{"took":185,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":59,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"3282797","_score":21.488539,"_source":{"product":"Credit reporting, credit repair services, or other personal consumer reports","complaint_what_happened":"To Whom This May Concern : I am filing this complaint due to lack of resolution with Equifax to make my credit file available to creditors. I have had two scenarios in which my credit files was not made available to a creditor whom I had been applying with for a home construction and mortgage loan. The first scenario was with XXXX XXXX XXXX when I had applied for a construction loan. The second scenario was when I was refinancing the construction loan to a permanent home mortgage with both XXXX XXXX XXXX and XXXX XXXX XXXX XXXX. During both scenarios I had called Equifax to lift a credit freeze on my file and remove fraud alert. All attempts to lift my credit file freeze and remove the fraud alert resulted in Equifax confirming the freeze lift and my creditor unable to view my credit file. During the second scenario I had requested that the credit freeze and fraud be permanently removed from my file in hopes to correct any glitches with Equifax. Unfortunately, the result was the same with my creditors unable to view my credit file. In disbelief of the situation at hand, I attempted to use the free annual credit report overseen by the US government, however I was unable to view my Equifax credit report. I find myself in a situation where I will be unable to apply for loans due my Equifax credit report being unavailable to creditors whom I apply with. I have exhausted my efforts to resolve this situation with Equifax and hope that this complaint will yield better results than I have had alone. Below is a list of dates, given to the best of my knowledge, in which the above described scenarios occurred : Scenario 1 XX/XX/XXXX - XX/XX/XXXX Requested Equifax freeze lift via online, resulted in online request unavailable Called Equifax to lift credit freeze XXXX XXXX was unable to view credit file ( application for construction loan ) Called Equifax to report problem, Equifax representative suggest XXXX to call the business customer service phone number XXXX XXXX called the Equifax business customer service with no resolution, XXXX had made an executive exception to allow me to apply for the construction loan without the Equifax credit report Scenario 2 XX/XX/XXXX Called Equifax to request credit lift between the dates of XX/XX/XXXX XXXX XX/XX/XXXX XX/XX/XXXX XXXX XXXX was unable to view my credit file and instructed me to call the consumer validation line at Equifax at XXXX to verify all of the information I called the number to verify my information Equifax advised that the freeze lift was a global lift and any creditor could view my file, I relayed this information to XXXX 3. XX/XX/XXXX XXXX advised me that they required a pin number to view my file My response to XXXX was that a pin to open my credit file does not exist and advised XXXX to call the Equifax Business customer service Called Equifax fraud department XXXX to permanently remove the fraud alert Called Equifax to permanently remove credit freeze 4. XX/XX/XXXX XXXX reported back that my credit file with Equifax was still not obtainable 5. XXXX XXXX XXXX XXXX was also unsuccessful to view my Equifax credit file during the credit freeze lift period of XX/XX/XXXX XXXX XX/XX/XXXX During all customer service calls with Equifax I was successful at proving my identity by passing the four security questions.","date_sent_to_company":"2019-06-21T05:45:24.000Z","issue":"Unable to get your credit report or credit score","sub_product":"Credit reporting","zip_code":"92570","tags":null,"has_narrative":true,"complaint_id":"3282797","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2019-06-21T05:35:28.000Z","state":"CA","company_public_response":null,"sub_issue":"Other problem getting your report or credit score"},"highlight":{"complaint_what_happened":["customer service with no resolution, XXXX had made an executive <em>exception</em> to <em>allow</em> me to <em>apply</em> for the <em>construction</em> <em>loan</em> without the Equifax credit report Scenario 2 XX/XX/XXXX Called Equifax to request credit lift between the dates of XX/XX/XXXX XXXX XX/XX/XXXX XX/XX/XXXX XXXX XXXX was unable to view my credit file and instructed me to call the consumer validation line at Equifax at XXXX to verify all of the information I called the number to verify my information Equifax advised that the freeze"]},"sort":[21.488539,"3282797"]},{"_index":"complaint-public-v1","_id":"2264474","_score":15.593575,"_source":{"product":"Mortgage","complaint_what_happened":"Summary : the Allen Tate Mortgage has a promotion called its \" Best Rate Guarantee. '' This Promotion says that if Allen Tate Mortgage can not \" meet or beat your offer from another lender, we 'll give you {$500.00} after closing. '' I tried to use this promotion because I secured financing from another lender, which Allen Tate Mortgage could not meet or beat, and later ( after closing ) a representative of Allen Tate Mortgage said I did not qualify for the promotion. I asked for additional detail about why I did not qualify and received only a brief response with no follow-up ( which was promised ). I think this promotion is designed so that it never has to be honored, and do n't think that is allowed in North Carolina. \n\nMore Detail : My Allen Tate real estate ( buyer 's ) agent let me know about the Best Rate Guarantee and that is the primary reason I contacted Allen Tate Mortgage. I felt the Best Rate Guarantee was a good promotion : it gives Allen Tate Mortgage an opportunity to earn my business, and if they ca n't \" meet or beat '' my best offer from another mortgage company, they provide {$500.00}. During the home-buying process I kept Allen Tate Mortgage aware of any developments in my financing, and provided all documentation per the Best Rate Guarantee promotion. I closed on my new home on XXXX/XXXX/16. On XXXX/XXXX/16 I asked Allen Tate Mortgage to honor the terms of the Best Rate Guarantee ( which, as of this writing, is still advertised at XXXX ). I received this response : \" I apologize that I did not respond earlier. I had sent the request in and I can send you the wording on the Best Rate Guarantee offer. Because we do not offer that program, I am sorry but it does not qualify for the {$500.00}. If we had an investor that would do the VA loan according to your qualifications, the BRG would have applied. Due to the fact that we do n't, it is spelled out in the wording of the offering, that in your case it would not apply. I am so sorry. '' I asked for clarification, and did not receive a response. \n\nI researched the Best Rate Guarantee disclaimer provided on Allen Tate 's website ( since I did not get any additional detail from the Sr. Mortgage Consultant ). Per the following portion of the disclaimer : \" Best Rate Guarantee is available on all loan programs that Allen Tate Mortgage offers for home purchase, with the exception of ... '' I meet none of the exceptions ( i.e. my loan was not a Jumbo loan, it was not new construction, it was not a bank CRA loan, etc. ). I then researched loan programs and found that my loan program- a 30-year VA Loan- is both very common and also offered by Allen Tate Mortgage ( see XXXX ). Per the guarantee, I secured a loan from another mortgage company, which Allen Tate Mortgage could not \" meet or beat. '' This loan program ( VA Loan ) is offered by Allen Tate Mortgage. I also provided all required documentation for the Best Rate Guarantee. Allen Tate Mortgage apparently had a problem securing an investor for my potential loan- but that is not disclaimed on the promotion, and therefore should not be used to deny the benefits of the promotion. Unfortunately, it appears Allen Tate Mortgage can deny consumers the benefit of its Best Rate Guarantee promotion based on a very loose interpretation of the phrase \" loan programs '' in the disclaimer. If that is the case, Allen Tate Mortgage apparently never has to honor the terms of the promotion, all the while using it as a prominent feature of their marketing. \n\nThe Best Rate Guarantee can be found at XXXX","date_sent_to_company":"2016-12-27T17:25:13.000Z","issue":"Application, originator, mortgage broker","sub_product":"VA mortgage","zip_code":"273XX","tags":null,"has_narrative":true,"complaint_id":"2264474","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"Allen Tate Mortgage Services","date_received":"2016-12-27T17:25:12.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":null},"highlight":{"complaint_what_happened":["Per the following portion of the disclaimer : \" Best Rate Guarantee is available on all <em>loan</em> programs that Allen Tate Mortgage offers for home purchase, with the <em>exception</em> of ... '' I meet none of the <em>exceptions</em> ( i.e. my <em>loan</em> was not a Jumbo <em>loan</em>, it was not new <em>construction</em>, it was not a bank CRA <em>loan</em>, etc. ). I then researched <em>loan</em> programs and found that my <em>loan</em> program- a 30-year VA <em>Loan</em>- is both very common and also offered by Allen Tate Mortgage ( see XXXX )."]},"sort":[15.593575,"2264474"]},{"_index":"complaint-public-v1","_id":"3942832","_score":15.373792,"_source":{"product":"Mortgage","complaint_what_happened":"My wife and I used Highland Mortgage recently to purchase a home. We had a difficult time throughout the experience with communication, delays waiting on appraisal, etc. While this was aggravating, we understood the local market is extremely busy, covid has impacted every area of business and life, and we tried to be as patient as possible.The appraisal came back almost {$100000.00} low on our property, so we ordered another appraisal under the impression that it would be considered by Highland only to find out 2 weeks later when it came back sufficient for our deal that highland still wouldn't budge, which I understand however we wasted two weeks for nothing that created an emergency for us to create a backup plan to save the deal whereas to not lose our {$10000.00} deposit on the home. We decided to take the difference from an equity line on our then current home in order to have the closing funds required for the closing in just under two weeks at this point. \n\nOur biggest problem, and what I am seeking resolution for, is when we recieved our 3 day closing disclosure ( which was actually on wednesday evening for a friday morning closing so not 72 hours if that is a requirement ) it was incorrect. I pointed out to the Mortgage Agent, the Loan Processor, and the SVP for the region that my wife 's commission was not credited properly. My wife is an agent that sells new construction for a developer and her company allowed her to represent herself and apply her commission to the purchase price of the house. \n\nWhen I explained to them the math did not add up and her commission was not credited properly they assured me that the closing attorney would apply handle that in the final closing documents. Trusting the professionals I accepted this answer in faith that the issue would be handled in the final paperwork however the night before closing I am contacted by the closing attorney who was trying to figure out the same problem of how their numbers were not adding up. I again started trying to clarify this with my local contacts who could not help but the closing attorney had a contact inside Highland she was trying to get clarification from.\n\nIt wasn't until 75 minutes before our closing that I got a call from the closing attorney that she had finally received clarification from highland that the loan product we were using required us to bring a certain amount of cash to closing and therefore they did not apply my wife 's commission to the purchase price of the home as per the contract. This was never discussed or disclosed to us and highland had the contract in their possession for two months, why this was never resolved is beyond ridiculous and completely negligent. \n\nAt this point our only option was to default on closing and risk our XXXX deposit and losing the home in order to send it back to underwriting for correction, or have the commission paid to my wife through her company, which isn't permitted but they made an exception due to the emergency created by the situation. We elected in this case to go ahead and close and take the commission option in order to not lose our personal funds or destroy the deal the sellers had on the home they were attempting to purchase based on us closing as planned. The problem with this solution is we were forced to pay income taxes on the funds that should have instead reduced our home price.","date_sent_to_company":"2020-11-08T05:11:16.000Z","issue":"Closing on a mortgage","sub_product":"Conventional home mortgage","zip_code":"37064","tags":null,"has_narrative":true,"complaint_id":"3942832","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"HIGHLANDS RESIDENTIAL MORTGAGE","date_received":"2020-11-08T04:07:40.000Z","state":"TN","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["I pointed out to the Mortgage Agent, the <em>Loan</em> Processor, and the SVP for the region that my wife 's commission was not credited properly. My wife is an agent that sells new <em>construction</em> for a developer and her company <em>allowed</em> her to represent herself and <em>apply</em> her commission to the purchase price of the house."]},"sort":[15.373792,"3942832"]},{"_index":"complaint-public-v1","_id":"5817685","_score":8.375015,"_source":{"product":"Mortgage","complaint_what_happened":"XXXX XXXX- We started shopping around for Construction Loans, due to running out of funds from the HELOC we previously took out to build an inlaw for my sick mother and remodel our existing home. I got in touch with TD Bank among other ones and decided to go with them. \nXX/XX/XXXX, XXXX Started filling out the application I emailed XXXX XXXX to see what loan product I should chose because Construction Loan was not an option. \n-I was told by XXXX XXXX to choose Refinance and XXXX XXXX would then structure it as a Construction Loan. \nXX/XX/XXXX We received an email from XXXX XXXX @ XXXX stating that if we had any question about the application to reach out. Then we received another email form him @ XXXX with him saying I couldnt find you in our system. Can you remind me what you are looking for?. Then soon after that email, we received another from him @ XXXX saying that he reviewed the application, and that my husbands income alone the DTI is too high. ( I could apply because I am a 1099 employee and because of Covid I was not able to work. ) XX/XX/XXXX @ XXXX I asked if we could use a Co-signer XX/XX/XXXX @ XXXX XXXX XXXX responded , yes and that a co-signer would potentially work. He also asked how much income would be added by the cosigner. \nXX/XX/XXXX @ XXXX - I responded back the XXXX XXXX and let him know that it would add XXXX a month and that the credit score was over 800. \nXX/XX/XXXX @ XXXX XXXX XXXX So good, would any debt be add? \nXX/XX/XXXX @ XXXX I asked if we could hop on a call to get further understanding of what he was looking for. \nXX/XX/XXXX @ XXXX I let XXXX XXXX know that it would be my mom that would be co-signing and that she mentioned a student loan that was in a forgiveness program, I asked to hop on a call again and asked what are our options to bring my husbands DTI down. \nXX/XX/XXXX @ XXXX XXXX XXXX replies added your mom to the loan ( she did not state her name she said mom, so unprofessional and discriminatory I was not liking that at all. ) XX/XX/XXXX @ XXXX ( there must have been phone call before this ) XXXX XXXX confirms that paying off one of our 2 leases would not work to lower my husbands DTI . \nXX/XX/XXXX @ XXXX I sent over my mothers information. \nXX/XX/XXXX @ XXXX XXXX XXXX added my mom ( he used her name in the email ), that the DTI was still tight, but he thinks we can make it work. Then asked if we could provide the Builder Contract, Plans and Specs and Budget. \nXX/XX/XXXX @ XXXX I was still working with my contractor get over cost worksheet provided by TD Bank and I asked how soon I need to have the paperwork in by. \nXX/XX/XXXX @ XXXX XXXX XXXX XXXX can get the ball rolling as soon as info is recorded. \nXX/XX/XXXX @ XXXX I wrote I was finally able to get everything I needed from the contractor. Please if you have any questions give me a call XXXX. Also some of the items quoted have already been paid for, thanks a bunch! \nXX/XX/XXXX @ XXXX XXXX XXXX Congrats again on your renovation. \n\nI wanted to detail for you the next steps of this process with TD Bank. XXXX, XXXX and XXXX will be working together to make sure your closing goes smoothly! \n\n1. I would like to introduce XXXX XXXX. She works on my team and she needs to have a XXXX minute phone call with you this week to confirm some details. She will be reaching out to schedule a call after she reviews your file. \n2. In preparation for your call, please gather the following information a. Credit card number for Appraisal order ( XXXX will take this over the phone ) b. Last 2 Year 's W-2s c. Last 2 months paystubs d. Last 2 months bank statements e. E-consent PRIOR to your phone call. An email was just sent out. Authorization code is last 4 of your social.\n\nWe look forward to making this a smooth and stress free transaction for you. Thank you for your business!! \n\nXX/XX/XXXX @ XXXX XXXX XXXX emails all of us and say I am free anytime after noon on Monday. Or if Monday doesn't work for you, I am free any time after XXXX on Tuesday. \nPlease let me know the best time and number to reach you. I only need to speak with one of you but if more would like to be on the phone, that is fine too. \n\nThank you! \n\n( We all respond our best times that very day ) XX/XX/XXXX @ XXXX XXXX XXXX XXXX! I will put you down for XXXX on Monday. Confirm the best number to call and I will call you then! \n\nXX/XX/XXXX @ XXXX XXXX XXXX sends a reminder/confirmation email for our call @ XXXX XX/XX/XXXX @ XXXX I replied Great, thank you so much XX/XX/XXXX @ XXXX XXXX XXXX Thanks us for the call and sends a list of items needed XX/XX/XXXX @ XXXX I send over the first of many attachments and then @ XXXX I send the rest of the attachments XX/XX/XXXX @ XXXX XXXX XXXX confirms that she as received them. \nXX/XX/XXXX @ XXXX XXXX XXXX confirms receipt again and send a list this time of remaining items needed. \nXX/XX/XXXX @ XXXX I send over the remaining items and in a separate email @ XXXX I send over our house plans ( it is a big file ) XX/XX/XXXX @ XXXX XXXX XXXX confirms receipt and says that she will initiate contact with the Title agent.