em>error</em> and that includes the name of the borrower, information that enables the servicer to <em>identify</em> the borrower\n's mortgage <em>loan</em> account, and the <em>error</em> the borrower believes has occurred."]},"sort":[23.429935,"4701655"]},{"_index":"complaint-public-v1","_id":"4701650","_score":23.429935,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"NOTICE OF ERROR/REQUEST FOR INFORMATION Notice of error, complaints, request for information or other qualified written requests Attn : Customer Relations XXXX XXXX XXXX XXXX, TX XXXX Re : Error Resolution Notice under 12 C.F.R. 1024.35 and Complaint for Non-Responsiveness to Lienholder Mortgage Loan Number : XXXX I am writing to request correction of the error described below regarding my mortgage on the property at XXXX XXXX XXXXXXXX, XXXX, TX XXXX. \n\nBe advised of the following : 12 C.F.R. 1024.35 ( a ) Notice of error. \n\nA servicer shall comply with the requirements of this section for any written notice from the borrower that asserts an error and that includes the name of the borrower, information that enables the servicer to identify the borrower 's mortgage loan account, and the error the borrower believes has occurred. A notice on a payment coupon or other payment form supplied by the servicer need not be treated by the servicer as a notice of error. A qualified written request that asserts an error relating to the servicing of a mortgage loan is a notice of error for purposes of this section, and a servicer must comply with all requirements applicable to a notice of error with respect to such qualified written request. \n\nI am requesting information to be corrected and distributed accordingly relating to the following identified issues as defined under 12 C.F.R. 1024.35 ( b ) Scope of error resolution categories : 1024.35 ( b ) ( 8 ) : Failure to transfer accurately and timely information relating to the servicing of a borrower 's mortgage loan account to a transferee servicer ; and, 1024.35 ( b ) ( 11 ) Any other error relating to the servicing of a borrower 's mortgage loan. \n\nFollowing direct attempts to make contact, ignoring my contact attempts, revisiting previously my attorney RESPA request containing 31 points, late return of documents to comply with the RESPA, and assertion that you will not remedy per previous CFPB complaint, I am addressing the matter here. \n\nYour company does not have the correct address for me and did not make any efforts to correct my address since the date of loan origination on XX/XX/XXXX. Refer to the document titled Enclosures, and I have made multiple attempts to correct this through the only means known, XXXX.XXXX, the purchasing investor. \n\nI was never aware this loan originated and in fact, per responses from the major credit bureaus, your company put forth defenses against my claims of fraudulent addresses showing on my credit file ; addresses belonging to XXXX.XXXX, or XXXX XXXX XXXX and MrXXXX XXXX XXXX. \n\nError of Disclosure : As my mortgage servicer, you have a duty to make transparent all items relevant to my mortgage. Your company failed to meet minimum standards with this regard to disclosure of mortgage activity since the date of origination. By incorrectly naming the payor as me and taking payment from another, you company precluded the possibility for direct transparency. \n\nError in remittance Your company has been taking mortgage payments from XXXX, or some assign that is not me. This party must no longer have access to communicate or transact with your company. I am the lienholder and the single point of contact for all matters pertaining to this loan. No other person or entity other than I shall have access for any purpose and this must be corrected immediately. \n\nFurthermore, it is my belief that your company has disclosed mortgage information without my consent to a third-party home investor and likewise taken payment from this investor knowingly under the false pretext that the payments were coming from me. This has not been authorized and is not allowed. I verified this on a call with your customer support on XX/XX/XXXX. Refer to enclosure titled Customer_Correspondence. This was provided as a direct reply to my inquiry on the loan. I do not have any knowledge of how these payments were made from where they came, the origin of the monies, the transactional records relating to the payments, or otherwise any understanding of how you came to accept these payments. \n\nIt is my explicit direction as the named lienholder that no other individual or entity is authorized to have information from your company about my mortgage, notwithstanding XXXX XXXX with a durable Power of Attorney. It is my further explicit direction that as the named lienholder that no other individual or entity is authorized to inquire about my loan or have revealed any details by any means relating to my loan for any reason at any time. This direction shall supersede any previous authorization otherwise expressed or understood as any such expression or understanding would have been erroneous and/or mistakenly interpreted. \n\nIdentity Errors in Address and Misreporting Thereof : Your company incorrectly assigned my address connecting my name with the property address of the home buying investor, XXXX when originating this loan. Refer to attached enclosure XXXX XXXX Mortgage Escrow Review Statement XXXX ( Postmarked XXXX ). Your company has not made available information on who/what entity has been responsible for payment remittance from the date of mortgage origination to present. \n\nYour company has not been properly reporting the mortgage to the credit bureaus, namely XXXX, XXXX, and Transunion. Specifically, and to expound, your company is reporting that I am making the payments to reduce the debt. This is untruthful and needs correction. \n\nYour company failed to maintain clarity and consistency in escrow credits and delivery of information. I received a check with the wrong address to my name on XXXX XXXX XXXX for escrow calculations for year XXXX. I have not seen any disbursements or calculations for XXXX and request this be corrected or clarified. \n\nThis erroneous reporting is present and visible today on my personal income tax transcript. I did not report paying any mortgage interest when filing my returns because I did not. My XXXX income tax transcript shows that XXXX XXXX dba XXXX XXXX reported this to the IRS. I will provide as evidence a copy of my Income Tax Transcript as made available via IRS.gov, where you will find the identified reporting of \" FIN 8950C '' for personal income tax purposes. \n\nImmediate correction is demanded and removing of my name from this loan likewise. I recommend if not resolved here, this matter be turned over to the IRS for investigation, specifically as to how my tax return was associated with payments I never made. \n\nSincerely, XXXX XXXX","date_sent_to_company":"2021-09-09T05:47:14.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"77459","tags":null,"has_narrative":true,"complaint_id":"4701650","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2021-09-09T01:47:09.000Z","state":"TX","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["Be advised of the following : 12 C.F.R. 1024.35 ( a ) Notice of <em>error</em>. \n\nA servicer shall <em>comply</em> with the requirements of this section for any written notice from the borrower that <em>asserts</em> an <em>error</em> and that includes the name of the borrower, information that enables the servicer to <em>identify</em> the borrower 's mortgage <em>loan</em> account, and the <em>error</em> the borrower believes has occurred."]},"sort":[23.429935,"4701650"]},{"_index":"complaint-public-v1","_id":"4701649","_score":23.429935,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"NOTICE OF ERROR/REQUEST FOR INFORMATION Notice of error, complaints, request for information or other qualified written requests Attn : Customer Relations XXXX XXXX XXXX XXXX, TX XXXX Re : Error Resolution Notice under 12 C.F.R. 1024.35 and Complaint for Non-Responsiveness to Lienholder Mortgage Loan Number : XXXX  I am writing to request correction of the error described below regarding my mortgage on the property at XXXX XXXX XXXX, XXXX, TX XXXX. \n\nBe advised of the following : 12 C.F.R. 1024.35 ( a ) Notice of error. \n\nA servicer shall comply with the requirements of this section for any written notice from the borrower that asserts an error and that includes the name of the borrower, information that enables the servicer to identify the borrower 's mortgage loan account, and the error the borrower believes has occurred. A notice on a payment coupon or other payment form supplied by the servicer need not be treated by the servicer as a notice of error. A qualified written request that asserts an error relating to the servicing of a mortgage loan is a notice of error for purposes of this section, and a servicer must comply with all requirements applicable to a notice of error with respect to such qualified written request. \n\nI am requesting information to be corrected and distributed accordingly relating to the following identified issues as defined under 12 C.F.R. 1024.35 ( b ) Scope of error resolution categories : 1024.35 ( b ) ( 8 ) : Failure to transfer accurately and timely information relating to the servicing of a borrower 's mortgage loan account to a transferee servicer ; and, 1024.35 ( b ) ( 11 ) Any other error relating to the servicing of a borrower 's mortgage loan. \n\nFollowing direct attempts to make contact, ignoring my contact attempts, revisiting previously my attorney RESPA request containing 31 points, late return of documents to comply with the RESPA, and assertion that you will not remedy per previous CFPB complaint, I am addressing the matter here. \n\nYour company does not have the correct address for me and did not make any efforts to correct my address since the date of loan origination on XX/XX/XXXX. Refer to the document titled Enclosures, and I have made multiple attempts to correct this through the only means known, XXXX, the purchasing investor. \n\nI was never aware this loan originated and in fact, per responses from the major credit bureaus, your company put forth defenses against my claims of fraudulent addresses showing on my credit file ; addresses belonging to XXXX, or XXXX XXXX XXXX  and Mr. XXXX XXXX. \n\nError of Disclosure : As my mortgage servicer, you have a duty to make transparent all items relevant to my mortgage. Your company failed to meet minimum standards with this regard to disclosure of mortgage activity since the date of origination. By incorrectly naming the payor as me and taking payment from another, you company precluded the possibility for direct transparency. \n\nError in remittance Your company has been taking mortgage payments from XXXX, or some assign that is not me. This party must no longer have access to communicate or transact with your company. I am the lienholder and the single point of