\n\n( We were call inbetween this time to get updates to see if they needed anything else from us ) XX/XX/XXXX @ XXXX XXXX XXXX- According to my list, the only items I am missing for the file are the Plans and Specs. Once received, I can move the file to the next phase. \nThank you, ( XXXX XXXX confirmed that she received them and the other items on XX/XX/XXXX @ XXXX ) XX/XX/XXXX @ XXXX, XXXX and @ XXXX I try to send the house plans XX/XX/XXXX @ XXXX My husband tries to send the house plans also XX/XX/XXXX @ XXXX XXXX XXXX- Ok, I am getting notifications that you are trying to send it but it is too large. Do you have the ability to upload to the portal or compress the file? \nXX/XX/XXXX @ XXXX My husband tries to send the house plans again. \nXX/XX/XXXX @ XXXX XXXX XXXX Can you compress the file or split it up? \nXX/XX/XXXX @ XXXX My husband tried to send it again. \nXX/XX/XXXX @ XXXX XXXX XXXX Perfect! Thank you! ( she finally received them ) ( Phone calls were made in-between here ) XX/XX/XXXX XXXX XXXX XXXX XXXX Can you please update/correct the cost worksheet? Its showing a cost of XXXX and its supposed to match the contract price. ( this was sent to our contractor, this is the cost worksheet that she previously stated on XX/XX/XXXX that was received ) ( Calls made to see how we were looking for closing because as far as we were told everything was in Closing was originally set for XX/XX/XXXX ) XX/XX/XXXX @ XXXX XXXX XXXX XXXX We received feedback from Underwriting that we need to clear up two items before moving forward. \n\n1. XXXXplease verify your rent amount for XXXX XXXX XXXX XXXX along with a copy of the lease agreement 2. XXXXplease provide documentation to evidence your federal student loan payment once its out of deferment. Your credit report currently doesnt reflect a student loan payment probably because of the force placed forbearance but we need to know what the payment will be once the government forbearance is lifted. \n\nXX/XX/XXXX @ XXXX I emailed back Hey XXXX XXXX Here are the two attached documents as requested. Thanks a bunch, please let us know if you need anything further from us. \n\nXX/XX/XXXX @ XXXX XXXX XXXX Received and reviewed these items. Lease is fine. For the student loan documentation, I will need more. Because the letter provided sattes the following, \" The account is currently on a National Emergency Forbearance through XX/XX/XXXX. Repayment will begin XX/XX/XXXX. '' We need to know what this payment will be so you may need to contact XXXX XXXX for them to generate another document for you. According to the letter it may be on an income driven repayment plan. \n\n( Spoke to XXXX XXXX on the phone about this. Then called customer service and a local branch to get help and to further escalate. They gave me XXXX XXXX information he is a XXXX XXXX. ) ( I also called XXXX XXXX to make sure it was ok to continue construction while we were in the process, being a XXXX XXXX XXXX, I know big purchases are a no no ) XX/XX/XXXX @ XXXX XXXX XXXX I ran your scenario by XXXX and she said as long as it is part of the cost to construct, we should be able to credit it to her. If the builder is asking above that, then we would not. '' So if its work/cost as a part of your contract then yes, we would be able to credit this to you. \n\nXX/XX/XXXX @ XXXX I emailed Thank you, so to confirm it is ok to use the HELOC to make the payment? \nXX/XX/XXXX @ XXXX XXXX XXXX XXXX Correct. \nXX/XX/XXXX @ XXXX I emailed back, Thanks so much. \n\n( Calls made to the Staff to see how closing is looking ) XX/XX/XXXX @ XXXX I emailed, Hi XXXX, XXXX this email finds you well. Just checking in to see if we are still on for closing XX/XX/XXXX and also if the appraisal has been completed. \n\nXX/XX/XXXX @ XXXX XXXX XXXX Hello XXXX, Thank you for reaching out. I have received an update from Underwriting and we will have to push out the closing date from XXXX since we are still running into challenges with our Debt to Income ratio. We are at about a 47 % and we need to be at 43 %. \n\nPreviously, XXXX provided documentation to evidence a {$0.00} payment for the student loan. However, on that same document, it states the repayment will go into XX/XX/XXXX. For that reason, the Underwriter can not make this a {$0.00} payment and we have to hit you with a worst case payment of 1 % of the balance. Unless we have other documentation to show that this will remain in deferred status for more than 12 months. \n\nWe could look at paying off some additional debts in order to qualify. We could pay off under XXXX, the XXXX XXXX and XXXX XXXX XXXX card. Then payoff XXXX 's XXXX and that would get our DTI right under 45 % If we're under 45 % we can ask for an exception. We could collect the payoffs at closing so you dont have to pay them off prior to.\n\nPlease let me know if this is a n option.\n\n( I immediately called her because I did not understand why Underwriting were still considering worst case when the worst case is a {$0.00} payment, also why would we pay $ XXXX cash at closing to pay off credit card debt, when it could all be wrapped up in the loan. I was so confused on what changed. ) XXXX XXXX @ XXXX My husband emailed and asked Ok how much do we have to pay out of pocket to get it down? \n\n\nXX/XX/XXXX @ XXXX I emailed Hello XXXX, I am not sure I understand what you mean about the 1 % her payment no matter what is going to remain {$0.00}. Maybe we can hop on a call? As far as paying off some debt that is an option as well. Please let me know when you have time to talk. \n\n( XXXX and I spoke about getting another letter and what else we could do to pay off the debts i.e. have the debt paid off through the loan at closing. We didnt have that type of cash laying around and wouldnt the bank rather us pay through the loan rather then using so much cash. It didnt make sense it is like we were being pushed between rock and a hard place. ) XX/XX/XXXX @ XXXX My mother emails over a third letter to XXXX to submit to underwriting. \n( I called and spoke with XXXX, she said that this last letter looked good, better then the other to that were submitted and that it should be a go. ) XX/XX/XXXX @ XXXX XXXX XXXX So I received feedback from the Underwriter regarding the student loan and he will not make the change. \n\nIt is TD 's policy that any deferred loans, we have to include a payment of 1 % of the outstanding balance to qualify. We have to hit you with a worst case since the credit report itself isn't reporting an amount. Underwriting will not allow for the exception to use the {$0.00} payment as evidenced on your letter. I know this is not the answer we were hoping for. \n\nWe do have the alternative/counteroffer to offer of paying off the 3 credit cards I previously mentioned ( XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX ) and XXXX under XXXX ) at the time of closing in order to get our ratios back in line to where they need to be. \n\nYou guys can discuss it and then let me know how you would like to move forward. Or if you have any questions, we can schedule a call at your earliest convenience HERE. This link will allow you to sign up for a time on my calendar and I will call you at that chosen time. \n\n\nXX/XX/XXXX @ XXXX I replied Hi XXXX XXXX Thanks for getting back to us, at this point there is really nothing else that we can do other than to go with the next option and have the credit cards paid off at closing. We need keep the project moving and have to close as soon as possible. With that said, we are all fine with paying those debts off. Please let me know next steps and when closing will be scheduled. \n\nXX/XX/XXXX @ XXXX XXXX XXXX Hello XXXX, I have notified your processor XXXX and the Underwriter of the plan to pay off the additional debts. This will be sent back and reviewed by the Underwriter to make sure these are acceptable terms. \n\nThe Appraisal is still outstanding so we wont be able to schedule a closing until we have one on file. \n\nXX/XX/XXXX @ XXXX I emailed Hello, Just want to confirm if Underwriting is aware of us paying off the debts at closing and if so how is everything looking moving forward? Again, thank you all for all your efforts, we really appreciate everything youre doing for us. \n\nXX/XX/XXXX @ XXXX I emailed again Good morning all, Just checking in to see where we stand on paying off debts at closing and off the appraisal is in? \nThanks a bunch! \n\nXX/XX/XXXX @ XXXX XXXX XXXX Your file remains in the Underwriters queue for review. But good news the appraisal is in and a value of $ XXXX. See attached. \n( Our house should have been appraised for higher, being an experienced agent, we should have been over {$1.00} million dollars. I looked at the appraisal report and it didnt look right to me so I tried reaching out to the appraiser. I met her the day she came out to look at my home ( which is a new build at this point ). I called and got the owner he was IRATE that I called and very defensive and told me that it was against the law for me to call there and he was so upset and said he would still answer my questions. I apologized and explained that I thought it was ok since my and the appraiser spoke plenty of times before on the phone and met in person, I didnt mean to upset him. ) XX/XX/XXXX @ XXXX I emailed That is great news how ever the bathroom count is incorrect there are XXXX baths and Im not sure she included the finished attic space. How do we get this fixed? \n\nXX/XX/XXXX XXXX XXXX XXXX emails XXXX XXXX XXXX advise. \n\n\nXX/XX/XXXX @ XXXX I sent an email apologizing to everyone I am just going to apologize to everyone, I called what I thought was the appraiser because she called me a few days ago to ask some questions. I thought it was ok to try to reach back to her to see if she was aware of the 4th bathroom. The owner actually answered the phone and by his tone he was pretty upset with me for calling, however I do want to make it clear that I didnt mean any harm and thought it was ok to call only because she called me with a few questions a few days ago. \n\nXX/XX/XXXX @ XXXX XXXX XXXX I will review; and, advise ; but I think I received a change after the appraiser was told that all was set. \n\nXX/XX/XXXX @ XXXX I emailed Thanks so much I really appreciate everything you all are doing for me and my family. \n\nXX/XX/XXXX @ XXXX XXXX XXXX Good Morning! \nWe haven't received any updates from our appraisal team ; so, I don't think that this has created any kind of negative feedback from the appraiser.\n\nWe did receive the appraisal ; and, I have sent that to you under separate email cover.\n\nYour loan is currently pending review in underwriting.\n\nWe will update you once the file has been returned to us. \n\nAppreciated! \n\nXX/XX/XXXX @ XXXX I said Thanks a Bunch! \n\nXX/XX/XXXX @ XXXX XXXX email Good morning everyone, Just checking in, any word on closing? \nThanks so much! \n\nXX/XX/XXXX @ XXXX XXXX XXXX Your file remains in the Underwriting queue for additional review. They still have to review and sign off that paying off the additional debt at closing will resolve our Debt to Income ratio challenge. \n\nOnce the file is out, we should have a better idea how quickly we can progress after that. \n\nXX/XX/XXXX @ XXXX I emailed Ok great sounds good, thanks for the update! \n\n\n\n\n\n\n\n\nXX/XX/XXXX XXXX XXXX XXXX We received feedback from the Underwriter. Upon his review, he is counter offering the loan for the following : This loan has been sent for a counter offer to new loan amount {$580000.00} and the following debts to be paid in full at closing : ( X ) The XXXX XXXX ENDING XXXX, ( X ) XXXXXXXX XXXX XXXX, ( X ) XXXXXXXX XXXX  XXXX, ( X ) XXXX XXXX XXXX in order to bring Debt to income below 43 %. \n\nPlease confirm if you accept the counteroffer terms. \n\nXX/XX/XXXX @ XXXX I emailed Is that after the HELOC and 1st Mortgage is paid? \n\nXX/XX/XXXX @ XXXX XXXX XXXX Yes. Those are already included as to be paid off. \n\n( Phone call to XXXX to explain if the credit cards will be paid through the loan at closing ) XX/XX/XXXX XXXX XXXX XXXX The additional bathroom is reflected in the room below grade count. \nCredit for square footage on the appraisal is XXXX ; which seems to be in line with the specifications provided. \n\nHope this helps clarify, XX/XX/XXXX @ XXXX I emailed Thanks XXXX XXXX that definitely helps. \n\nXX/XX/XXXX @ XXXX XXXX XXXX Awesome thanks XXXX XXXX \n\nXX/XX/XXXX @ XXXX My husband emailed I got a merit increase this morning. Can you please add it to our file and let the underwriter know since it could help our application? \nPlease let me know if you need anything else. \n\nXX/XX/XXXX @ XXXX XXXX XXXX Received and added to the file. Thank you! \n\nXX/XX/XXXX @ XXXX My husband replied Thank you XX/XX/XXXX @ XXXX I emailed Hi XXXX, Hope all is well, I called and left you a voicemail. Since we are moving into the weekend, I wanted to check to see if there were any updates and if there is anything else needed from us. \n\nThanks a bunch! \n\n\n( I had spoken to XXXX XXXX ( XXXX XXXX XXXX ) on the phone about the 1 % worst case and how XXXX was saying that we would have to come out of pocket over {$50000.00} to pay off credit card debt. He was confused on why they would consider the worst case if we have a letter stating that it is {$0.00} payment. He was also confused on why she would expect us to come out of our pocket over {$50000.00} instead of wrapping everything in the loan. He agreed that it would be better to pay it over the course of XXXX. ) XX/XX/XXXX @ XXXX XXXX XXXX Sorry I missed your call! We actually just heard back form the Underwriter a little bit ago. \nGood news, upon the review of the {$0.00} payment for the student loan and XXXX 's merit increase, our DTI is back under 43 % with the original loan amount of {$640000.00}. \n@ XXXX, XXXX A can you please share what w are down to for the file? now that we dont have to do the payoffs anymore. \n\n\nXX/XX/XXXX @ XXXX I emailed That is great news, does this mean we have a closing date? \n\nXX/XX/XXXX XXXX XXXX XXXX Not yet. I've asked your processor, XXXX, to review the remainder of the file to see what is still outstanding. Looks like the builder might owe us a few things. \n\nXX/XX/XXXX @ XXXX I emailed Are you referring to the builder risk insurance policy? I did ask about that on XX/XX/XXXX. The builders insurance company said since he doesnt own the property that would be something that is covered by us. I never got an answer on that. Would it be possible to get the items needed to me that way I can get them this weekend? Everything else that was requested has been submitted, thats the only thing I can think of that was in question. \nThanks a bunch! \n\nXX/XX/XXXX @ XXXX XXXX XXXX I've asked XXXX to review and advise at her earliest opportunity but I am not sure that update will be today. She is working some files in order. \nRegarding the Builder 's Risk piece, you would have to obtain a Builder 's Risk policy and we need a copy of it. the effective date for the Builder 's risk would have to match our closing date. we dont have a definitive closing date yet but the estimated date of XX/XX/XXXX is entered into our system. \n\nXX/XX/XXXX @ XXXX I emailed So we the home owners would have to request that from our insurance agency when we have a better idea for closing? Or should we do that now? Im hoping that we do not have to wait another 2 weeks to close, XXXX was told 2nd or 3rd week of XXXX. Please understand our frustrations at this point, this has been a roller coaster ride XX/XX/XXXX @ XXXX XXXX XXXX You can start the process of them drafting your Builder 's Risk. They could at least give you a quote until we have a firm closing date. \n\nXX/XX/XXXX @ XXXX I emailed Sounds good thank you! \n\nXX/XX/XXXX @ XXXX XXXX XXXX Good Evening!\n\nCongratulations on your conditional loan approval! \n\nI will be working with XXXX to assist in moving your loan application to closing. \n\nThis email will serve to breakdown information needed of yourselves to complete your credit package. \n\nI have emailed your builder for items needed of them. I do want to point out two possible issues here. I am unable to document that XXXX XXXX is currently a licensed General Contractor in the state of RI ( their business location ) ; or, MA licensing portal ( property location ) ; and, it appears that they filed their organization documents in RI XX/XX/XXXX ( does not meet our XXXX history requirement ). I will update you once we hear back from them as to these issues. \n\nI have also reached out to your settlement agent ( Law Offices of XXXX XXXX XXXX, PC ) with regards to the status of your title work. \n\nI have noted the following discrepancies with regards to the cost to build : o Cost worksheet in file dated XX/XX/XXXX that reflects {$550000.00} ; but, has not been signed/dated by the borrowers o There are 2 invoices in this file both dated XX/XX/XXXX with the following figure totals ( {$550000.00} & {$620000.00} ) o Contract states a construction total of {$250000.00} Please provide an addendum/revised contract section 2 that represents the correct construction contract total ( must agree with the cost worksheet ) I have also sent these notes to the builder. Please work with them to resolve these issues ; and, firmly cement the cost to build for this project.\n\nI will be able to provide a more definitive asset update once I have the above numbers finalized ; but, do want to address checks found in this file that appear to be gifts. Please see the below observations ; and, advise so that I can provide you with more specific instructions ( if needed ). \n\nThere are several checks found in the file that indicate potential gift funds ( XXXX XXXX  noted ; and, owner is XXXX XXXX XXXX XXXX ) I am attaching a gift letter just in case o {$29000.00} to XXXX XXXX on XX/XX/XXXX need a gift letter ; and, invoice o {$750.00} to XXXX XXXX for electric on XX/XX/XXXX ( subcontractor not listed on the cost worksheet ) provide a copy of the invoice/evidence that this is the electrical contractor ( added to the cost worksheet ) o {$22000.00} to XXXX XXXX  on XX/XX/XXXX ( nothing listed on the cost worksheet under this category ) unable to give credit for this as there is no itemization noted on the cost worksheet for concrete work Other requirements noted are as follows : Provide a written explanation of the following inquiries noted on your credit report including if any credit was established : XXXX XX/XX/XXXX. If credit was established, please provide a statement showing the current balance and payment. email reply is acceptable Please provide most recent mortgage statement \" no older than 30 days from Closing '' verifying no late payments within 30 days of closing date ( XXXX ) showing due for the XX/XX/XXXX payment XXXX-provide a written statement from your landlord documenting your rent amount and the most recent 12-month payment history. \nXXXXProvide a letter explaining the reason your income decreased from XXXX ( {$46000.00} ) to XXXX ( {$36000.00} ) for XXXX INNOCENT with XXXX XXXX. email reply acceptable XXXX -PROVIDE XXXX TAX RETURNS ( to gross up Social Security income ) Provide signature pages of all tax returns for both borrowers ( first 2 pages ) Please plan to address these items no later than Friday, XX/XX/XXXX. You may reply by email for some ; and, upload the others to the document portal.\n\nPlease let us know if you have any questions. \n\nAppreciated! \n\n( A call was place to XXXX for more info, we were now feeling like we were not being taken seriously, first they had al the builders information back in XXXX when requested and no one ever once said anything about needing to be licensed in the state of Massachusetts and for at least 2 years. We had at that moment found that out through XXXX after being dragged around this entire process. It is like they were finding any reason the to give us the loan. The closer we got to XX/XX/XXXX our original closing date, the more they pushed back and found everything under the sun to provent it from happening. In this email right here XXXX XXXX is making up the fact the my husbands father gifted us money. He is not even part of this loan. She assumed that because I had my mother co-signing that his father was helping too? It is like they were coming up with anything to prevent us from getting he loan. Or any information regarding the product. ) XX/XX/XXXX @ XXXX husband replies Thank you for the update. I have a couple clarifying questions about the gift letter, all the checks were written for labor and materials for the project they were not gifts. \n\nXX/XX/XXXX @ XXXX I also replied Im think there is some confusion here, there is no father on this loan application. Those funds came out of XXXX and Is HELOC account, which is going to be paid off through the loan at closing. \n\nXX/XX/XXXX XXXX XXXX XXXX Builder 's risk requirements : Borrower 's full name Borrower 's full property address Loan number Premium amount Must be paid prior to or at closing.\n\no If borrower paid, we need a paid receipt or invoice to collect at closing. \no If builder paid, we need proof the premium has been paid, the policy is in effect and the policy number. We do not have to know the premium amount. \no If we can't get the builder paid XXXX premium amount the borrower can provide a post construction HOI quote and that will be used for DTI purposes. Coverage will need to be based on the estimated cost new on appraisal.\n\nDeductible Coverage dates effective one-year policy and dates must be on or before the expected closing date Coverage amount At least the loan amount/cost to build ( as of mm email dated XXXX ) Evidence of wind and hail coverage only applicable if subject property is in NC/SC/FL Must state somewhere on the certificate/declarations page that it is a builder 's risk policy or that the property is under construction. If it states \" Under Construction '' it also needs to specify that they cover the contractor 's equipment and materials as well as the house while under construction. \nTD Mortgagee Clause : TD Bank, NA XXXX XXXX XXXX XXXX XXXX, OH XXXX XX/XX/XXXX @ XXXX My mother emailed her paperwork and replied Please find attached my signed taxed for XXXX. Also attached is my rental ledger for the year confirming what I paid. \n\n( We were on the phone back and forth with XXXX XXXX trying to correct the our builders license situation, we were able to find a licensed builder through him and submit his paperwork quickly to qualify for the loan. We were also advised by XXXX to not change anything in the previous contract and that everything needed to remain the same, so we didnt have to repeat the process. ) XX/XX/XXXX @ XXXX My mother emailed I have submitted my taxes information last week. I also explained the my pay decreased because I work XXXX per week, not XXXX, as I did before. I will resubmit my taxes again. Thank you, XX/XX/XXXX @ XXXX My husband replied I just uploaded the paper work you needed from XXXX XXXX XXXX XXXX let us know if you need anything else. \nXX/XX/XXXX @ XXXX XXXX XXXX Thanks! I'll take a look ; and, let you know. \n( At this point we have been on contact with XXXX by phone and she was explaining to us that at this time out rate lock would be expiring the following Tuesday and that we she would let XXXX XXXX know and that we should contact her that day to ensure to put in for a rate lock extension and that there would be a fee. I immediately told her that I would not be paying that fee because we were very prompt in getting our paperwork in and that most of the delays could have been prevented on their end. ) XX/XX/XXXX @ XXXX I emailed I hope you had a great long weekend, per our conversations with XXXX our rate lock is expiring today and we would need to do an extension, can you help us with that please? \nThanks so much! \n\n\nXX/XX/XXXX @ XXXX XXXX XXXX Yes, I will be extending and will let you know once it is completed. \nThank you, XX/XX/XXXX @ XXXX XXXX XXXX XXXX rate lock has been extended. \n\nXX/XX/XXXX @ XXXX My husband Good afternoon, I just wanted to check back in before the weekend to see if you '' ll got all the forms you needed and if there was an update on a closing date? \n\nXX/XX/XXXX @ XXXX XXXX XXXX XXXX Thank you for your email. At this time, it looks like we are still waiting on the title work to come back and I dont think I saw the below from XXXX XXXX last email : Here is a list of items needed from your new GC : Copy of MA GC license Evidence GC has been in this line of business for 2+ years ( may reflect on the license ) Completed/Signed/Dated XXXX Certificate of Liability to include : o Description of Operations to reflect : XXXX XXXX XXXX XXXX XXXX, XXXX, MA XXXX # XXXX o Certificate Holder to reflect : XXXX. Bank, XXXX, XXXX, XXXX XXXX XXXX, XXXX, OH XXXX Evidence of Workman 's Comp insurance ; or, evidence of exemption Have those been sent? \n\nXX/XX/XXXX @ XXXX I emailed- Yes they have all been submitted last Thursday I believe. The title work should have been in I spoke to the attorneys almost 2 weeks ago and they said that the title work was never originally ordered back in XXXX and that it would only take a few days to come in and it has been well over a few days. Please let us know if youd like for us to reach out to them. Thanks a bunch! \n\n( Title was never ordered as they said back in XXXX per the Closing Attorney, which is another delay by the bank. ) XX/XX/XXXX @ XXXX XXXX XXXX Looking back on my emails the last email I have from XXXX at the title company is from XX/XX/XXXX. She asked XXXX for owner of record information and we havent r","date_sent_to_company":"2022-07-27T18:27:31.000Z","issue":"Closing on a mortgage","sub_product":"Other type of mortgage","zip_code":"023XX","tags":null,"has_narrative":true,"complaint_id":"5817685","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TD BANK US HOLDING COMPANY","date_received":"2022-07-27T17:50:37.000Z","state":"MA","company_public_response":null,"sub_issue":null},"highlight":{"complaint_what_happened":["XXXX XXXX- We started shopping around for <em>Construction</em> <em>Loans</em>, due to running out of funds from the HELOC we previously took out to build an inlaw for my sick mother and remodel our existing home. I got in touch with TD Bank among other ones and decided to go with them. \nXX/XX/XXXX, XXXX Started filling out the application I emailed XXXX XXXX to see what <em>loan</em> product I should chose because <em>Construction</em> <em>Loan</em> was not an option."]},"sort":[8.375015,"5817685"]},{"_index":"complaint-public-v1","_id":"8733130","_score":6.6590657,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I have contacted Equifax and XXXX XXXX before requesting the removal of certain records on my report. Per Privacy Act of 1974 ( 5 U.S. Code 552a ) ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; This includes consumer reports. \n( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.\n\nAnd 15 U.S. Code 1681 - Congressional findings and statement of purpose a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 4 ) 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. \n\nI have not provided any written requests to share my information with any other agency. Thus, XXXX is violating these laws. \n\nIn addition to the laws referenced, per 15 U.S. Code 1681a - Definitions ; rules of construction, a \" consumer '' is defined as an individual, and a \" person '' is defined as any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. A \" consumer report '' is denied as any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.\n\nThe \" consumer report '' does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. As you may very well see, in two different laws and codes, transaction history reporting is ILLEGAL, therefore I am requesting the removal of all balance amounts from all accounts on my report. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 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.\n\nThey 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.\n\nI have not provided any written instructions to any consumer reporting agency.\n\n15 U.S. Code 1681c - Requirements relating to information contained in consumer reports Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.\n\nNo adverse item besides the conviction of crimes should be on your report any item that is a derogatory mark is not allowed into consumer reports this is another violation Please remove : XXXX XXXX XXXX XXXX XXXX XXXX Also, please remove all STUDENT LOAN information as per the Family Educational Rights and Privacy Act ( FERPA ) The Family Educational Rights and Privacy Act ( FERPA ) is a federal law enacted in1974 that protects the privacy of student education records. FERPA applies to any public or private elementary, secondary, or post-secondary school. 20 USC 1232g ( b ) Release of education records ; parental consent requirement ; exceptions ; compliance with judicial orders and subpoenas ; audit and evaluation of federally-supported education programs ; recordkeeping : ( XXXX ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records ( or personally identifiable information contained therein other than directory information, as defined in paragraph ( XXXX ) of subsection ( a ) ) of students without the written consent of their parents to any individual, agency, or organization. \n\nIn addition to the above, 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.\n\n( 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.\n\nBy violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title.\n\nIf you fail to comply : 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 ; AND 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. \n( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. \n\nI request that Equifax and XXXX take care of this matter as quickly as possible. No law states we have to wait 30 days to update the report. \n\nI have uploaded a copy with my report showing XXXX and Equifax to reference what was written.","date_sent_to_company":"2024-04-09T19:53:06.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"335XX","tags":null,"has_narrative":true,"complaint_id":"8733130","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-04-09T19:11:17.000Z","state":"FL","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["No adverse item besides the conviction of crimes should be on your report any item that is a derogatory mark is not <em>allowed</em> into consumer reports this is another violation Please remove : XXXX XXXX XXXX XXXX XXXX XXXX Also, please remove all STUDENT <em>LOAN</em> information as per the Family Educational Rights and Privacy Act ( FERPA ) The Family Educational Rights and Privacy Act ( FERPA ) is a federal law enacted in1974 that protects the privacy of student education records."]},"sort":[6.6590657,"8733130"]},{"_index":"complaint-public-v1","_id":"8735604","_score":6.651515,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I have contacted XXXX and Trans Union before requesting the removal of certain records on my report. Per Privacy Act of 1974 ( 5 U.S. Code 552a ) ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; This includes consumer reports.\n\n( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.\n\nAnd 15 U.S. Code 1681 - Congressional findings and statement of purpose a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 4 ) 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.\n\nI have not provided any written requests to share my information with any other agency. Thus, Experian is violating these laws.\n\nIn addition to the laws referenced, per 15 U.S. Code 1681a - Definitions ; rules of construction, a \" consumer '' is defined as an individual, and a \" person '' is defined as any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. A \" consumer report '' is denied as any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.\n\nThe \" consumer report '' does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. As you may very well see, in two different laws and codes, transaction history reporting is ILLEGAL, therefore I am requesting the removal of all balance amounts from all accounts on my report. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX 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.\n\nThey 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.\n\nI have not provided any written instructions to any consumer reporting agency.\n\n15 U.S. Code 1681c - Requirements relating to information contained in consumer reports Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. \nNo adverse item besides the conviction of crimes should be on your report any item that is a derogatory mark is not allowed into consumer reports this is another violation Please remove : XXXX XXXX XXXX XXXX XXXX  XXXX XXXX, please remove all STUDENT LOAN information as per the Family Educational Rights and Privacy Act ( FERPA ) The Family Educational Rights and Privacy Act ( FERPA ) is a federal law enacted in1974 that protects the privacy of student education records. FERPA applies to any public or private elementary, secondary, or post-secondary school. 20 USC 1232g ( b ) Release of education records ; parental consent requirement ; exceptions ; compliance with judicial orders and subpoenas ; audit and evaluation of federally-supported education programs ; recordkeeping : ( 1 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records ( or personally identifiable information contained therein other than directory information, as defined in paragraph ( 5 ) of subsection ( a ) ) of students without the written consent of their parents to any individual, agency, or organization.\n\nIn addition to the above, 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.\n\n( 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.\n\nBy violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title.\n\nIf you fail to comply : 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 ; AND 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.\n\n( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. \n\nI request that XXXX and TransUnion take care of this matter as quickly as possible. No law states we have to wait 30 days to update the report. \n\nI have uploaded a copy with my report showing TransUnion and XXXX to reference what was written.","date_sent_to_company":"2024-04-09T19:53:17.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"335XX","tags":null,"has_narrative":true,"complaint_id":"8735604","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-04-09T19:53:16.000Z","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":["No adverse item besides the conviction of crimes should be on your report any item that is a derogatory mark is not <em>allowed</em> into consumer reports this is another violation Please remove : XXXX XXXX XXXX XXXX XXXX  XXXX XXXX, please remove all STUDENT <em>LOAN</em> information as per the Family Educational Rights and Privacy Act ( FERPA ) The Family Educational Rights and Privacy Act ( FERPA ) is a federal law enacted in1974 that protects the privacy of student education records."]},"sort":[6.651515,"8735604"]},{"_index":"complaint-public-v1","_id":"8735986","_score":6.6463904,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I have contacted Experian before requesting the removal of certain records on my report. Per Privacy Act of 1974 ( 5 U.S. Code 552a ) ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; This includes consumer reports.\n\n( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.\n\nAnd 15 U.S. Code 1681 - Congressional findings and statement of purpose a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 4 ) 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.\n\nI have not provided any written requests to share my information with any other agency. Thus, Experian is violating these laws.\n\nIn addition to the laws referenced, per 15 U.S. Code 1681a - Definitions ; rules of construction, a \" consumer '' is defined as an individual, and a \" person '' is defined as any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity. A \" consumer report '' is denied as any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title. \nThe \" consumer report '' does not include ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report. As you may very well see, in two different laws and codes, transaction history reporting is ILLEGAL, therefore I am requesting the removal of all balance amounts from all accounts on my report. \n\nXXXX : XXXX XXXX : XXXX XXXX : XXXX BANK : XXXX XXXX BANK XXXX XXXX XXXX : XXXX  : XXXX XXXX XXXX XXXXXXXX O : XXXX  XXXX XXXX  CARD JPMCB CARD 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. \nThey 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. \n\nI have not provided any written instructions to any consumer reporting agency. \n\n15 U.S. Code 1681c - Requirements relating to information contained in consumer reports Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.