contact for all matters pertaining to this loan. No other person or entity other than I shall have access for any purpose and this must be corrected immediately. \n\nFurthermore, it is my belief that your company has disclosed mortgage information without my consent to a third-party home investor and likewise taken payment from this investor knowingly under the false pretext that the payments were coming from me. This has not been authorized and is not allowed. I verified this on a call with your customer support on XX/XX/XXXX. Refer to enclosure titled Customer_Correspondence. This was provided as a direct reply to my inquiry on the loan. I do not have any knowledge of how these payments were made from where they came, the origin of the monies, the transactional records relating to the payments, or otherwise any understanding of how you came to accept these payments. \n\nIt is my explicit direction as the named lienholder that no other individual or entity is authorized to have information from your company about my mortgage, notwithstanding XXXX XXXX with a durable Power of Attorney. It is my further explicit direction that as the named lienholder that no other individual or entity is authorized to inquire about my loan or have revealed any details by any means relating to my loan for any reason at any time. This direction shall supersede any previous authorization otherwise expressed or understood as any such expression or understanding would have been erroneous and/or mistakenly interpreted. \n\nIdentity Errors in Address and Misreporting Thereof : Your company incorrectly assigned my address connecting my name with the property address of the home buying investor, XXXX when originating this loan. Refer to attached enclosure Mr. Cooper Mortgage Escrow Review Statement XXXX ( Postmarked XXXX ). Your company has not made available information on who/what entity has been responsible for payment remittance from the date of mortgage origination to present. \n\nYour company has not been properly reporting the mortgage to the credit bureaus, namely XXXX, XXXX, and XXXX. Specifically, and to expound, your company is reporting that I am making the payments to reduce the debt. This is untruthful and needs correction. \n\nYour company failed to maintain clarity and consistency in escrow credits and delivery of information. I received a check with the wrong address to my name on XX/XX/XXXX, for escrow calculations for year XXXX. I have not seen any disbursements or calculations for XXXX and request this be corrected or clarified. \n\nThis erroneous reporting is present and visible today on my personal income tax transcript. I did not report paying any mortgage interest when filing my returns because I did not. My XXXX income tax transcript shows that Nationstar Mortgage dba Mr. Cooper reported this to the IRS. I will provide as evidence a copy of my Income Tax Transcript as made available via IRS.gov, where you will find the identified reporting of \" XXXX XXXX '' for personal income tax purposes. \n\nImmediate correction is demanded and removing of my name from this loan likewise. I recommend if not resolved here, this matter be turned over to the IRS for investigation, specifically as to how my tax return was associated with payments I never made. \n\nSincerely, XXXX XXXX","date_sent_to_company":"2021-09-09T05:47:04.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"77459","tags":null,"has_narrative":true,"complaint_id":"4701649","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Mr. Cooper Group Inc.","date_received":"2021-09-09T01:01:27.000Z","state":"TX","company_public_response":null,"sub_issue":"Information belongs to someone else"},"highlight":{"complaint_what_happened":["Be advised of the following : 12 C.F.R. 1024.35 ( a ) Notice of <em>error</em>. \n\nA servicer shall <em>comply</em> with the requirements of this section for any written notice from the borrower that <em>asserts</em> an <em>error</em> and that includes the name of the borrower, information that enables the servicer to <em>identify</em> the borrower 's mortgage <em>loan</em> account, and the <em>error</em> the borrower believes has occurred."]},"sort":[23.429935,"4701649"]},{"_index":"complaint-public-v1","_id":"20687947","_score":15.383263,"_source":{"product":"Mortgage","complaint_what_happened":"* * XXXX : * * XXXX XXXX * * XXXX XXXX. : XXXX XXXX XXXXXXXXXXXX XXXX XXXX Property : XXXX XXXX XXXX  XXXX XXXX XXXX, XXXX XXXX, Florida XXXX To Whom It May Concern : This letter is submitted as a renewed and expanded consumer complaint to the Consumer Financial Protection Bureau and as a formal Notice of Error and Request for Information to Select Portfolio Servicing , Inc. under the Real Estate Settlement Procedures Act and Regulation X, including 12 C.F.R. 1024.17, 1024.35, 1024.36, and 1024.37. A servicer must comply with a written notice of error that identifies the borrower, the loan, and the asserted error, and must likewise comply with a written request for information that identifies the borrower, the loan, and the requested information. CFPBs current Regulation X pages state exactly that for notices of error and requests for information. ( [ Consumer Financial Protection Bureau ] [ 1 ] ) SPS has been on notice of these servicing problems since at least XX/XX/XXXX. In the first CFPB complaint, the borrower explained that the loan was transferred to SPS even though the loan documents and closing structure required escrow only for flood insurance, not hazard insurance, and that SPS nevertheless disbursed more than {$21000.00} for homeowners insurance policies that had either already been paid, had been rejected, or were otherwise not authorized to be escrowed. SPS purchased the loan from XXXX XXXX Mortgage which loan documents would indicate escrow for flood only, not hazard. SPS responded on XX/XX/XXXX by admitting that the account was incorrectly transferred to SPS as escrowed for both hazard insurance and flood insurance, that it advanced funds from the escrow account when an insurance policy was received, and that it had updated the account to remove hazard escrow, while still insisting that any duplicate refunds should be obtained by the borrower and then sent back to SPS. \n\nThat response did not resolve the problem ; it confirmed it. SPS admitted the servicing transfer was wrong, admitted it treated the account as escrowed for hazard and flood when it should not have, admitted it advanced funds because of that error, and then attempted to shift the financial and administrative consequences of its own mistake onto the borrower. The second CFPB complaint, submitted in XX/XX/XXXX, expressly called out that SPS had already admitted making error payments for hazard insurance, had escalated the shortage from roughly {$17000.00} to roughly {$21000.00}, and was still demanding an inflated monthly amount while telling the borrower to chase insurance-company refunds for payments SPS had no authority to make in the first place. SPSs XX/XX/XXXX response again admitted the account was incorrectly transferred as escrowed for hazard and flood, again stated it removed hazard escrow, again asserted that any duplicate insurance refunds should be sent by the borrower to SPS, and again claimed the new monthly payment was accurate. \n\nThe current records show the problem has not only continued, but worsened. SPSs XX/XX/XXXX statement reflects a regular monthly payment of {$5300.00}, consisting of principal, interest, and escrow, and states that the account is due for XX/XX/XXXX and that {$10000.00} is due by XX/XX/XXXX, effectively double-charging the borrower for a claimed past-due installment. The XX/XX/XXXX statement again lists the regular monthly payment at {$5300.00} and again states that {$10000.00} is due, while showing that SPS received a payment on XX/XX/XXXX, parked it in unapplied funds, and then posted a SHORT PAYMENT entry rather than treating the payment as satisfying the borrowers obligation in the ordinary course. The XX/XX/XXXX statement shows the same pattern. It lists {$4300.00} as unapplied funds, states a total amount due of {$6200.00}, and shows unpaid late charges of {$1300.00}, even though SPS also shows that it received payments and then moved them through suspense and SHORT PAYMENT entries. \n\nThe XXXX statement is especially revealing. It states on page 1 that Partial payments are treated as unapplied funds until we receive enough for a full principal and interest payment, while at the same time the transaction history shows SPS receiving a payment on XX/XX/XXXX, assessing a late payment charge that same day, and then the next day posting a SHORT PAYMENT entry that applied principal and interest while zeroing out the suspense balance. That is exactly why the current late-fee demand is improper. SPS can not create or preserve a delinquency by its own payment-posting choices and then monetize that servicer-created delinquency through late fees. Regulation Xs error-resolution procedures exist precisely for servicing errors of this sort, and CFPBs mortgage servicing rules also govern escrow administration and force-placed insurance practices. \n\nThe insurance charges are equally problematic. The XX/XX/XXXX statement shows XXXX separate flood-insurance disbursements in XXXX, XXXX on XX/XX/XXXX for {$2700.00} and XXXX on XX/XX/XXXX for $ XXXX XXXX Form XXXX from SPS separately reports hazard-insurance XXXX of {$22000.00} for XXXX. You have now advised that SPS also made XXXX flood-insurance payments to both XXXX XXXX and XXXX and is trying to make the borrower bear the cost of XXXX flood policies. If that is what occurred, SPS has compounded the same problem it admitted in XXXX : it is paying policies it should not pay, billing the borrower for those disbursements, and then using the resulting balance distortion to justify an inflated monthly payment and continuing late charges. \n\nThe prior SPS position that the insurance XXXX would have sent you a refund check directly, which could be sent to SPS is not a valid answer. SPS made the disbursements. SPS created the escrow shortage. SPS controls the servicing ledger. SPS is the party with the servicing obligation under federal law. Removing hazard escrow without fully unwinding the consequences of SPSs own improper disbursements does not remediate the error. It simply freezes the borrower inside a distorted ledger and then forces the borrower to act as SPSs collection agent against third-party insurers. That is not correction. It is cost shifting. \n\nXXXX anticipated defenses fail on both the facts and the law. SPS will likely repeat that the account was transferred in incorrectly, that it later removed hazard escrow, and that any duplicate refunds must come from the insurers. But that admission actually establishes the borrowers core point : SPS knows the original escrow classification was wrong and knows it paid insurance based on that wrong classification. Once SPS admitted the servicing input error, its duty was not merely to stop