\n\nNo adverse item besides the conviction of crimes should be on your report any item that is a derogatory mark is not allowed into consumer reports this is another violation Please remove : XXXX Also, please remove all XXXX  LOAN information as per the Family Educational Rights and Privacy Act ( FERPA ) The Family Educational Rights and Privacy Act ( FERPA ) XXXX a federal law enacted XXXX that protects the privacy of student education records. FERPA applies to any public or private elementary, secondary, or post-secondary school. 20 USC 1232g ( b ) Release of education records ; parental consent requirement ; exceptions ; compliance with judicial orders and subpoenas ; audit and evaluation of federally-supported education programs ; recordkeeping : ( 1 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records ( or personally identifiable information contained therein other than directory information, as defined in paragraph ( 5 ) of subsection ( a ) ) of students without the written consent of their parents to any individual, agency, or organization.\n\nIn addition to the above, 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.\n\n( 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.\n\nBy violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title.\n\nIf you fail to comply : 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 ; AND 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. \n( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate. \n\nI request that Experian take care of this matter as quickly as possible. No law states we have to wait 30 days to update the report. \n\nI have uploaded a copy with my report from Experian with highlighted sections to reference what was written.","date_sent_to_company":"2024-04-09T19:09:41.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"335XX","tags":null,"has_narrative":true,"complaint_id":"8735986","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-04-09T18:14:46.000Z","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":["No adverse item besides the conviction of crimes should be on your report any item that is a derogatory mark is not <em>allowed</em> into consumer reports this is another violation Please remove : XXXX Also, please remove all XXXX  <em>LOAN</em> information as per the Family Educational Rights and Privacy Act ( FERPA ) The Family Educational Rights and Privacy Act ( FERPA ) XXXX a federal law enacted XXXX that protects the privacy of student education records."]},"sort":[6.6463904,"8735986"]},{"_index":"complaint-public-v1","_id":"8868174","_score":6.53028,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX XXXXXXXX I HAVE SENT THIS COMPANY A CEASE AND DESIST THIS COMPANY HAS REFUSED TO ADHERE TO THE FEDERAL GUIDE LINES BY IGNORING MY REQUEST IN MY ATTEMPTS TO RESOLVE THIS MATTER THE COMPANY HAS ALSO BEEN FOUND TO IMPOSE AS A COLLECTION AGENCY WHEN IT IS LISTED THAT THIS COMPANY IS NOT LEGALLY BINDED AND OR INSURED TO COLLECT IN THE STATE OF CALIFORNIA. PLEASE HAVE THIS COMPANY CEASE ALL COLLECTION ACTIVITIES THIS IS MY LAST ATTEMT TO COMPLAIN OUTSIDE OF COURT. \n\n15 U.S. Code 1638 - Transactions other than under an open end credit plan ( a ) Required disclosures by creditor For each consumer credit transaction other than under an open end credit plan, the creditor shall disclose each of the following items, to the extent applicable : ( 1 ) The identity of the creditor required to make disclosure.\n\n( 2 ) ( A ) The amount financed, using that term, which shall be the amount of credit of which the consumer has actual use. This amount shall be computed as follows, but the computations need not be disclosed and shall not be disclosed with the disclosures conspicuously segregated in accordance with subsection ( b ) ( 1 ) : ( i ) take the principal amount of the loan or the cash price less downpayment and trade-in; ( ii ) add any charges which are not part of the finance charge or of the principal amount of the loan and which are financed by the consumer, including the cost of any items excluded from the finance charge pursuant to section 1605 of this title; and ( iii ) subtract any charges which are part of the finance charge but which will be paid by the consumer before or at the time of the consummation of the transaction, or have been withheld from the proceeds of the credit.\n\n( B ) In conjunction with the disclosure of the amount financed, a creditor shall provide a statement of the consumers right to obtain, upon a written request, a written itemization of the amount financed. The statement shall include spaces for a yes and no indication to be initialed by the consumer to indicate whether the consumer wants a written itemization of the amount financed. Upon receiving an affirmative indication, the creditor shall provide, at the time other disclosures are required to be furnished, a written itemization of the amount financed. For the purposes of this subparagraph, itemization of the amount financed means a disclosure of the following items, to the extent applicable : ( i ) the amount that is or will be paid directly to the consumer ; ( ii ) the amount that is or will be credited to the consumers account to discharge obligations owed to the creditor ; ( iii ) each amount that is or will be paid to third persons by the creditor on the consumers behalf, together with an identification of or reference to the third person; and ( iv ) the total amount of any charges described in the preceding subparagraph ( A ) ( iii ).\n\n( 3 ) The finance charge, not itemized, using that term.\n\n( 4 ) The finance charge expressed as an annual percentage rate, using that term. This shall not be required if the amount financed does not exceed {$75.00} and the finance charge does not exceed {$5.00}, or if the amount financed exceeds {$75.00} and the finance charge does not exceed {$7.00}.\n\n( 5 ) The sum of the amount financed and the finance charge, which shall be termed the total of payments.\n\n( 6 ) The number, amount, and due dates or period of payments scheduled to repay the total of payments.\n\n( 7 ) In a sale of property or services in which the seller is the creditor required to disclose pursuant to section 1631 ( b ) of this title, the total sale price, using that term, which shall be the total of the cash price of the property or services, additional charges, and the finance charge.\n\n( 8 ) Descriptive explanations of the terms amount financed, finance charge, annual percentage rate, total of payments, and total sale price as specified by the Bureau. The descriptive explanation of total sale price shall include reference to the amount of the downpayment.\n\n( 9 ) Where the credit is secured, a statement that a security interest has been taken in ( A ) the property which is purchased as part of the credit transaction, or ( B ) property not purchased as part of the credit transaction identified by item or type.\n\n( 10 ) Any dollar charge or percentage amount which may be imposed by a creditor solely on account of a late payment, other than a deferral or extension charge.\n\n( 11 ) A statement indicating whether or not the consumer is entitled to a rebate of any finance charge upon refinancing or prepayment in full pursuant to acceleration or otherwise, if the obligation involves a precomputed finance charge. A statement indicating whether or not a penalty will be imposed in those same circumstances if the obligation involves a finance charge computed from time to time by application of a rate to the unpaid principal balance.\n\n( 12 ) A statement that the consumer should refer to the appropriate contract document for any information such document provides about nonpayment, default, the right to accelerate the maturity of the debt, and prepayment rebates and penalties.\n\n( 13 ) In any residential mortgage transaction, a statement indicating whether a subsequent purchaser or assignee of the consumer may assume the debt obligation on its original terms and conditions.\n\n( 14 ) In the case of any variable interest rate residential mortgage transaction, in disclosures provided at application as prescribed by the Bureau for a variable rate transaction secured by the consumers principal dwelling, at the option of the creditor, a statement that the periodic payments may increase or decrease substantially, and the maximum interest rate and payment for a {$10000.00} loan originated at a recent interest rate, as determined by the Bureau, assuming the maximum periodic increases in rates and payments under the program, or a historical example illustrating the effects of interest rate changes implemented according to the loan program.\n\n( 15 ) In the case of a consumer credit transaction that is secured by the principal dwelling of the consumer, in which the extension of credit may exceed the fair market value of the dwelling, a clear and conspicuous statement that ( A ) the interest on the portion of the credit extension that is greater than the fair market value of the dwelling is not tax deductible for Federal income tax purposes; and ( B ) the consumer should consult a tax adviser for further information regarding the deductibility of interest and charges.\n\n( 16 ) In the case of a variable rate residential mortgage loan for which an escrow or impound account will be established for the payment of all applicable taxes, insurance, and assessments ( A ) the amount of initial monthly payment due under the loan for the payment of principal and interest, and the amount of such initial monthly payment including the monthly payment deposited in the account for the payment of all applicable taxes, insurance, and assessments; and ( B ) the amount of the fully indexed monthly payment due under the loan for the payment of principal and interest, and the amount of such fully indexed monthly payment including the monthly payment deposited in the account for the payment of all applicable taxes, insurance, and assessments.\n\n( 17 ) In the case of a residential mortgage loan, the aggregate amount of settlement charges for all settlement services provided in connection with the loan, the amount of charges that are included in the loan and the amount of such charges the borrower must pay at closing, the approximate amount of the wholesale rate of funds in connection with the loan, and the aggregate amount of other fees or required payments in connection with the loan.\n\n( 18 ) In the case of a residential mortgage loan, the aggregate amount of fees paid to the mortgage originator in connection with the loan, the amount of such fees paid directly by the consumer, and any additional amount received by the originator from the creditor.\n\n( 19 ) In the case of a residential mortgage loan, the total amount of interest that the consumer will pay over the life of the loan as a percentage of the principal of the loan. Such amount shall be computed assuming the consumer makes each monthly payment in full and on-time, and does not make any over-payments.\n\n( b ) Form and timing of disclosures ; residential mortgage transaction requirements ( 1 ) Except as otherwise provided in this part, the disclosures required under subsection ( a ) shall be made before the credit is extended. Except for the disclosures required by subsection ( a ) ( 1 ) of this section, all disclosures required under subsection ( a ) and any disclosure provided for in subsection ( b ), ( c ), or ( d ) of section 1605 of this title shall be conspicuously segregated from all other terms, data, or information provided in connection with a transaction, including any computations or itemization.\n\n( 2 ) ( A ) Except as provided in subparagraph ( G ), in the case of any extension of credit that is secured by the dwelling of a consumer, which is also subject to the Real Estate Settlement Procedures Act [ 12 U.S.C. 2601 et seq. ], good faith estimates of the disclosures required under subsection ( a ) shall be made in accordance with regulations of the Bureau under section 1631 ( c ) of this title and shall be delivered or placed in the mail not later than three business days after the creditor receives the consumers written application, which shall be at least 7 business days before consummation of the transaction.\n\n( B ) In the case of an extension of credit that is secured by the dwelling of a consumer, the disclosures provided under subparagraph ( A ), [ 1 ] shall be in addition to the other disclosures required by subsection ( a ), and shall ( i ) state in conspicuous type size and format, the following : You are not required to complete this agreement merely because you have received these disclosures or signed a loan application. ; and ( ii ) be provided in the form of final disclosures at the time of consummation of the transaction, in the form and manner prescribed by this section.\n\n( C ) In the case of an extension of credit that is secured by the dwelling of a consumer, under which the annual rate of interest is variable, or with respect to which the regular payments may otherwise be variable, in addition to the other disclosures required by subsection ( a ), the disclosures provided under this subsection shall do the following : ( i ) Label the payment schedule as follows : Payment Schedule : Payments Will Vary Based on Interest Rate Changes.\n\n( ii ) State in conspicuous type size and format examples of adjustments to the regular required payment on the extension of credit based on the change in the interest rates specified by the contract for such extension of credit. Among the examples required to be provided under this clause is an example that reflects the maximum payment amount of the regular required payments on the extension of credit, based on the maximum interest rate allowed under the contract, in accordance with the rules of the Bureau. Prior to issuing any rules pursuant to this clause, the Bureau shall conduct consumer testing to determine the appropriate format for providing the disclosures required under this subparagraph to consumers so that such disclosures can be easily understood, including the fact that the initial regular payments are for a specific time period that will end on a certain date, that payments will adjust afterwards potentially to a higher amount, and that there is no guarantee that the borrower will be able to refinance to a lower amount.\n\n( D ) In any case in which the disclosure statement under subparagraph ( A ) contains an annual percentage rate of interest that is no longer accurate, as determined under section 1606 ( c ) of this title, the creditor shall furnish an additional, corrected statement to the borrower, not later than 3 business days before the date of consummation of the transaction.\n\n( E ) The consumer shall receive the disclosures required under this paragraph before paying any fee to the creditor or other person in connection with the consumers application for an extension of credit that is secured by the dwelling of a consumer. If the disclosures are mailed to the consumer, the consumer is considered to have received them 3 business days after they are mailed. A creditor or other person may impose a fee for obtaining the consumers credit report before the consumer has received the disclosures under this paragraph, provided the fee is bona fide and reasonable in amount.\n\n( F ) Waiver of timeliness of disclosures.To expedite consummation of a transaction, if the consumer determines that the extension of credit is needed to meet a bona fide personal financial emergency, the consumer may waive or modify the timing requirements for disclosures under subparagraph ( A ), provided that ( i ) the term bona fide personal emergency may be further defined in regulations issued by the Bureau ; ( ii ) the consumer provides to the creditor a dated, written statement describing the emergency and specifically waiving or modifying those timing requirements, which statement shall bear the signature of all consumers entitled to receive the disclosures required by this paragraph; and ( iii ) the creditor provides to the consumers at or before the time of such waiver or modification, the final disclosures required by paragraph ( 1 ).\n\n( G ) ( i ) In the case of an extension of credit relating to a plan described in section 101 ( 53D ) of title 11 ( I ) the requirements of subparagraphs ( A ) through ( E ) shall not apply ; and ( II ) a good faith estimate of the disclosures required under subsection ( a ) shall be made in accordance with regulations of the Bureau under section 1631 ( c ) of this title before such credit is extended, or shall be delivered or placed in the mail not later than 3 business days after the date on which the creditor receives the written application of the consumer for such credit, whichever is earlier.\n\n( ii ) If a disclosure statement furnished within 3 business days of the written application ( as provided under clause ( i ) ( II ) ) contains an annual percentage rate which is subsequently rendered inaccurate, within the meaning of section 1606 ( c ) of this title, the creditor shall furnish another disclosure statement at the time of settlement or consummation of the transaction.\n\n( 3 ) In the case of a credit transaction described in paragraph ( 15 ) of subsection ( a ), disclosures required by that paragraph shall be made to the consumer at the time of application for such extension of credit.\n\n( 4 ) Repayment analysis required to include escrow payments.\n\n( A ) In general.\n\nIn the case of any consumer credit transaction secured by a first mortgage or lien on the principal dwelling of the consumer, other than a consumer credit transaction under an open end credit plan or a reverse mortgage, for which an impound, trust, or other type of account has been or will be established in connection with the transaction for the payment of property taxes, hazard and flood ( if any ) insurance premiums, or other periodic payments or premiums with respect to the property, the information required to be provided under subsection ( a ) with respect to the number, amount, and due dates or period of payments scheduled to repay the total of payments shall take into account the amount of any monthly payment to such account for each such repayment in accordance with section 10 ( a ) ( 2 ) of the Real Estate Settlement Procedures Act of 1974 [ 12 U.S.C. 2609 ( a ) ( 2 ) ].