making XXXX category of future disbursement. Its duty was to restore the account to the position it would have occupied absent SPSs own error, correct the shortage it manufactured, remove related late fees and delinquency treatment, and cease collection of amounts caused by its own misadministration. XXXX XXXX escrow rules govern how servicers maintain and analyze escrow accounts, and CFPB guidance makes clear that escrow collections are tied to amounts the servicer reasonably anticipates paying from the account. An escrow shortage built on unauthorized or erroneous disbursements is not reasonably anticipated in the ordinary sense ; it is servicer-caused. \n\nSPS XXXX also argue, as it did before, that late fees were assessed according to the note and that reporting was accurate. That answer ignores the threshold error. If the servicer misapplies payments, holds funds in suspense, inflates the amount due through improper insurance charges, and manufactures an escrow shortage by paying policies it should not have paid, then the servicer can not rely on the notes late-charge language as if the borrower independently failed to perform. The current record shows that SPS received payments, carried unapplied funds, and still assessed or preserved late fees totaling {$1300.00}. On these facts, the borrowers position is not that SPS miscalculated a late fee by a few dollars. The position is that SPS created the conditions under which it claimed a late fee at all. \nSPS XXXX further argue that it only escrowed flood after XX/XX/XXXX and that its current flood premium is merely a pass-through amount set by the XXXX. That defense also fails if SPS is indeed carrying XXXX flood policies or paying XXXX flood carriers for overlapping periods. Even if XXXX XXXX sets the premium, SPS remains responsible for determining whether it is properly disbursing escrow funds, whether coverage is duplicative, whether the borrower already has acceptable coverage, and whether the borrower is being charged for a servicer-caused duplication. CFPBs force-placed insurance rule governs hazard insurance specifically, but the broader Regulation X framework still requires accurate servicing, proper escrow administration, and timely correction of servicing errors. \n\nThis letter therefore identifies the following servicing errors and requests corresponding information. First, SPS has erred by failing to fully correct the consequences of the improper hazard-escrow transfer that it admitted in XXXX. Second, SPS has erred by assessing, maintaining, or attempting to collect late fees, including the current {$1300.00} late-fee balance, where the alleged delinquency is tied to SPSs own misapplication of payments and insurance-related account distortion. XXXX, SPS has erred by placing funds into unapplied status and then using that treatment to roll forward past-due amounts and generate inflated monthly demands. XXXX, SPS has erred by disbursing insurance premiums in a manner that appears duplicative, including XXXX flood-insurance payments to more than XXXX XXXX, and then requiring the borrower to pay for SPSs own XXXX or to recover SPSs money from the insurers. XXXX, SPS has erred by failing to provide a true remediation after admitting the account was transferred and serviced under an incorrect escrow structure. XXXX, SPS has erred to the extent it has furnished adverse account status or maintained delinquency metrics that arise from those servicing errors. \n\nUPDATED : ( Please note that to date, in XXXX, SPS has made payment, improperly, to XXXX flood insurance companies : XXXX XXXX and XXXX XXXX for the same property. SPS must obtain, on its own, a refund for XXXX XXXX as this policy had been cancelled. Please also note that SPS has overpaid Selective Insurance company, sending a check in the amount of over {$2000.00} for a policy with a premium of only {$1800.00}. Such remediation is required at the expense of SPS not the borrower. This ongoing bad faith and improper disbursement of money is the servicers to remediate not the borrower. ) Please see the attached XX/XX/XXXX letter from SPS. SPSs XX/XX/XXXX correspondence further confirms the servicing errors at issue rather than resolving them. SPS continues to withhold substantial funds in suspense, fail to apply them in a reasonable manner and then claim a possible delinquency and added late fees to a problem THEY HAVE CREATED. SPS claims the borrower is short {$920.00} but that amount is derived from : improper escrow charges, improper insurance disbursements, and their own admitted servicing errors. SPS logic amounts to \" you did not pay the full amount we incorrectly calculated, and therefore you are delinquent and owe us late fees. '' This is not legally sustainable and unjust to the borrower. This is not a legitimate deficiency in payment but rather the result of SPS ' inflated monthly obligation. SPS continues to weaponize suspense accounting. SPS receives money, holds it in suspense and refuses to apply it. Then assess late fees, inflate the amount due, and threaten credit reporting. This is a violation of RESPA. \n\nSPS to their benefit completely ignore that they created the escrow imbalance, they made unauthorized insurance payments and made duplicate coverage payments for both hazard and flood in XXXX and XXXX. They shift the burden to the borrower and demands the borrower catches up. SPS can not now rely on those same improper charges to claim that the borrower has failed to make full contractual payment. XXXX suggestion that the borrower must resolve the escrow issue by paying the inflated amount or seeking assistance options is inappropriate. The borrower is not in default ; SPS has created a distorted account balance through improper insurance payments and escrow handling. SPSnot the borrowermust correct those errors. In short, SPS is attempting to require the borrower to cure a deficiency that SPS itself created. That is not permitted under federal servicing standards. \n\nThe borrower reiterates that SPS must immediately apply all unapplied funds, remove all late charges, reverse all improper escrow and insurance-related charges, and restore the account to the position it would have been in had SPS not XXXX disbursed insurance funds or misapplied payments. \n\nSPS is treating the loan as delinquent solely because the borrower has not paid amounts that SPS improperly added to the account as a result of its own escrow and insurance errors. SPS can not create a servicing error and then penalize the borrower for not curing that error. \n\nTo cure these errors, SPS must do more than simply now acknowledge the proper escrow and loan documents and remove hazard escrow in name only. \n\nSPS must reverse every late fee that was assessed or carried forward because of the servicer-created delinquency, including the currently stated {$1300.00}. SPS must immediately apply all borrower payments correctly and reconstruct the account history month by month as if SPS had not improperly advanced hazard-insurance funds and as if SPS had not posted duplicative insurance disbursements. SPS must identify every insurance disbursement made since servicing transfer, including each hazard and flood payment, the date, payee, policy number, coverage period, reason for payment, and the specific authority SPS contends permitted the disbursement. SPS must identify all XXXX flood-insurance payments, including the payments reflected on the XXXX statement, and explain whether XXXX XXXX and XXXX were XXXX paid, why both were paid, and for what coverage periods. SPS must then pursue reimbursement directly from the carriers to the extent SPS made duplicate, unauthorized, or unnecessary payments. SPS is the party that made the disbursements. The borrower is not required to underwrite SPSs remediation by fronting inflated monthly payments or by acting as SPSs recovery department. \nSPS must also produce all escrow analyses, escrow-closing notices, disbursement histories, servicing-transfer boarding records, insurance notices, XXXX communications, coverage-verification documents, payment-posting histories, suspense-account histories, fee histories, and all records relating to any force-placement, lender-placement, duplicate payment, or overlapping flood coverage. SPS must explain how it calculated the current monthly amount due, how it carried forward past-due amounts, and why it considered the borrower late while also holding unapplied funds. CFPBs current Regulation X pages confirm the borrowers right to seek both error correction and information related to mortgage servicing. \n\nThe borrowers position is straightforward. SPS admitted the account was transferred and serviced under the wrong escrow assumption. SPS then failed to unwind the damage from that admitted error. Instead, SPS preserved the account distortion, charged the borrower as though SPSs mistake were the borrowers obligation, kept or assessed late fees, and is now apparently duplicating flood-insurance disbursements while insisting that the borrower either pay the inflated balance or recover SPSs money from insurers. That is not remediation, and it is not compliant servicing. \n\nAccordingly, the borrower demands that SPS, within the timelines required by federal law, acknowledge this Complaint, Notice of Error and XXXX for XXXX, conduct a full investigation, remove the late charges it itself has created by improper servicing errors, correct the payment application history, eliminate all account balances caused by unauthorized or duplicative insurance disbursements, cease collection of any amount tied to those disbursements, correct any inaccurate credit reporting, and provide the complete servicing and insurance records described above. If SPS contends no error occurred, then SPS must identify with specificity the contractual and regulatory basis for each disputed disbursement, each late charge, each suspense posting, and each claimed monthly amount due. \n\nPlease treat this submission as both a formal CFPB complaint supplement and a formal Notice of Error / Request for Information under Regulation X. The borrower expressly reserves all rights, claims, damages, and remedies. \n\nSincerely, XXXX XXXX.","date_sent_to_company":"2026-03-26T18:50:12.000Z","issue":"Trouble during payment process","sub_product":"Conventional home mortgage","zip_code":"33157","tags":null,"has_narrative":true,"complaint_id":"20687947","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SELECT PORTFOLIO SERVICING, INC.","date_received":"2026-03-26T18:17:45.000Z","state":"FL","company_public_response":null,"sub_issue":"Escrow, taxes, or insurance"},"highlight":{"complaint_what_happened":["A servicer <em>must</em> <em>comply</em> with a written notice of <em>error</em> that <em>identifies</em> the borrower, the <em>loan</em>, and the <em>asserted</em> <em>error</em>, and <em>must</em> <em>likewise</em> <em>comply</em> with a written request for information that <em>identifies</em> the borrower, the <em>loan</em>, and the requested information. CFPBs current Regulation X pages state exactly that for notices of <em>error</em> and requests for information. ( [ Consumer Financial Protection Bureau ] [ 1 ] ) SPS has been on notice of these servicing problems since at least XX/XX/XXXX."]},"sort":[15.383263,"20687947"]},{"_index":"complaint-public-v1","_id":"8759762","_score":6.128933,"_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 account regarded by obligor to contain a billing <em>error</em>. ( e ) Effect of noncompliance with requirements by creditor."]},"sort":[6.128933,"8759762"]},{"_index":"complaint-public-v1","_id":"8759365","_score":6.128933,"_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 account regarded by obligor to contain a billing <em>error</em>. ( e ) Effect of noncompliance with requirements by creditor."]},"sort":[6.128933,"8759365"]},{"_index":"complaint-public-v1","_id":"8759313","_score":6.1168623,"_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 account regarded by obligor to contain a billing <em>error</em>. ( e ) Effect of noncompliance with requirements by creditor."]},"sort":[6.1168623,"8759313"]},{"_index":"complaint-public-v1","_id":"8987271","_score":5.6924586,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXXXXXX XXXX XXXX and XXXX CARD 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. In 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 XXXXXXXX XXXX XXXX credit card account XXXX, and 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 12 months= { {$12000.00} } XXXX per violation x 12 months { {$12000.00} } 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. I have the right to make sure my private information isn't shared and is backed by XXXX XXXX XXXX which states \" It is the policy of the XXXX that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. P.L XXXX ( XXXX XXXX. XXXX ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on 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 XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX - 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. ( XXXX ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section XXXX of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( XXXX ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection XXXX not exceed { { {$50.00} } }. The Truth in Lending Act ( XXXX ) is a federal statute which XXXX 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. XXXX XXXX XXXX section XXXX a section XXXX states that \" In general Subject to subsection ( c ), any consumer reporting agency XXXX 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 XXXX XXXX and the Consumer reporting agencies XXXX XXXXXXXX XXXX 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, EQUIFAX and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. XXXX XXXX XXXX ( b ) ( c ) states that \" A financial institution XXXX 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, XXXX XXXX XXXX ( a ) ( XXXX ) clearly states \" Except as authorized under subsection ( b ), no consumer reporting agency XXXX make any consumer report containing any of the following items of information. Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than XXXX years. '' This account is an adverse item they are reporting again without my permission which is against the law. XXXX XXXX Code XXXX ( A ) ( XXXX ) 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. XXXX XXXX XXXX XXXX states '' XXXX consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section XXXX of this title and to limit the furnishing of consumer reports to the purposes listed under section XXXX of this title. XXXX XXXXXXXX XXXX XXXX, and XXXX CARD are not maintaining reasonable procedures. Also XXXX XXXX XXXX states that \" A consumer XXXX 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. XXXX XXXX XXXX, 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. XXXX XXXX XXXX - 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 : ( XXXX ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( XXXX ) Describes the conditions under which a financial institution XXXX disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( XXXX ) 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 XXXX. ( 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 XXXX XXXX XXXX ( Commission ) has rulemaking authority pursuant to section XXXX ( a ) ( XXXX ) ( 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 XXXX ( k ) of the XXXX XXXX XXXX XXXX  of XXXX, XXXX XXXX. XXXX ( k ), which incorporates activities enumerated by the Federal Reserve XXXX in XXXX CFR XXXX and XXXX. The financial institutions subject to the XXXX 's rulemaking authority are any persons described in XXXX XXXX. XXXX 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 XXXX XXXX. XXXX ( 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. XXXX CFR XXXX - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of XXXX ( 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 : ( XXXX ) All pertinent definitions contained in XXXX XXXX XXXX. ( 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 XXXX 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 XXXX 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. XXXX XXXX Code XXXX - Unauthorized disclosure of information ( a ) Returns and return information ( XXXX ) Federal employees and other persons It shall be unlawful for any XXXX or employee of the United States or any person described in section XXXX ( XXXX ) ( or an XXXX or employee of any such person ), or any former XXXX or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section XXXX ( 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 XXXX or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or XXXX from employment upon conviction for such offense. ( XXXX ) State and other employees It shall be unlawful for any person ( not described in paragraph ( XXXX ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section XXXX ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( XXXX ) ( C ), ( XXXX ) ( B ) ( i ), or ( XXXX ) ( A ) ( XXXX ), ( k ) ( XXXX ), ( XXXX ), ( XXXX ), or ( XXXX ), ( l ) ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), or ( XXXX ) or ( m ) ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), or ( XXXX ) of section XXXX or under section XXXX ( 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. ( XXXX ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section XXXX ( 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. ( XXXX ) 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 XXXX ( 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. ( XXXX ) XXXX It shall be unlawful for any person to whom a return or return information ( as defined in section XXXX ( b ) ) is disclosed pursuant to the provisions of section XXXX ( XXXX ) ( XXXX ) ( 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 ) XXXX of operations of manufacturer or producer Any XXXX 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 XXXX from employment. ( c ) Disclosures by certain delegates of XXXX XXXX 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 XXXX 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 XXXX ( a ) ( XXXX ) ( B ). ( d ) XXXX of software Any person who willfully divulges or makes known software ( as defined in section XXXX ( d ) ( XXXX ) ) to any person in violation of section XXXX 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. ( XXXX ) XXXX references ( XXXX ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section XXXX. ( XXXX ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any XXXX or employee of the United States or any department or agency thereof, see XXXX XXXX. XXXX. Privacy Act of XXXX XXXX the Privacy Act was passed in XXXX to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the XXXX 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 XXXX XXXX XXXX XXXX. XXXX The Federal Trade Commission XXXX is the primary statute of the XXXX. Under this XXXX, as amended, the XXXX 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 XXXX and the public. A number of other statutes listed here are enforced under the FTC XXXX XXXX XXXX XXXX ( XXXX ) ( XXXX ) ( XXXX ) 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 XXXX section XXXX of this title in such a manner as to consistently understate the annual percentage rate determined under section XXXX ( a ) ( XXXX ) ( 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 XXXX year, or both. XXXX XXXX XXXX XXXX ( XXXX ) ( b ) Accuracy and fairness of credit reporting The XXXX 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. XXXX XXXX XXXX XXXX - 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 ; XXXX XXXX history is illegal. XXXX XXXX Code XXXX - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency XXXX furnish a consumer report under the following circumstances and no other, ( XXXX ) 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. XXXX XXXX XXXX XXXX - XXXX 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 XXXX 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. XXXX XXXX XXXX XXXX - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section XXXX of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section XXXX 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 XXXX 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 XXXX 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. XXXX XXXX Code XXXX - 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 ; XXXX XXXX Code XXXX - 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 XXXX [ XXXX XXXX. XXXX 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, XXXX XXXX Code XXXX False or misleading representations ; A debt collector XXXX not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : XXXX XXXX XXXX XXXX ( XXXX ) 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. XXXX XXXX Code XXXX ( XXXX ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which XXXX be lawfully received by any debt collector for the collection of a debt. 