\n\n( B ) Assessment value.\n\nThe amount taken into account under subparagraph ( A ) for the payment of property taxes, hazard and flood ( if any ) insurance premiums, or other periodic payments or premiums with respect to the property shall reflect the taxable assessed value of the real property securing the transaction after the consummation of the transaction, including the value of any improvements on the property or to be constructed on the property ( whether or not such construction will be financed from the proceeds of the transaction ), if known, and the replacement costs of the property for hazard insurance, in the initial year after the transaction.\n\n( c ) Timing of disclosures on unsolicited mailed or telephone purchase orders or loan requests ( 1 ) If a creditor receives a purchase order by mail or telephone without personal solicitation, and the cash price and the total sale price and the terms of financing, including the annual percentage rate, are set forth in the creditors catalog or other printed material distributed to the public, then the disclosures required under subsection ( a ) may be made at any time not later than the date the first payment is due.\n\n( 2 ) If a creditor receives a request for a loan by mail or telephone without personal solicitation and the terms of financing, including the annual percentage rate for representative amounts of credit, are set forth in the creditors printed material distributed to the public, or in the contract of loan or other printed material delivered to the obligor, then the disclosures required under subsection ( a ) may be made at any time not later than the date the first payment is due.\n\n( d ) Timing of disclosure in cases of an addition of a deferred payment price to an existing outstanding balance If a consumer credit sale is one of a series of consumer credit sales transactions made pursuant to an agreement providing for the addition of the deferred payment price of that sale to an existing outstanding balance, and the person to whom the credit is extended has approved in writing both the annual percentage rate or rates and the method of computing the finance charge or charges, and the creditor retains no security interest in any property as to which he has received payments aggregating the amount of the sales price including any finance charges attributable thereto, then the disclosure required under subsection ( a ) for the particular sale may be made at any time not later than the date the first payment for that sale is due. For the purposes of this subsection, in the case of items purchased on different dates, the first purchased shall be deemed first paid for, and in the case of items purchased on the same date, the lowest price shall be deemed first paid for.\n\n( e ) Terms and disclosure with respect to private education loans ( 1 ) Disclosures required in private education loan applications and solicitations In any application for a private education loan, or a solicitation for a private education loan without requiring an application, the private educational lender shall disclose to the borrower, clearly and conspicuously ( A ) the potential range of rates of interest applicable to the private education loan ; ( B ) whether the rate of interest applicable to the private education loan is fixed or variable ; ( C ) limitations on interest rate adjustments, both in terms of frequency and amount, or the lack thereof, if applicable ; ( D ) requirements for a co-borrower, including any changes in the applicable interest rates without a co-borrower ; ( E ) potential finance charges, late fees, penalties, and adjustments to principal, based on defaults or late payments of the borrower ; ( F ) fees or range of fees applicable to the private education loan ; ( G ) the term of the private education loan ; ( H ) whether interest will accrue while the student to whom the private education loan relates is enrolled at a covered educational institution ; ( I ) payment deferral options ; ( J ) general eligibility criteria for the private education loan ; ( K ) an example of the total cost of the private education loan over the life of the loan ( i ) which shall be calculated using the principal amount and the maximum rate of interest actually offered by the private educational lender ; and ( ii ) calculated both with and without capitalization of interest, if an option exists for postponing interest payments ; ( L ) that a covered educational institution may have school-specific education loan benefits and terms not detailed on the disclosure form ; ( M ) that the borrower may qualify for Federal student financial assistance through a program under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ), in lieu of, or in addition to, a loan from a non-Federal source; ( N ) the interest rates available with respect to such Federal student financial assistance through a program under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) ; ( O ) that, as provided in paragraph ( 6 ) ( i ) the borrower shall have the right to accept the terms of the loan and consummate the transaction at any time within 30 calendar days ( or such longer period as the private educational lender may provide ) following the date on which the application for the private education loan is approved and the borrower receives the disclosure documents required under this subsection for the loan ; and ( ii ) except for changes based on adjustments to the index used for a loan, the rates and terms of the loan may not be changed by the private educational lender during the period described in clause ( i ) ; ( P ) that, before a private education loan may be consummated, the borrower must obtain from the relevant institution of higher education the form required under paragraph ( 3 ), and complete, sign, and return such form to the private educational lender ; ( Q ) that the consumer may obtain additional information concerning such Federal student financial assistance from their institution of higher education, or at the website of the Department of Education ; and ( R ) such other information as the Bureau shall prescribe, by rule, as necessary or appropriate for consumers to make informed borrowing decisions.\n\n( 2 ) Disclosures at the time of private education loan approval Contemporaneously with the approval of a private education loan application, and before the loan transaction is consummated, the private educational lender shall disclose to the borrower, clearly and conspicuously ( A ) the applicable rate of interest in effect on the date of approval ; ( B ) whether the rate of interest applicable to the private education loan is fixed or variable ; ( C ) limitations on interest rate adjustments, both in terms of frequency and amount, or the lack thereof, if applicable ; ( D ) the initial approved principal amount ; ( E ) applicable finance charges, late fees, penalties, and adjustments to principal, based on borrower defaults or late payments, including limitations on the discharge of a private education loan in bankruptcy ; ( F ) fees or range of fees applicable to the private education loan ; ( G ) the maximum term under the private education loan program ; ( H ) an estimate of the total amount for repayment, at both the interest rate in effect on the date of approval and at the maximum possible rate of interest offered by the private educational lender and applicable to the borrower, to the extent that such maximum rate may be determined, or if not, a good faith estimate thereof ; ( I ) any principal and interest payments required while the student for whom the private education loan is intended is enrolled at a covered educational institution and unpaid interest that will accrue during such enrollment ; ( J ) payment deferral options applicable to the borrower ; ( K ) whether monthly payments are graduated ; ( L ) that, as provided in paragraph ( 6 ) ( i ) the borrower shall have the right to accept the terms of the loan and consummate the transaction at any time within 30 calendar days ( or such longer period as the private educational lender may provide ) following the date on which the application for the private education loan is approved and the borrower receives the disclosure documents required under this subsection for the loan ; and ( ii ) except for changes based on adjustments to the index used for a loan, the rates and terms of the loan may not be changed by the private educational lender during the period described in clause ( i ) ; ( M ) that the borrower ( i ) may qualify for Federal financial assistance through a program under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ), in lieu of, or in addition to, a loan from a non-Federal source; and ( ii ) may obtain additional information concerning such assistance from their institution of higher education or the website of the Department of Education ; ( N ) the interest rates available with respect to such Federal financial assistance through a program under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ) ; ( O ) the maximum monthly payment, calculated using the maximum rate of interest actually offered by the private educational lender and applicable to the borrower, to the extent that such maximum rate may be determined, or if not, a good faith estimate thereof; and ( P ) such other information as the Bureau shall prescribe, by rule, as necessary or appropriate for consumers to make informed borrowing decisions.\n\n( 3 ) Self-certification of information ( A ) In general Before a private educational lender may consummate a private education loan with respect to a student attending an institution of higher education, the lender shall obtain from the applicant for the private education loan the form developed by the Secretary of Education under section 155 of the Higher Education Act of 1965 [ 20 U.S.C. 1019d ], signed by the applicant, in written or electronic form.\n\n( B ) Rule of construction No other provision of this subsection shall be construed to require a private educational lender to perform any additional duty under this paragraph, other than collecting the form required under subparagraph ( A ).\n\n( 4 ) Disclosures at the time of private education loan consummation Contemporaneously with the consummation of a private education loan, a private educational lender shall make to the borrower each of the disclosures described in ( A ) paragraph ( 2 ) ( A ) ( adjusted, as necessary, for the rate of interest in effect on the date of consummation, based on the index used for the loan ) ; ( B ) subparagraphs ( B ) through ( K ) and ( M ) through ( P ) of paragraph ( 2 ) ; and ( C ) paragraph ( 7 ).\n\n( 5 ) Format of disclosures ( A ) Model form Not later than 2 years after August 14, 2008, the Bureau shall, based on consumer testing, and in consultation with the Secretary of Education, develop and issue model forms that may be used, at the option of the private educational lender, for the provision of disclosures required under this subsection.\n\n( B ) Format Model forms developed under this paragraph shall ( i ) be comprehensible to borrowers, with a clear format and design ; ( ii ) provide for clear and conspicuous disclosures ; ( iii ) enable borrowers easily to identify material terms of the loan and to compare such terms among private education loans; and ( iv ) be succinct, and use an easily readable type font.\n\n( C ) Safe harbor Any private educational lender that elects to provide a model form developed under this subsection that accurately reflects the practices of the private educational lender shall be deemed to be in compliance with the disclosures required under this subsection.\n\n( 6 ) Effective period of approved rate of interest and loan terms ( A ) In general With respect to a private education loan, the borrower shall have the right to accept the terms of the loan and consummate the transaction at any time within 30 calendar days ( or such longer period as the private educational lender may provide ) following the date on which the application for the private education loan is approved and the borrower receives the disclosure documents required under this subsection for the loan, and the rates and terms of the loan may not be changed by the private educational lender during that period.\n\n( B ) Prohibition on changes Except for changes based on adjustments to the index used for a loan, the rates and terms of the loan may not be changed by the private educational lender prior to the earlier of ( i ) the date of acceptance of the terms of the loan and consummation of the transaction by the borrower, as described in subparagraph ( A ) ; or ( ii ) the expiration of the period described in subparagraph ( A ).\n\n( 7 ) Right to cancel With respect to a private education loan, the borrower may cancel the loan, without penalty to the borrower, at any time within 3 business days of the date on which the loan is consummated, and the private educational lender shall disclose such right to the borrower in accordance with paragraph ( 4 ).\n\n( 8 ) Prohibition on disbursement No funds may be disbursed with respect to a private education loan until the expiration of the 3-day period described in paragraph ( 7 ).\n\n( 9 ) Bureau regulations In issuing regulations under this subsection, the Bureau shall prevent, to the extent possible, duplicative disclosure requirements for private educational lenders that are otherwise required to make disclosures under this subchapter, except that in any case in which the disclosure requirements of this subsection differ or conflict with the disclosure requirements of any other provision of this subchapter, the requirements of this subsection shall be controlling.\n\n( 10 ) Definitions For purposes of this subsection, the terms covered educational institution, private educational lender, and private education loan have the same meanings as in section 1650 of this title.\n\n( 11 ) Duties of lenders participating in preferred lender arrangements Each private educational lender that has a preferred lender arrangement with a covered educational institution shall annually, by a date determined by the Bureau, in consultation with the Secretary of Education, provide to the covered educational institution such information as the Bureau determines to include in the model form developed under paragraph ( 5 ) for each type of private education loan that the lender plans to offer to students attending the covered educational institution, or to the families of such students, for the next award year ( as that term is defined in section 481 of the Higher Education Act of 1965 [ 20 U.S.C. 1088 ] ).\n\n( f ) Periodic statements for residential mortgage loans ( 1 ) In general The creditor, assignee, or servicer with respect to any residential mortgage loan shall transmit to the obligor, for each billing cycle, a statement setting forth each of the following items, to the extent applicable, in a conspicuous and prominent manner : ( A ) The amount of the principal obligation under the mortgage.\n\n( B ) The current interest rate in effect for the loan.\n\n( C ) The date on which the interest rate may next reset or adjust.\n\n( D ) The amount of any prepayment fee to be charged, if any.\n\n( E ) A description of any late payment fees.\n\n( F ) A telephone number and electronic mail address that may be used by the obligor to obtain information regarding the mortgage.\n\n( G ) The names, addresses, telephone numbers, and Internet addresses of counseling agencies or programs reasonably available to the consumer that have been certified or approved and made publicly available by the Secretary of Housing and Urban Development or a State housing finance authority ( as defined in section 1441a1 of title 12 ).\n\n( H ) Such other information as the Board [ 2 ] may prescribe in regulations.\n\n( 2 ) Development and use of standard form The Board2 shall develop and prescribe a standard form for the disclosure required under this subsection, taking into account that the statements required may be transmitted in writing or electronically.\n\n( 3 ) Exception Paragraph ( 1 ) shall not apply to any fixed rate residential mortgage loan where the creditor, assignee, or servicer provides the obligor with a coupon book that provides the obligor with substantially the same information as required in paragraph ( 1 ).\n\n15 U.S. Code 1681- Congressional findings and statement of purpose ( a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly imp","date_sent_to_company":"2024-04-26T22:30:41.000Z","issue":"Improper use of your report","sub_product":"Other personal consumer report","zip_code":"94585","tags":null,"has_narrative":true,"complaint_id":"8868174","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-04-26T21:59:15.000Z","state":"CA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["( 3 ) <em>Exception</em> Paragraph ( 1 ) shall not <em>apply</em> to any fixed rate residential mortgage <em>loan</em> where the creditor, assignee, or servicer provides the obligor with a coupon book that provides the obligor with substantially the same information as required in paragraph ( 1 ).\n\n15 U.S."]