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. XXXX XXXX XXXX XXXX ( XXXX ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector XXXX not send a collection letter from a XXXX 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. XXXX XXXX XXXX XXXX ( XXXX ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the XXXX, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. XXXX XXXX XXXX XXXX ( XXXX ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector XXXX 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 XXXX 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 XXXX 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 XXXX also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt XXXX 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 XXXX 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 ). XXXX XXXX XXXX XXXX ( XXXX ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. XXXX XXXX XXXX XXXX ( XXXX ) 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 XXXX days ), he must update the account as disputed, and failure to do so violates the XXXX. XXXX XXXX XXXX XXXX ( XXXX ) 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. XXXX XXXX XXXX XXXX ( XXXX ) 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. XXXX XXXX Code XXXX ( XXXX ) 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 ACCOUNTS DELETED/REMOVED WITHIN 4 DAYS FROM MY REPORT AS IT IS UNLAWFUL TO REPORT. These accounts has violated my rights to adverse employment action under FCRA XXXX. My right to privacy is guaranteed by XXXX XXXX. XXXX section XXXX ( A ) XXXX XXXX. XXXX ( 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. They continue to report this on my credit report. I want compensation because they violated me for months. They have both reported for months in total these derogatory. { {$1000.00} } per violation ( transaction ). { {$1000.00} } x 12 months for XXXX yrs total { {$12000.00} }. Their handling of my records and privacy is unacceptable. Because of this falsely 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. I demand that XXXX XXXXXXXX XXXX XXXX and XXXX XXXX rectify this issue immediately by removing these erroneous accounts 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. I 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":"2024-05-11T12:32:14.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"349XX","tags":null,"has_narrative":true,"complaint_id":"8987271","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-05-11T12:32:12.000Z","state":"FL","company_public_response":null,"sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["XXXX XXXX XXXX XXXX - 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 account regarded by obligor to contain a billing <em>error</em>. ( XXXX ) Effect of noncompliance with requirements by creditor."]},"sort":[5.6924586,"8987271"]},{"_index":"complaint-public-v1","_id":"8984522","_score":5.6924586,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXXXXXX XXXX XXXX  and XXXX CARD 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 XXXX have given you written, unwritten, verbal, and non-verbal per XXXX XXXX XXXX. XXXX XXXX XXXX states that \" A consumer XXXX exercise the right to opt-out at any time. '' I am opting out of your reporting services. In accordance with the Fair Credit Reporting Act, the list of accounts below has violated my federally protected consumer rights to privacy and confidentiality under XXXX XXXX XXXX. XXXX XXXX XXXX XXXX  credit card account XXXX, and XXXX XXXX, have violated my rights. XXXX XXXX. XXXX 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 12 months= { {$12000.00} } XXXX per violation x 12 months { {$12000.00} } 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. I have the right to make sure my private information isn't shared and is backed by XXXX XXXX XXXX which states \" It is the policy of the XXXX that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. P.L XXXX ( XXXX XXXX. XXXX ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on XXXX  It is composed of several titles relating to consumer credit, mainly title I, the Truth in Lending Act, title XXXX XXXXlated to extortionate credit transactions, title XXXX related to restrictions on wage garnishment, and title IV related to the XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX - 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. ( XXXX ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section XXXX of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( XXXX ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection XXXX not exceed { { {$50.00} } }. The Truth in Lending Act ( XXXX ) is a federal statute which XXXX 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. XXXX XXXX XXXX section XXXX a section XXXX states that \" In general Subject to subsection ( c ), any consumer reporting agency XXXX 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 XXXX XXXX and the Consumer reporting agencies XXXX XXXXXXXX XXXX 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 TRANSUNION, XXXX and XXXX, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. XXXX XXXX XXXX ( b ) ( c ) states that \" A financial institution XXXX 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, XXXX XXXX XXXX ( a ) ( XXXX ) clearly states \" Except as authorized under subsection ( b ), no consumer reporting agency XXXX make any consumer report containing any of the following items of information. Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than XXXX years. '' This account is an adverse item they are reporting again without my permission which is against the law. XXXX XXXX Code XXXX ( A ) ( XXXX ) 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. XXXX XXXX XXXX XXXX states '' XXXX consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section XXXX of this title and to limit the furnishing of consumer reports to the purposes listed under section XXXX  of this title. XXXX XXXXXXXX XXXX XXXX, and XXXX CARD are not maintaining reasonable procedures. Also XXXX XXXX XXXX states that \" A consumer XXXX 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 XXXX, 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. XXXX XXXX XXXX, 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. XXXX XXXX XXXX - 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 : ( XXXX ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( XXXX ) Describes the conditions under which a financial institution XXXX disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( XXXX ) 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 XXXX. ( 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 XXXX XXXX ) has rulemaking authority pursuant to section XXXX ( a ) ( XXXX ) ( 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 XXXX ( k ) of the Bank XXXX XXXX  Act of XXXX, XXXX XXXX. XXXX ( k ), which incorporates activities enumerated by the Federal Reserve XXXX in XXXX CFR XXXX and XXXX. The financial institutions subject to the XXXX 's rulemaking authority are any persons described in XXXX XXXX. XXXX 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 XXXX XXXX. XXXX ( 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. XXXX CFR XXXX - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of XXXX ( 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 : ( XXXX ) All pertinent definitions contained in XXXX XXXX XXXX. ( 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 XXXX 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 XXXX 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. XXXX XXXX Code XXXX - Unauthorized disclosure of information ( a ) Returns and return information ( XXXX ) Federal employees and other persons It shall be unlawful for any XXXX or employee of the United States or any person described in section XXXX ( XXXX ) ( or an XXXX or employee of any such person ), or any former XXXX or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section XXXX ( 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 XXXX or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or XXXX from employment upon conviction for such offense. ( XXXX ) State and other employees It shall be unlawful for any person ( not described in paragraph ( XXXX ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section XXXX ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( XXXX ) ( C ), ( XXXX ) ( B ) ( i ), or ( XXXX ) ( A ) ( XXXX ), ( k ) ( XXXX ), ( XXXX ), ( XXXX ), or ( XXXX ), ( l ) ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), or ( XXXX ) or ( m ) ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), or ( XXXX ) of section XXXX or under section XXXX ( 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. ( XXXX ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section XXXX ( 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. ( XXXX ) 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 XXXX ( 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. ( XXXX ) XXXX It shall be unlawful for any person to whom a return or return information ( as defined in section XXXX ( b ) ) is disclosed pursuant to the provisions of section XXXX ( XXXX ) ( XXXX ) ( 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 ) XXXX of operations of manufacturer or producer Any XXXX 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 XXXX from employment. ( c ) Disclosures by certain delegates of XXXX XXXX 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 XXXX 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 XXXX ( a ) ( XXXX ) ( B ). ( d ) XXXX of software Any person who willfully divulges or makes known software ( as defined in section XXXX ( d ) ( XXXX ) ) to any person in violation of section XXXX 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. ( XXXX ) XXXX references ( XXXX ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section XXXX. ( XXXX ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any XXXX or employee of the United States or any department or agency thereof, see XXXX XXXX. XXXX. Privacy Act of XXXX XXXX the Privacy Act was passed in XXXX to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the XXXX 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 XXXX XXXX XXXX XXXX. XXXX The Federal Trade Commission XXXX is the primary statute of the XXXX. Under this XXXX, as amended, the XXXX 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 XXXX and the public. A number of other statutes listed here are enforced under the FTC XXXX XXXX XXXX XXXX ( XXXX ) ( XXXX ) ( XXXX ) 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 XXXX section XXXX of this title in such a manner as to consistently understate the annual percentage rate determined under section XXXX ( a ) ( XXXX ) ( 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 XXXX year, or both. XXXX XXXX XXXX XXXX ( XXXX ) ( b ) Accuracy and fairness of credit reporting The XXXX 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. XXXX XXXX XXXX XXXX - 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 ; XXXX XXXX history is illegal. XXXX XXXX Code XXXX - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency XXXX furnish a consumer report under the following circumstances and no other, ( XXXX ) 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. XXXX XXXX XXXX XXXX - XXXX 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 XXXX 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. XXXX XXXX XXXX XXXX - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section XXXX of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section XXXX 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 XXXX 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 XXXX 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. XXXX XXXX Code XXXX - 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 ; XXXX XXXX Code XXXX - 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 XXXX [ XXXX XXXX. XXXX 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, XXXX XXXX Code XXXX False or misleading representations ; A debt collector XXXX not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : XXXX XXXX XXXX XXXX ( XXXX ) 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. XXXX XXXX Code XXXX ( XXXX ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which XXXX be lawfully received by any debt collector for the collection of a debt. 