},"sort":[6.53028,"8868174"]},{"_index":"complaint-public-v1","_id":"8271366","_score":6.100889,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I have never given Equifax written permission to have nor share my financial information which consist of my transaction history ( It is against the law to share transaction history- that is ILLEGAL ), opening of my accounts, types of accounts, full name, address, phone #, XXXX,, etc. Due to the actions of Equifax, I have faced socioeconomic discrimination in regard to credit transactions and I have been injured by the furnishings ( of my non-public personal information provided to financial institution and others ) of the respondent. I have been denied credit and access to my human right of realization pursuant to 42 USC 1981. Pursuant to 15 USC 1681b Permissible Purposes ( 2 ), the respondent was never granted written consent. If in any way the respondent was granted written consent, it was granted to the respondent by way of extrinsic fraud and I the consumer rescind the respondent 's authority. Per the FCRA, the term consumer report does not include : Any report containing information solely about transactions or experiences between the consumer and the institution making the report any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device. These actions have caused socioeconomic discrimination against me for I have been denied credit transactions due to the furnishing of the respondent. I the consumer has never received a privacy notice. Privacy notices must be clear and conspicuous, meaning they must be reasonably understandable and designed to call attention to the nature and significance of the information contained in the notice. The regulation does not prescribe specific methods for making a notice clear and conspicuous but does provide examples of ways in which to achieve the standard, such as the use of short explanatory sentences or bullet lists and the use of plain-language headings and easily readable typeface and type size. Privacy notices also must accurately reflect the institutions privacy practices per Regulation P - Privacy of Consumer Financial Information. I would hope they heavily consider their oath whereas it states \" I solemnly swear that I will support the Constitution of the United States, that I will faithfully discharge the duties of the office of attorney, and that I will conduct myself at all times with integrity and civility. '' Any action against this oath is misconduct and actionable per se.The XXXX parties who received this information are Banks, XXXX, etc. As the consumer I feel betrayed and mislead that this was taking place without my knowledge and most importantly my consent. These unfair and misleading practices have caused me both emotional and physical harm. I have made attempts to do business with other banks only to be told that they can not proceed with opening a bank account in my name due to reports received and the system not allowing them to move forward.. This is a violation of Privacy Act of XXXX - establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifier assigned to the individual. The Privacy Act requires that agencies give the public notice of their systems of records by publication in the XXXX XXXX. The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to XXXX of XXXX statutory exceptions. The XXXX also provides individuals with a means by which to seek access to and amendment of their records, and sets forth various agency record-keeping requirements. Fair Credit Reporting Act - The Act ( Title VI of the Consumer Credit Protection Act ) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report can not be provided to anyone who does not have a purpose specified in the XXXX. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The XXXX and Accurate Credit Transactions Act added many provisions to this XXXX primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau XXXX XXXX the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains XXXX its enforcement authority. XXXX XXXX XXXX XXXX- Congressional findings and statement of purpose - Accuracy and fairness of credit reporting. The XXXX makes the following findings : ( XXXX ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( XXXX ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( XXXX ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( XXXX ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. XXXX XXXX XXXX XXXX - Protection of nonpublic personal information- ( a ) Privacy obligation policy : It is the policy of the XXXX that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. ( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information - Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title : ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. ( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. ( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S.C. 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law. 15 U.S. Code 6803 - Disclosure of institution privacy policy- ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers. ( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title. ( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to nonaffiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title.\n\n( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer. ( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section. ( 3 ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the District of Columbia, XXXX XXXX, XXXX, XXXX XXXX, the Trust Territory of the XXXX XXXX, the XXXX XXXX, or the XXXX XXXX XXXX. ( e ) Model forms ( 1 ) In general The agencies referred to in section 6804 ( a ) ( 1 ) of this title shall jointly develop a model form which may be used, at the option of the financial institution, for the provision of disclosures under this section. ( 2 ) Format A model form developed under paragraph ( 1 ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font. ( 3 ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX. ( XXXX ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. ( f ) Exception to annual notice requirement A financial institution that ( 1 ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( 2 ) or ( e ) of section 6802 of this title or regulations prescribed under section 6804 ( b ) of this title, and ( 2 ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( 1 ) or ( 2 ). 15 U.S. Code 6804 - Rulemaking - ( a ) Regulatory authority ( 1 ) Rulemaking ( A ) In general Except as provided in subparagraph ( C ), the Bureau of Consumer Financial Protection and the Securities and Exchange Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to their respective jurisdiction under section 6805 of this title ( and notwithstanding subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ] ), except that the Bureau of Consumer Financial Protection shall not have authority to prescribe regulations with respect to the standards under section 6801 of this title. \n\n( B ) CFTC The Commodity Futures Trading Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to the jurisdiction of the Commodity Futures Trading Commission under section 7b2 of title 7. ( C ) Federal Trade Commission authority Notwithstanding the authority of the Bureau of Consumer Financial Protection under subparagraph ( A ), the Federal Trade Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to any financial institution that is a person described in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ]. ( D ) Rule of construction Nothing in this paragraph shall be construed to alter, affect, or otherwise limit the authority of a State insurance authority to adopt regulations to carry out this subchapter. ( 2 ) Coordination, consistency, and comparability Each of the agencies authorized under paragraph ( 1 ) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with [ 1 ] representatives of State insurance authorities designated by the XXXX XXXX XXXX XXXX XXXX, for the purpose of assuring, to the extent possible, that the regulations prescribed by each such agency are consistent and comparable with the regulations prescribed by the other such agencies. ( XXXX ) Procedures and deadline Such regulations shall be prescribed in accordance with applicable requirements of title XXXX. ( b ) Authority to grant exceptions The regulations prescribed under subsection ( a ) may include such additional exceptions to subsections ( a ) through ( d ) of section 6802 of this title as are deemed consistent with the purposes of this subchapter. 15 U.S. Code 6805 - Enforcement - ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Under section 1818 of title 12, by the appropriate Federal banking agency, as defined in section 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries or affiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by the XXXX XXXX XXXX XXXX ( other than members of the Federal Reserve XXXX ), insured XXXX branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by the XXXX XXXX XXXX XXXX, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ). ( XXXX ) Under the XXXX XXXX XXXX XXXX [ XXXX XXXX. XXXX et seq. ], by the XXXX XXXX XXXX XXXX XXXX XXXX XXXX with respect to any federally insured credit union, and any subsidiaries of such an entity. ( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer.\n\n( 4 ) Under the Investment Company Act of 1940 [ 15 U.S.C. 80a1 et seq. ], by the Securities and Exchange Commission with respect to investment companies. ( 5 ) Under the Investment Advisers Act of 1940 [ 15 U.S.C. 80b1 et seq. ], by the Securities and Exchange Commission with respect to investment advisers registered with the Commission under such Act. ( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled, subject to section 6701 of this title. ( 7 ) Under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq. ], by the Federal Trade Commission for any other financial institution or other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection. ( 8 ) Under subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau of Consumer Financial Protection, in the case of any financial institution and other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards under section 6801 of this title. ( b ) Enforcement of section 6801 ( 1 ) In general Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau of Consumer Financial Protection, shall implement the standards prescribed under section 6801 ( b ) of this title in the same manner, to the extent practicable, as standards prescribed pursuant to section 1831p1 ( a ) of title 12 are implemented pursuant to such section. ( 2 ) Exception The agencies and authorities described in paragraphs ( 3 ), ( 4 ), ( 5 ), ( 6 ), and ( 7 ) of subsection ( a ) shall implement the standards prescribed under section 6801 ( b ) of this title by rule with respect to the financial institutions and other persons subject to their respective jurisdictions under subsection ( a ). ( c ) Absence of State action If a State insurance authority fails to adopt regulations to carry out this subchapter, such State shall not be eligible to override, pursuant to section 1831x ( g ) ( 2 ) ( B ) ( iii ) of title 12, the insurance customer protection regulations prescribed by a Federal banking agency under section 1831x ( a ) of title 12. ( d ) Definitions The terms used in subsection ( a ) ( 1 ) that are not defined in this subchapter or otherwise defined in section 1813 ( s ) of title 12 shall have the same meaning as given in section 3101 of title 12. 16 CFR Part 313 - PART 313PRIVACY OF CONSUMER FINANCIAL INFORMATION. 16 CFR 433.1 - Definitions. 16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices- In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission XXXX, it is an unfair or deceptive act or practice within the meaning of section XXXX of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least XXXX point, bold face, type : NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. Or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least XXXX point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 16 CFR 433.3 - XXXX of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of XXXX ( a ). - ( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( XXXX ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract.","date_sent_to_company":"2024-02-02T18:40:25.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"23225","tags":null,"has_narrative":true,"complaint_id":"8271366","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-02-02T18:33:06.000Z","state":"VA","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money <em>loan</em> ( as purchase money <em>loan</em> is defined herein ), unless any consumer credit contract made in connection with such purchase money <em>loan</em> contains the following provision in at least XXXX point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS"]},"sort":[6.100889,"8271366"]},{"_index":"complaint-public-v1","_id":"8227588","_score":5.7675614,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Capital One has violated their own terms and conditions, which states they will not share your information with 3rd party affiliates without your written permission in which I have never given Capital One written permission to share my bank information which consist of my transaction history ( It is against the law to share transaction history- that is ILLEGAL ), opening of my accounts, types of accounts, full name, address, phone #, SSN,, etc. Due to the actions of Capital One, I have faced socioeconomic discrimination in regard to credit transactions and I have been injured by the furnishings ( of my non-public personal information provided to a financial institution ) of the respondent. I have been denied credit and access to my human right of realization pursuant to 42 USC 1981. Pursuant to 15 USC 1681b Permissible Purposes ( 2 ), the respondent was never granted written consent. If in any way the respondent was granted written consent, it was granted to the respondent by way of extrinsic fraud and I the consumer rescind the respondent 's authority. Per the FCRA, the term consumer report does not include : Any report containing information solely about transactions or experiences between the consumer and the institution making the report any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device. Capital One has furnished my transaction history to credit reporting agencies. These actions have caused socioeconomic discrimination against me for I have been denied credit transactions due to the furnishing of the respondent. I the consumer has never received a privacy notice. Privacy notices must be clear and conspicuous, meaning they must be reasonably understandable and designed to call attention to the nature and significance of the information contained in the notice. The regulation does not prescribe specific methods for making a notice clear and conspicuous but does provide examples of ways in which to achieve the standard, such as the use of short explanatory sentences or bullet lists and the use of plain-language headings and easily readable typeface and type size. Privacy notices also must accurately reflect the institutions privacy practices per Regulation P - Privacy of Consumer Financial Information. I would hope they heavily consider their oath whereas it states \" I solemnly swear that I will support the Constitution of the United States, that I will faithfully discharge the duties of the office of attorney, and that I will conduct myself at all times with integrity and civility. '' Any action against this oath is misconduct and actionable per se.The 3rd parties who received this information are XXXX, XXXX, and XXXX. As the consumer I feel betrayed and mislead that this was taking place without my knowledge and most importantly my consent. These unfair and misleading practices have caused me both emotional and physical harm. I have made attempts to do business with other banks only to be told that they can not proceed with opening a bank account in my name due to reports received and the system not allowing them to move forward.. This is a violation of Privacy Act of 1974 - establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifier assigned to the individual. The Privacy Act requires that agencies give the public notice of their systems of records by publication in the Federal Register. The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to one of twelve statutory exceptions. The Act also provides individuals with a means by which to seek access to and amendment of their records, and sets forth various agency record-keeping requirements. Fair Credit Reporting Act - The Act ( Title VI of the Consumer Credit Protection Act ) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report can not be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The Fair and Accurate Credit Transactions Act added many provisions to this Act primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau most of the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains all its enforcement authority. 15 U.S. Code 1681- Congressional findings and statement of purpose - Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 15 U.S. Code 6801 - Protection of nonpublic personal information- ( a ) Privacy obligation policy : It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. ( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information - Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title : ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. ( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. ( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S.C. 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law. 15 U.S. Code 6803 - Disclosure of institution privacy policy- ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers. ( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title. ( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to nonaffiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title.\n\n( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer. ( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section. ( 3 ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, or the Northern Mariana Islands. ( e ) Model forms ( 1 ) In general The agencies referred to in section 6804 ( a ) ( 1 ) of this title shall jointly develop a model form which may be used, at the option of the financial institution, for the provision of disclosures under this section. ( 2 ) Format A model form developed under paragraph ( 1 ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font. ( 3 ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX. ( 4 ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. ( f ) Exception to annual notice requirement A financial institution that ( 1 ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( 2 ) or ( e ) of section 6802 of this title or regulations prescribed under section 6804 ( b ) of this title, and ( 2 ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( 1 ) or ( 2 ). 15 U.S. Code 6804 - Rulemaking - ( a ) Regulatory authority ( 1 ) Rulemaking ( A ) In general Except as provided in subparagraph ( C ), the Bureau of Consumer Financial Protection and the Securities and Exchange Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to their respective jurisdiction under section 6805 of this title ( and notwithstanding subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ] ), except that the Bureau of Consumer Financial Protection shall not have authority to prescribe regulations with respect to the standards under section 6801 of this title.