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. XXXX XXXX XXXX XXXX ( XXXX ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector XXXX not send a collection letter from a XXXX 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. XXXX XXXX XXXX XXXX ( XXXX ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the XXXX, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. XXXX XXXX XXXX XXXX ( XXXX ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector XXXX 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 XXXX 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 XXXX 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 XXXX also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt XXXX 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 XXXX 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 ). XXXX XXXX XXXX XXXX ( XXXX ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. XXXX XXXX XXXX XXXX ( XXXX ) 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 XXXX days ), he must update the account as disputed, and failure to do so violates the XXXX. XXXX XXXX XXXX XXXX ( XXXX ) 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. XXXX XXXX XXXX XXXX ( XXXX ) 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. XXXX XXXX Code XXXX ( XXXX ) 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 ACCOUNTS DELETED/REMOVED WITHIN 4 DAYS FROM MY REPORT AS IT IS UNLAWFUL TO REPORT. These accounts has violated my rights to adverse employment action under FCRA XXXX. My right to privacy is guaranteed by XXXX XXXX. XXXX section XXXX ( A ) XXXX XXXX. XXXX ( 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. They continue to report this on my credit report. I want compensation because they violated me for months. They have both reported for months in total these derogatory. { {$1000.00} } per violation ( transaction ). { {$1000.00} } x 12 months for XXXX yrs total { {$12000.00} }. Their handling of my records and privacy is unacceptable. Because of this falsely 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. I demand that XXXX XXXXXXXX XXXX XXXX and XXXX XXXX rectify this issue immediately by removing these erroneous accounts 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. I 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":"2024-05-11T12:32:06.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"349XX","tags":null,"has_narrative":true,"complaint_id":"8984522","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-05-11T12:26:11.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["XXXX XXXX XXXX XXXX - 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 account regarded by obligor to contain a billing <em>error</em>. ( XXXX ) Effect of noncompliance with requirements by creditor."]},"sort":[5.6924586,"8984522"]},{"_index":"complaint-public-v1","_id":"8984532","_score":5.678592,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXXXXXX XXXX XXXX and XXXX CARD 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 XXXX have given you written, unwritten, verbal, and non-verbal per XXXX XXXX XXXX. XXXX XXXX XXXX states that \" A consumer XXXX exercise the right to opt-out at any time. '' I am opting out of your reporting services. In accordance with the Fair Credit Reporting Act, the list of accounts below has violated my federally protected consumer rights to privacy and confidentiality under XXXX XXXX XXXX. XXXX XXXXXXXX XXXX XXXX credit card account XXXX, and XXXX XXXX, have violated my rights. XXXX XXXX. XXXX 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 12 months= { {$12000.00} } XXXX per violation x 12 months { {$12000.00} } 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. I have the right to make sure my private information isn't shared and is backed by XXXX XXXX XXXX which states \" It is the policy of the XXXX that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. 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 XXXX related to extortionate credit transactions, title XXXX related to restrictions on wage garnishment, and title IV related to the XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX - 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. ( XXXX ) Effect of noncompliance with requirements by creditor. Any creditor who fails to comply with the requirements of this section or section XXXX of this title forfeits any right to collect from the obligor the amount indicated by the obligor under paragraph ( XXXX ) of subsection ( a ) of this section, and any finance charges thereon, except that the amount required to be forfeited under this subsection XXXX not exceed { { {$50.00} } }. The Truth in Lending Act ( XXXX ) is a federal statute which XXXX 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. XXXX XXXX XXXX section XXXX a section XXXX states that \" In general Subject to subsection ( c ), any consumer reporting agency XXXX 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 XXXX XXXX and the Consumer reporting agencies XXXX XXXXXXXX XXXX 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 EXPERIAN, ( Furnisher of information to credit agencies ) whether it be verbal, non-verbal, written, implied or otherwise is revoked. XXXX XXXX XXXX ( b ) ( c ) states that \" A financial institution XXXX 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, XXXX XXXX XXXX ( a ) ( XXXX ) clearly states \" Except as authorized under subsection ( b ), no consumer reporting agency XXXX make any consumer report containing any of the following items of information. Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than XXXX years. '' This account is an adverse item they are reporting again without my permission which is against the law. XXXX XXXX Code XXXX ( A ) ( XXXX ) 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. XXXX XXXX XXXX XXXX states '' XXXX consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section XXXX of this title and to limit the furnishing of consumer reports to the purposes listed under section XXXX of this title. XXXX XXXX AND CO, and XXXX CARD are not maintaining reasonable procedures. Also XXXX XXXX XXXX states that \" A consumer XXXX 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 XXXX, 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. XXXX XXXX XXXX, 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. XXXX XXXX XXXX - 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 : ( XXXX ) Requires a financial institution in specified circumstances to provide notice to customers about its privacy policies and practices ; ( XXXX ) Describes the conditions under which a financial institution XXXX disclose nonpublic personal information about consumers to nonaffiliated third parties ; and ( XXXX ) 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 XXXX. ( 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 XXXX XXXX ) has rulemaking authority pursuant to section XXXX ( a ) ( XXXX ) ( 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 XXXX ( k ) of the Bank XXXX XXXX  Act of XXXX, XXXX XXXX. XXXX ( k ), which incorporates activities enumerated by the Federal Reserve XXXX in XXXX CFR XXXX and XXXX. The financial institutions subject to the XXXX 's rulemaking authority are any persons described in XXXX XXXX. XXXX 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 XXXX XXXX. XXXX ( 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. XXXX CFR XXXX - Exemption of sellers taking or receiving open end consumer credit contracts before XXXX XXXX from requirements of XXXX ( 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 : ( XXXX ) All pertinent definitions contained in XXXX XXXX XXXX. ( 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 XXXX 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 XXXX 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. XXXX XXXX Code XXXX - Unauthorized disclosure of information ( a ) Returns and return information ( XXXX ) Federal employees and other persons It shall be unlawful for any XXXX or employee of the United States or any person described in section XXXX ( XXXX ) ( or an XXXX or employee of any such person ), or any former XXXX or employee, willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section XXXX ( 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 XXXX or employee of the United States, he shall, in addition to any other punishment, be dismissed from office or XXXX from employment upon conviction for such offense. ( XXXX ) State and other employees It shall be unlawful for any person ( not described in paragraph ( XXXX ) ) willfully to disclose to any person, except as authorized in this title, any return or return information ( as defined in section XXXX ( b ) ) acquired by him or another person under subsection ( d ), ( i ) ( XXXX ) ( C ), ( XXXX ) ( B ) ( i ), or ( XXXX ) ( A ) ( XXXX ), ( k ) ( XXXX ), ( XXXX ), ( XXXX ), or ( XXXX ), ( l ) ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), or ( XXXX ) or ( m ) ( XXXX ), ( XXXX ), ( XXXX ), ( XXXX ), or ( XXXX ) of section XXXX or under section XXXX ( 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. ( XXXX ) Other persons It shall be unlawful for any person to whom any return or return information ( as defined in section XXXX ( 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. ( XXXX ) 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 XXXX ( 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. ( XXXX ) XXXX It shall be unlawful for any person to whom a return or return information ( as defined in section XXXX ( b ) ) is disclosed pursuant to the provisions of section XXXX ( XXXX ) ( XXXX ) ( 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 ) XXXX of operations of manufacturer or producer Any XXXX 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 XXXX from employment. ( c ) Disclosures by certain delegates of XXXX XXXX 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 XXXX 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 XXXX ( a ) ( XXXX ) ( B ). ( d ) XXXX of software Any person who willfully divulges or makes known software ( as defined in section XXXX ( d ) ( XXXX ) ) to any person in violation of section XXXX 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. ( XXXX ) XXXX references ( XXXX ) Penalties for disclosure of information by preparers of returns for penalty for disclosure or use of information by preparers of returns, see section XXXX. ( XXXX ) Penalties for disclosure of confidential information for penalties for disclosure of confidential information by any XXXX or employee of the United States or any department or agency thereof, see XXXX XXXX. XXXX. Privacy Act of XXXX XXXX the Privacy Act was passed in XXXX to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the XXXX 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 XXXX XXXX XXXX XXXX. XXXX The Federal Trade Commission XXXX is the primary statute of the XXXX. Under this XXXX, as amended, the XXXX 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 XXXX and the public. A number of other statutes listed here are enforced under the FTC XXXX XXXX XXXX XXXX ( XXXX ) ( XXXX ) ( XXXX ) 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 XXXX section XXXX of this title in such a manner as to consistently understate the annual percentage rate determined under section XXXX ( a ) ( XXXX ) ( 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 XXXX year, or both. XXXX XXXX XXXX XXXX ( XXXX ) ( b ) Accuracy and fairness of credit reporting The XXXX 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. XXXX XXXX XXXX XXXX - 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 ; XXXX XXXX history is illegal. XXXX XXXX Code XXXX - Permissible purposes of consumer reports Subject to subsection ( c ), any consumer reporting agency XXXX furnish a consumer report under the following circumstances and no other, ( XXXX ) 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. XXXX XXXX XXXX XXXX - XXXX 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 XXXX 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. XXXX XXXX XXXX XXXX - Compliance procedures, ( a ) identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section XXXX of this title and to limit the ( furnishing of consumer reports ), to the purposes listed under section XXXX 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 XXXX 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 XXXX 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. XXXX XXXX Code XXXX - 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 ; XXXX XXXX Code XXXX - 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 XXXX [ XXXX XXXX. XXXX 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, XXXX XXXX Code XXXX False or misleading representations ; A debt collector XXXX not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : XXXX XXXX XXXX XXXX ( XXXX ) 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. XXXX XXXX Code XXXX ( XXXX ) states, The false representation of ( A ) the character, amount, or legal status of any debt ; or ( B ) any services rendered or compensation which XXXX be lawfully received by any debt collector for the collection of a debt. 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. XXXX XXXX XXXX XXXX ( XXXX ) states, The false representation or implication that any individual is an attorney or that any communication is from an attorney. A debt collector XXXX not send a collection letter from a XXXX 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. XXXX XXXX XXXX XXXX ( XXXX ) states, The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the XXXX, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. XXXX XXXX XXXX XXXX ( XXXX ) states, The threat to take any action that can not legally be taken or that is not intended to be taken. A debt collector XXXX 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 XXXX 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 XXXX 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 XXXX also not misrepresent the imminence of an action, when such action is not actually planned. For example, a debt XXXX 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 XXXX 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 ). XXXX XXXX XXXX XXXX ( XXXX ) states, The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. XXXX XXXX XXXX XXXX ( XXXX ) 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 XXXX days ), he must update the account as disputed, and failure to do so violates the XXXX. XXXX XXXX XXXX XXXX ( XXXX ) 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. XXXX XXXX XXXX XXXX ( XXXX ) 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. XXXX XXXX Code XXXX ( XXXX ) 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 ACCOUNTS DELETED/REMOVED WITHIN 4 DAYS FROM MY REPORT AS IT IS UNLAWFUL TO REPORT. These accounts has violated my rights to adverse employment action under FCRA XXXX. My right to privacy is guaranteed by XXXX XXXX. XXXX section XXXX ( A ) XXXX XXXX. XXXX ( 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. They continue to report this on my credit report. I want compensation because they violated me for months. They have both reported for months in total these derogatory. { {$1000.00} } per violation ( transaction ). { {$1000.00} } x 12 months for XXXX yrs total { {$12000.00} }. Their handling of my records and privacy is unacceptable. Because of this falsely 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. I demand that XXXX XXXXXXXX XXXX XXXX and XXXX XXXX rectify this issue immediately by removing these erroneous accounts 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. I 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":"2024-05-11T12:32:14.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"349XX","tags":null,"has_narrative":true,"complaint_id":"8984532","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-05-11T12:32:12.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["XXXX XXXX XXXX XXXX - 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 account regarded by obligor to contain a billing <em>error</em>. ( XXXX ) Effect of noncompliance with requirements by creditor."]},"sort":[5.678592,"8984532"]},{"_index":"complaint-public-v1","_id":"8738326","_score":5.487819,"_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 account regarded by obligor to contain a billing <em>error</em>. ( e ) Effect of noncompliance with requirements by creditor."]},"sort":[5.487819,"8738326"]},{"_index":"complaint-public-v1","_id":"8610485","_score":5.487819,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is in regard to 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 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 May 29, 1968. 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 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 XXXX XXXX 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 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 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 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. \nAS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE XXXX CREDIT BUREAUS ( XXXX, XXXX and XXXX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC, FTC, AND CFPB AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME. PERPETRATED AGAINST ME PERPETRATED AGAINST ME PAGAINST ME!","date_sent_to_company":"2024-04-01T19:46:59.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32304","tags":null,"has_narrative":true,"complaint_id":"8610485","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Self Financial Inc.","date_received":"2024-03-23T21:01:08.000Z","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 account regarded by obligor to contain a billing <em>error</em>. ( e ) Effect of noncompliance with requirements by creditor."]},"sort":[5.487819,"8610485"]},{"_index":"complaint-public-v1","_id":"8613850","_score":5.486418,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is in regard to 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 XXXX, 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 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 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 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 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. ( XXXX ) 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 XXXX 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 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. \nAS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE 3 CREDIT BUREAUS ( XXXX, XXXX and XXXX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC, FTC, AND CFPB AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME. PERPETRATED AGAINST ME PERPETRATED AGAINST ME PAGAINST ME!","date_sent_to_company":"2024-03-23T21:01:03.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32304","tags":null,"has_narrative":true,"complaint_id":"8613850","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"ALLY FINANCIAL INC.","date_received":"2024-03-23T20:42:16.000Z","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 account regarded by obligor to contain a billing <em>error</em>. ( e ) Effect of noncompliance with requirements by creditor."]},"sort":[5.486418,"8613850"]},{"_index":"complaint-public-v1","_id":"8610500","_score":5.486418,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is in regard to 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 XXXX are consumer reporting agencies, and I am the XXXX. 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 May 29, 1968. 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 Equifax 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 Transunion, Experian 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. Transunion, Experian 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 - Exemption of sellers taking or receiving open end consumer credit contracts before November 1,1977 from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before XXXX XXXX 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 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 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 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. \nAS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE XXXX CREDIT BUREAUS ( XXXX, XXXX and XXXX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC, FTC, AND CFPB AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME. PERPETRATED AGAINST ME PERPETRATED AGAINST ME PAGAINST ME!","date_sent_to_company":"2024-03-28T19:01:44.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32304","tags":null,"has_narrative":true,"complaint_id":"8610500","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SYNCHRONY FINANCIAL","date_received":"2024-03-23T22:15:24.000Z","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 account regarded by obligor to contain a billing <em>error</em>. ( e ) Effect of noncompliance with requirements by creditor."]},"sort":[5.486418,"8610500"]},{"_index":"complaint-public-v1","_id":"8738371","_score":5.4750323,"_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 account regarded by obligor to contain a billing <em>error</em>. ( e ) Effect of noncompliance with requirements by creditor."]},"sort":[5.4750323,"8738371"]},{"_index":"complaint-public-v1","_id":"8738327","_score":5.4750323,"_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 account regarded by obligor to contain a billing <em>error</em>. ( e ) Effect of noncompliance with requirements by creditor."]