\n\n( B ) CFTC The Commodity Futures Trading Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to the jurisdiction of the Commodity Futures Trading Commission under section 7b2 of title 7. ( C ) Federal Trade Commission authority Notwithstanding the authority of the Bureau of Consumer Financial Protection under subparagraph ( A ), the Federal Trade Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to any financial institution that is a person described in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ]. ( D ) Rule of construction Nothing in this paragraph shall be construed to alter, affect, or otherwise limit the authority of a State insurance authority to adopt regulations to carry out this subchapter. ( 2 ) Coordination, consistency, and comparability Each of the agencies authorized under paragraph ( 1 ) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with [ 1 ] representatives of State insurance authorities designated by the XXXX XXXX XXXX XXXX XXXX, for the purpose of assuring, to the extent possible, that the regulations prescribed by each such agency are consistent and comparable with the regulations prescribed by the other such agencies. ( 3 ) Procedures and deadline Such regulations shall be prescribed in accordance with applicable requirements of title 5. ( b ) Authority to grant exceptions The regulations prescribed under subsection ( a ) may include such additional exceptions to subsections ( a ) through ( d ) of section 6802 of this title as are deemed consistent with the purposes of this subchapter. 15 U.S. Code 6805 - Enforcement - ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Under section 1818 of title 12, by the appropriate Federal banking agency, as defined in section 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries or affiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ). ( 2 ) Under the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Board of the XXXX XXXX XXXX XXXX with respect to any federally insured credit union, and any subsidiaries of such an entity. ( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer.\n\n( 4 ) Under the Investment Company Act of 1940 [ 15 U.S.C. 80a1 et seq. ], by the Securities and Exchange Commission with respect to investment companies. ( 5 ) Under the Investment Advisers Act of 1940 [ 15 U.S.C. 80b1 et seq. ], by the Securities and Exchange Commission with respect to investment advisers registered with the Commission under such Act. ( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled, subject to section 6701 of this title. ( 7 ) Under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq. ], by the Federal Trade Commission for any other financial institution or other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection. ( 8 ) Under subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau of Consumer Financial Protection, in the case of any financial institution and other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards under section 6801 of this title. ( b ) Enforcement of section 6801 ( 1 ) In general Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau of Consumer Financial Protection, shall implement the standards prescribed under section 6801 ( b ) of this title in the same manner, to the extent practicable, as standards prescribed pursuant to section 1831p1 ( a ) of title 12 are implemented pursuant to such section. ( 2 ) Exception The agencies and authorities described in paragraphs ( 3 ), ( 4 ), ( 5 ), ( 6 ), and ( 7 ) of subsection ( a ) shall implement the standards prescribed under section 6801 ( b ) of this title by rule with respect to the financial institutions and other persons subject to their respective jurisdictions under subsection ( a ). ( c ) Absence of State action If a State insurance authority fails to adopt regulations to carry out this subchapter, such State shall not be eligible to override, pursuant to section 1831x ( g ) ( 2 ) ( B ) ( iii ) of title 12, the insurance customer protection regulations prescribed by a Federal banking agency under section 1831x ( a ) of title 12. ( d ) Definitions The terms used in subsection ( a ) ( 1 ) that are not defined in this subchapter or otherwise defined in section 1813 ( s ) of title 12 shall have the same meaning as given in section 3101 of title 12. 16 CFR Part 313 - PART 313PRIVACY OF CONSUMER FINANCIAL INFORMATION. 16 CFR 433.1 - Definitions. 16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices- In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. Or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of 433.2 ( a ). - ( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract.","date_sent_to_company":"2024-01-26T06:27:38.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"23225","tags":null,"has_narrative":true,"complaint_id":"8227588","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2024-01-26T06:20:02.000Z","state":"VA","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money <em>loan</em> ( as purchase money <em>loan</em> is defined herein ), unless any consumer credit contract made in connection with such purchase money <em>loan</em> contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF"]},"sort":[5.7675614,"8227588"]},{"_index":"complaint-public-v1","_id":"8227107","_score":5.7675614,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX XXXX XXXX XXXX has violated their own terms and conditions, which states they will not share your information with 3rd party affiliates without your written permission in which I have never given XXXX XXXX XXXX XXXX written permission to share my bank information which consist of my transaction history ( It is against the law to share transaction history- that is ILLEGAL ), opening of my accounts, types of accounts, full name, address, phone #, SSN, date of birth, driver license #, etc. Due to the said actions of XXXX XXXX XXXX XXXX, I have faced socioeconomic discrimination in regard to credit transactions and I have been injured by the furnishings ( of my non-public personal information provided to a financial institution ) of the respondent. I have been denied credit and access to my human right of realization pursuant to 42 USC 1981. Pursuant to 15 USC 1681b Permissible Purposes ( 2 ), the respondent was never granted written consent. If in any way the respondent was granted written consent, it was granted to the respondent by way of extrinsic fraud and I the consumer rescind the respondent 's authority. Per the FCRA, the term consumer report does not include : Any report containing information solely about transactions or experiences between the consumer and the institution making the report any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device. XXXX XXXX XXXX XXXX has furnished my transaction history to credit reporting agencies. These actions have caused socioeconomic discrimination against me for I have been denied credit transactions due to the furnishing of the respondent. I the consumer has never received a privacy notice. Privacy notices must be clear and conspicuous, meaning they must be reasonably understandable and designed to call attention to the nature and significance of the information contained in the notice. The regulation does not prescribe specific methods for making a notice clear and conspicuous but does provide examples of ways in which to achieve the standard, such as the use of short explanatory sentences or bullet lists and the use of plain-language headings and easily readable typeface and type size. Privacy notices also must accurately reflect the institutions privacy practices per Regulation P - Privacy of Consumer Financial Information. I would hope they heavily consider their oath whereas it states \" I solemnly swear that I will support the Constitution of the United States, that I will faithfully discharge the duties of the office of attorney, and that I will conduct myself at all times with integrity and civility. '' Any action against this oath is misconduct and actionable per se.The 3rd parties who received this information are Early Warning Services, XXXX, XXXX, and XXXX. As the consumer I feel betrayed and mislead that this was taking place without my knowledge and most importantly my consent. These unfair and misleading practices have caused me both emotional and physical harm. I have made attempts to do business with other banks only to be told that they can not proceed with opening a bank account in my name due to reports received and the system not allowing them to move forward.. This is a violation of Privacy Act of 1974 - establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifier assigned to the individual. The Privacy Act requires that agencies give the public notice of their systems of records by publication in the Federal Register. The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to one of twelve statutory exceptions. The Act also provides individuals with a means by which to seek access to and amendment of their records, and sets forth various agency record-keeping requirements. Fair Credit Reporting Act - The Act ( Title VI of the Consumer Credit Protection Act ) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report can not be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The Fair and Accurate Credit Transactions Act added many provisions to this Act primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau most of the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains all its enforcement authority. 15 U.S. Code 1681- Congressional findings and statement of purpose - Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 15 U.S. Code 6801 - Protection of nonpublic personal information- ( a ) Privacy obligation policy : It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. ( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information - Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title : ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. ( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. ( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S.C. 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law. 15 U.S. Code 6803 - Disclosure of institution privacy policy- ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers. ( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title. ( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to nonaffiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title.\n\n( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer. ( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section. ( 3 ) Definitions For purposes of this subsection, the term State means any State or\nterritory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, or the Northern Mariana Islands. ( e ) Model forms ( 1 ) In general The agencies referred to in section 6804 ( a ) ( 1 ) of this title shall jointly develop a model form which may be used, at the option of the financial institution, for the provision of disclosures under this section. ( 2 ) Format A model form developed under paragraph ( 1 ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font. ( 3 ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX. ( 4 ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. ( f ) Exception to annual notice requirement A financial institution that ( 1 ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( 2 ) or ( e ) of section 6802 of this title or regulations prescribed under section 6804 ( b ) of this title, and ( 2 ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( 1 ) or ( 2 ). 15 U.S. Code 6804 - Rulemaking - ( a ) Regulatory authority ( 1 ) Rulemaking ( A ) In general Except as provided in subparagraph ( C ), the Bureau of Consumer Financial Protection and the Securities and Exchange Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to their respective jurisdiction under section 6805 of this title ( and notwithstanding subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ] ), except that the Bureau of Consumer Financial Protection shall not have authority to prescribe regulations with respect to the standards under section 6801 of this title.\n\n( B ) CFTC The Commodity Futures Trading Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to the jurisdiction of the Commodity Futures Trading Commission under section 7b2 of title 7. ( C ) Federal Trade Commission authority Notwithstanding the authority of the Bureau of Consumer Financial Protection under subparagraph ( A ), the Federal Trade Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to any financial institution that is a person described in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ]. ( D ) Rule of construction Nothing in this paragraph shall be construed to alter, affect, or otherwise limit the authority of a State insurance authority to adopt regulations to carry out this subchapter. ( 2 ) Coordination, consistency, and comparability Each of the agencies authorized under paragraph ( 1 ) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with [ 1 ] representatives of State insurance authorities designated by the National Association of Insurance Commissioners, for the purpose of assuring, to the extent possible, that the regulations prescribed by each such agency are consistent and comparable with the regulations prescribed by the other such agencies. ( 3 ) Procedures and deadline Such regulations shall be prescribed in accordance with applicable requirements of title 5. ( b ) Authority to grant exceptions The regulations prescribed under subsection ( a ) may include such additional exceptions to subsections ( a ) through ( d ) of section 6802 of this title as are deemed consistent with the purposes of this subchapter. 15 U.S. Code 6805 - Enforcement - ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Under section 1818 of title 12, by the appropriate Federal banking agency, as defined in section 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries or affiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ). ( 2 ) Under the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Board of the National Credit Union Administration with respect to any federally insured credit union, and any subsidiaries of such an entity. ( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer.\n\n( 4 ) Under the Investment Company Act of 1940 [ 15 U.S.C. 80a1 et seq. ], by the Securities and Exchange Commission with respect to investment companies. ( 5 ) Under the Investment Advisers Act of 1940 [ 15 U.S.C. 80b1 et seq. ], by the Securities and Exchange Commission with respect to investment advisers registered with the Commission under such Act. ( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled, subject to section 6701 of this title. ( 7 ) Under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq. ], by the Federal Trade Commission for any other financial institution or other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection. ( 8 ) Under subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau of Consumer Financial Protection, in the case of any financial institution and other covered person o\nr service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards under section 6801 of this title. ( b ) Enforcement of section 6801 ( 1 ) In general Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau of Consumer Financial Protection, shall implement the standards prescribed under section 6801 ( b ) of this title in the same manner, to the extent practicable, as standards prescribed pursuant to section 1831p1 ( a ) of title 12 are implemented pursuant to such section. ( 2 ) Exception The agencies and authorities described in paragraphs ( 3 ), ( 4 ), ( 5 ), ( 6 ), and ( 7 ) of subsection ( a ) shall implement the standards prescribed under section 6801 ( b ) of this title by rule with respect to the financial institutions and other persons subject to their respective jurisdictions under subsection ( a ). ( c ) Absence of State action If a State insurance authority fails to adopt regulations to carry out this subchapter, such State shall not be eligible to override, pursuant to section 1831x ( g ) ( 2 ) ( B ) ( iii ) of title 12, the insurance customer protection regulations prescribed by a Federal banking agency under section 1831x ( a ) of title 12. ( d ) Definitions The terms used in subsection ( a ) ( 1 ) that are not defined in this subchapter or otherwise defined in section 1813 ( s ) of title 12 shall have the same meaning as given in section 3101 of title 12. 16 CFR Part 313 - PART 313PRIVACY OF CONSUMER FINANCIAL INFORMATION. 16 CFR 433.1 - Definitions. 16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices- In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. Or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before November 1, 1977 from requirements of 433.2 ( a ). - ( a ) Any seller who has taken or received an open end consumer credit contract before November 1, 1977, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract.","date_sent_to_company":"2024-01-26T04:03:54.