},"sort":[5.4750323,"8738327"]},{"_index":"complaint-public-v1","_id":"8625996","_score":5.4750323,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is in regard to 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 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 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 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 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 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 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. \nAS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE 3 CREDIT BUREAUS ( XXXX, XXXX and XXXX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC, FTC, AND CFPB AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX","date_sent_to_company":"2024-03-23T20:30:13.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32304","tags":null,"has_narrative":true,"complaint_id":"8625996","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"World Acceptance Corporation","date_received":"2024-03-23T20:30:10.000Z","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 account regarded by obligor to contain a billing <em>error</em>. ( e ) Effect of noncompliance with requirements by creditor."]},"sort":[5.4750323,"8625996"]},{"_index":"complaint-public-v1","_id":"8610973","_score":5.4750323,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is in regard to 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 XXXX, 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 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 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 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 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 XXXX 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 ( 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 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 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. \nAS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE 3 CREDIT BUREAUS ( XXXX, XXXX and XXXX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC, FTC, AND CFPB 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":"2024-03-23T20:11:00.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32304","tags":null,"has_narrative":true,"complaint_id":"8610973","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Colony Brands, Inc.","date_received":"2024-03-23T19:49:56.000Z","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 account regarded by obligor to contain a billing <em>error</em>. ( e ) Effect of noncompliance with requirements by creditor."]},"sort":[5.4750323,"8610973"]},{"_index":"complaint-public-v1","_id":"8614973","_score":5.4735746,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is in regard to 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 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 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 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 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 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 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.\n\nAS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE 3 CREDIT BUREAUS ( XXXX, XXXX and XXXX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC, FTC, AND CFPB AS WELL AS OTHER ENTITIES WITHIN THAT RELM, CAN AND WILL BE IMMEDIATELY NOTIFIED OF THE FRAUDULENT ACTIONS PERPETRATED AGAINST ME. PERPETRATED AGAINST ME PERPETRATED AGAINST ME PAGAINST ME!","date_sent_to_company":"2024-03-23T22:15:29.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32304","tags":null,"has_narrative":true,"complaint_id":"8614973","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Resurgent Capital Services L.P.","date_received":"2024-03-23T22:15:24.000Z","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 account regarded by obligor to contain a billing <em>error</em>. ( e ) Effect of noncompliance with requirements by creditor."]},"sort":[5.4735746,"8614973"]},{"_index":"complaint-public-v1","_id":"8613851","_score":5.4735746,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is in regard to 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 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 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 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 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 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 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.\n\nAS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE XXXX CREDIT BUREAUS ( XXXX, XXXX and XXXX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC, FTC, AND CFPB 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":"2024-03-23T20:11:09.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32304","tags":null,"has_narrative":true,"complaint_id":"8613851","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Colony Brands, Inc.","date_received":"2024-03-23T20:11:05.000Z","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 account regarded by obligor to contain a billing <em>error</em>. ( e ) Effect of noncompliance with requirements by creditor."]},"sort":[5.4735746,"8613851"]},{"_index":"complaint-public-v1","_id":"8610958","_score":5.4735746,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is in regard to 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 90-321 ( 82 Stat. 146 ) is the Consumer Credit Protection Act ( CCPA ), a United States law enacted on May 29, 1968. 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 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 - Exemption of sellers taking or receiving open end consumer credit contracts before November 1,1977 from requirements of 433.2 ( a ). ( a ) Any seller who has taken or received an open-end consumer credit contract before November 1, 1977, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract. 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 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.\n\nAS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE XXXX CREDIT BUREAUS ( XXXX, XXXX and EQUIFAX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC, FTC, AND CFPB 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":"2024-03-25T16:29:37.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32304","tags":null,"has_narrative":true,"complaint_id":"8610958","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-03-23T19:08:15.000Z","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 account regarded by obligor to contain a billing <em>error</em>. ( e ) Effect of noncompliance with requirements by creditor."]},"sort":[5.4735746,"8610958"]},{"_index":"complaint-public-v1","_id":"8610426","_score":5.4735746,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"This letter is in regard to 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 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 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 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 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 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 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.\n\nAS PER THE LAW, I WANT THESE UPDATES COMPLETED WITHIN 4 DAYS, AND I STILL WANT THIS ACCOUNT ON MY REPORT AS IT IS UNLAWFUL TO REPORT MY UTILIZATION TO ANY OF THE XXXX  CREDIT BUREAUS ( XXXX, XXXX and XXXX ). THE STATUS IN QUESTION IS TO BE CHANGED TO PAID AS AGREED. IF THERE IS NO COMPLIANCE OF THIS MATTER ANY AND ALL OF THE PROPER AUTHORITIES SUCH AS THE SEC, FTC, AND CFPB 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":"2024-03-28T12:46:50.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"32304","tags":null,"has_narrative":true,"complaint_id":"8610426","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Colony Brands, Inc.","date_received":"2024-03-23T19:37:01.000Z","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 account regarded by obligor to contain a billing <em>error</em>. ( e ) Effect of noncompliance with requirements by creditor."]},"sort":[5.4735746,"8610426"]}]},"aggregations":{"has_narrative":{"meta":{},"doc_count":22,"has_narrative":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":1,"key_as_string":"true","doc_count":22}]}},"product":{"doc_count":22,"product":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting or other personal consumer reports","doc_count":18,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":18}]}},{"key":"Credit reporting, credit repair services, or other personal consumer reports","doc_count":3,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Credit reporting","doc_count":3}]}},{"key":"Mortgage","doc_count":1,"sub_product.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Conventional home mortgage","doc_count":1}]}}]}},"issue":{"doc_count":22,"issue":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Improper use of your report","doc_count":15,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Reporting company used your report improperly","doc_count":15}]}},{"key":"Incorrect information on your report","doc_count":6,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Account information incorrect","doc_count":3},{"key":"Information belongs to someone else","doc_count":3}]}},{"key":"Trouble during payment process","doc_count":1,"sub_issue.raw":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Escrow, taxes, or insurance","doc_count":1}]}}]}},"timely":{"doc_count":22,"timely":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Yes","doc_count":22}]}},"company_response":{"doc_count":22,"company_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Closed with explanation","doc_count":19},{"key":"Closed with non-monetary relief","doc_count":3}]}},"submitted_via":{"doc_count":22,"submitted_via":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Web","doc_count":22}]}},"company":{"doc_count":22,"company":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"EQUIFAX, INC.","doc_count":4},{"key":"Colony Brands, Inc.","doc_count":3},{"key":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","doc_count":3},{"key":"Experian Information Solutions Inc.","doc_count":2},{"key":"SYNCHRONY FINANCIAL","doc_count":2},{"key":"ALLY FINANCIAL INC.","doc_count":1},{"key":"Maximus Federal Services, Inc.","doc_count":1},{"key":"Mr. Cooper Group Inc.","doc_count":1},{"key":"Resurgent Capital Services L.P.","doc_count":1},{"key":"SELECT PORTFOLIO SERVICING, INC.","doc_count":1},{"key":"Self Financial Inc.","doc_count":1},{"key":"VYSTAR CREDIT UNION","doc_count":1},{"key":"World Acceptance Corporation","doc_count":1}]}},"state":{"doc_count":22,"state":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"FL","doc_count":16},{"key":"RI","doc_count":3},{"key":"TX","doc_count":3}]}},"company_public_response":{"doc_count":22,"company_public_response":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[{"key":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","doc_count":9}]}},"tags":{"doc_count":22,"tags":{"doc_count_error_upper_bound":0,"sum_other_doc_count":0,"buckets":[]}}},"_meta":{"license":"CC0","last_updated":"2026-07-14T12:00:00-05:00","last_indexed":"2026-07-14T12:00:00-05:00","total_record_count":16441818,"is_data_stale":false,"has_data_issue":false,"break_points":{}}}