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"23225","tags":null,"has_narrative":true,"complaint_id":"8227107","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Early Warning Services, LLC","date_received":"2024-01-26T04:03:50.000Z","state":"VA","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money <em>loan</em> ( as purchase money <em>loan</em> is defined herein ), unless any consumer credit contract made in connection with such purchase money <em>loan</em> contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF"]},"sort":[5.7675614,"8227107"]},{"_index":"complaint-public-v1","_id":"8274913","_score":5.761776,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I have never given Experian written permission to have nor share my financial information which consist of my transaction history ( It is against the law to share transaction history- that is ILLEGAL ), opening of my accounts, types of accounts, full name, address, phone #, SSN,, etc. Due to the actions of Experian, I have faced socioeconomic discrimination in regard to credit transactions and I have been injured by the furnishings ( of my non-public personal information provided to financial institution and others ) of the respondent. I have been denied credit and access to my human right of realization pursuant to 42 USC 1981. Pursuant to 15 USC 1681b Permissible Purposes ( 2 ), the respondent was never granted written consent. If in any way the respondent was granted written consent, it was granted to the respondent by way of extrinsic fraud and I the consumer rescind the respondent 's authority. Per the FCRA, the term consumer report does not include : Any report containing information solely about transactions or experiences between the consumer and the institution making the report any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device. These actions have caused socioeconomic discrimination against me for I have been denied credit transactions due to the furnishing of the respondent. I the consumer has never received a privacy notice. Privacy notices must be clear and conspicuous, meaning they must be reasonably understandable and designed to call attention to the nature and significance of the information contained in the notice. The regulation does not prescribe specific methods for making a notice clear and conspicuous but does provide examples of ways in which to achieve the standard, such as the use of short explanatory sentences or bullet lists and the use of plain-language headings and easily readable typeface and type size. Privacy notices also must accurately reflect the institutions privacy practices per Regulation P - Privacy of Consumer Financial Information. I would hope they heavily consider their oath whereas it states \" I solemnly swear that I will support the Constitution of the United States, that I will faithfully discharge the duties of the office of attorney, and that I will conduct myself at all times with integrity and civility. '' Any action against this oath is misconduct and actionable per se.The 3rd parties who received this information are Experian, XXXX, and XXXX. As the consumer I feel betrayed and mislead that this was taking place without my knowledge and most importantly my consent. These unfair and misleading practices have caused me both emotional and physical harm. I have made attempts to do business with other banks only to be told that they can not proceed with opening a bank account in my name due to reports received and the system not allowing them to move forward.. This is a violation of Privacy Act of XXXX - establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifier assigned to the individual. The Privacy Act requires that agencies give the public notice of their systems of records by publication in the Federal Register. The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to one of twelve statutory exceptions. The Act also provides individuals with a means by which to seek access to and amendment of their records, and sets forth various agency record-keeping requirements. Fair Credit Reporting Act - The Act ( Title VI of the Consumer Credit Protection Act ) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report can not be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The Fair and Accurate Credit Transactions Act added many provisions to this Act primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau most of the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains all its enforcement authority. 15 U.S. Code 1681- Congressional findings and statement of purpose - Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 15 U.S. Code 6801 - Protection of nonpublic personal information- ( a ) Privacy obligation policy : It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. ( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information - Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title : ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. ( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. ( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer. \n( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of XXXX [ 12 U.S.C. 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to subchapter XXXX of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law. 15 U.S. Code 6803 - Disclosure of institution privacy policy- ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers. ( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title. ( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to nonaffiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title.\n\n( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer. ( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section. ( 3 ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the District of Columbia, XXXX XXXX, XXXX, XXXX XXXX, the XXXX XXXX XXXX XXXX  XXXX XXXX, the XXXX XXXX, or the XXXX XXXX XXXX. ( e ) Model forms ( 1 ) In general The agencies referred to in section 6804 ( a ) ( 1 ) of this title shall jointly develop a model form which may be used, at the option of the financial institution, for the provision of disclosures under this section. ( 2 ) Format A model form developed under paragraph ( 1 ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font. ( 3 ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX. ( XXXX ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. ( f ) Exception to annual notice requirement A financial institution that ( 1 ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( 2 ) or ( e ) of section 6802 of this title or regulations prescribed under section 6804 ( b ) of this title, and ( 2 ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( 1 ) or ( 2 ). 15 U.S. Code 6804 - Rulemaking - ( a ) Regulatory authority ( 1 ) Rulemaking ( A ) In general Except as provided in subparagraph ( C ), the Bureau of Consumer Financial Protection and the Securities and Exchange Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to their respective jurisdiction under section 6805 of this title ( and notwithstanding subtitle B of the Consumer Financial Protection Act of XXXX [ 12 U.S.C. 5511 et seq. ] ), except that the Bureau of Consumer Financial Protection shall not have authority to prescribe regulations with respect to the standards under section 6801 of this title.\n\n( B ) CFTC The Commodity Futures Trading Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to the jurisdiction of the Commodity Futures Trading Commission under section 7b2 of title 7. ( C ) Federal Trade Commission authority Notwithstanding the authority of the Bureau of Consumer Financial Protection under subparagraph ( A ), the Federal Trade Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to any financial institution that is a person described in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ]. ( D ) Rule of construction Nothing in this paragraph shall be construed to alter, affect, or otherwise limit the authority of a State insurance authority to adopt regulations to carry out this subchapter. ( 2 ) Coordination, consistency, and comparability Each of the agencies authorized under paragraph ( 1 ) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with [ 1 ] representatives of State insurance authorities designated by the National Association of Insurance Commissioners, for the purpose of assuring, to the extent possible, that the regulations prescribed by each such agency are consistent and comparable with the regulations prescribed by the other such agencies. ( 3 ) Procedures and deadline Such regulations shall be prescribed in accordance with applicable requirements of title 5. ( b ) Authority to grant exceptions The regulations prescribed under subsection ( a ) may include such additional exceptions to subsections ( a ) through ( d ) of section 6802 of this title as are deemed consistent with the purposes of this subchapter. 15 U.S. Code 6805 - Enforcement - ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Under section 1818 of title 12, by the appropriate Federal banking agency, as defined in section 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries or affiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ). ( 2 ) Under the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Board of the National Credit Union Administration with respect to any federally insured credit union, and any subsidiaries of such an entity. ( 3 ) Under the Securities Exchange Act of XXXX [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer.\n\n( 4 ) Under the Investment Company Act of 1940 [ 15 U.S.C. 80a1 et seq. ], by the Securities and Exchange Commission with respect to investment companies. ( 5 ) Under the Investment Advisers Act of XXXX [ 15 U.S.C. 80b1 et seq. ], by the Securities and Exchange Commission with respect to investment advisers registered with the Commission under such Act. ( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled, subject to section 6701 of this title. ( 7 ) Under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq. ], by the Federal Trade Commission for any other financial institution or other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection. ( 8 ) Under subtitle E of the Consumer Financial Protection Act of XXXX [ 12 U.S.C. 5561 et seq. ], by the Bureau of Consumer Financial Protection, in the case of any financial institution and other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards under section 6801 of this title. ( b ) Enforcement of section 6801 ( 1 ) In general Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau of Consumer Financial Protection, shall implement the standards prescribed under section 6801 ( b ) of this title in the same manner, to the extent practicable, as standards prescribed pursuant to section 1831p1 ( a ) of title 12 are implemented pursuant to such section. ( 2 ) Exception The agencies and authorities described in paragraphs ( 3 ), ( 4 ), ( 5 ), ( 6 ), and ( 7 ) of subsection ( a ) shall implement the standards prescribed under section 6801 ( b ) of this title by rule with respect to the financial institutions and other persons subject to their respective jurisdictions under subsection ( a ). ( c ) Absence of State action If a State insurance authority fails to adopt regulations to carry out this subchapter, such State shall not be eligible to override, pursuant to section 1831x ( g ) ( 2 ) ( B ) ( iii ) of title 12, the insurance customer protection regulations prescribed by a Federal banking agency under section 1831x ( a ) of title 12. ( d ) Definitions The terms used in subsection ( a ) ( 1 ) that are not defined in this subchapter or otherwise defined in section 1813 ( s ) of title 12 shall have the same meaning as given in section 3101 of title 12. 16 CFR Part 313 - PART 313PRIVACY OF CONSUMER FINANCIAL INFORMATION. 16 CFR 433.1 - Definitions. 16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices- In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. Or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of 433.2 ( a ). - ( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract.","date_sent_to_company":"2024-02-02T18:03:10.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"23225","tags":null,"has_narrative":true,"complaint_id":"8274913","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-02-02T17:42:42.000Z","state":"VA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money <em>loan</em> ( as purchase money <em>loan</em> is defined herein ), unless any consumer credit contract made in connection with such purchase money <em>loan</em> contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF"]},"sort":[5.761776,"8274913"]},{"_index":"complaint-public-v1","_id":"8274805","_score":5.761776,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I have never given Transunion written permission to have nor share my financial information which consist of my transaction history ( It is against the law to share transaction history- that is ILLEGAL ), opening of my accounts, types of accounts, full name, address, phone #, SSN,, etc. Due to the actions of Transunion, I have faced socioeconomic discrimination in regard to credit transactions and I have been injured by the furnishings ( of my non-public personal information provided to financial institution and others ) of the respondent. I have been denied credit and access to my human right of realization pursuant to 42 USC 1981. Pursuant to 15 USC 1681b Permissible Purposes ( 2 ), the respondent was never granted written consent. If in any way the respondent was granted written consent, it was granted to the respondent by way of extrinsic fraud and I the consumer rescind the respondent 's authority. Per the FCRA, the term consumer report does not include : Any report containing information solely about transactions or experiences between the consumer and the institution making the report any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device. These actions have caused socioeconomic discrimination against me for I have been denied credit transactions due to the furnishing of the respondent. I the consumer has never received a privacy notice. Privacy notices must be clear and conspicuous, meaning they must be reasonably understandable and designed to call attention to the nature and significance of the information contained in the notice. The regulation does not prescribe specific methods for making a notice clear and conspicuous but does provide examples of ways in which to achieve the standard, such as the use of short explanatory sentences or bullet lists and the use of plain-language headings and easily readable typeface and type size. Privacy notices also must accurately reflect the institutions privacy practices per Regulation P - Privacy of Consumer Financial Information. I would hope they heavily consider their oath whereas it states \" I solemnly swear that I will support the Constitution of the United States, that I will faithfully discharge the duties of the office of attorney, and that I will conduct myself at all times with integrity and civility. '' Any action against this oath is misconduct and actionable per se.The 3rd parties who received this information are Banks, Employers, etc. As the consumer I feel betrayed and mislead that this was taking place without my knowledge and most importantly my consent. These unfair and misleading practices have caused me both emotional and physical harm. I have made attempts to do business with other banks only to be told that they can not proceed with opening a bank account in my name due to reports received and the system not allowing them to move forward.. This is a violation of Privacy Act of XXXX  - establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifier assigned to the individual. The Privacy Act requires that agencies give the public notice of their systems of records by publication in the Federal Register. The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to one of twelve statutory exceptions. The Act also provides individuals with a means by which to seek access to and amendment of their records, and sets forth various agency record-keeping requirements. Fair Credit Reporting Act - The Act ( Title VI of the Consumer Credit Protection Act ) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report can not be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The Fair and Accurate Credit Transactions Act added many provisions to this Act primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau most of the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains all its enforcement authority. 15 U.S. Code 1681- Congressional findings and statement of purpose - Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 15 U.S. Code 6801 - Protection of nonpublic personal information- ( a ) Privacy obligation policy : It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. ( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information - Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title : ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. ( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. ( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S.C. 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law. 15 U.S. Code 6803 - Disclosure of institution privacy policy- ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers. ( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title. ( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to nonaffiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title.\n\n( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer. ( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section. ( XXXX ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the DXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX. ( XXXX ) Model forms ( XXXX ) In general The agencies referred to in section XXXX ( a ) ( XXXX ) of this title shall jointly develop a model form which XXXX be used, at the option of the financial institution, for the provision of disclosures under this section. ( XXXX ) Format A model form developed under paragraph ( XXXX ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font. ( XXXX ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX. ( XXXX ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. ( f ) Exception to annual notice requirement A financial institution that ( XXXX ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( 2 ) or ( e ) of section 6802 of this title or regulations prescribed under section 6804 ( b ) of this title, and ( 2 ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( 1 ) or ( 2 ). 15 U.S. Code 6804 - Rulemaking - ( a ) Regulatory authority ( 1 ) Rulemaking ( A ) In general Except as provided in subparagraph ( C ), the Bureau of Consumer Financial Protection and the Securities and Exchange Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to their respective jurisdiction under section 6805 of this title ( and notwithstanding subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ] ), except that the Bureau of Consumer Financial Protection shall not have authority to prescribe regulations with respect to the standards under section 6801 of this title.\n\n( B ) CFTC The Commodity Futures Trading Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to the jurisdiction of the Commodity Futures Trading Commission under section 7b2 of title 7. ( C ) Federal Trade Commission authority Notwithstanding the authority of the Bureau of Consumer Financial Protection under subparagraph ( A ), the Federal Trade Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to any financial institution that is a person described in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ]. ( D ) Rule of construction Nothing in this paragraph shall be construed to alter, affect, or otherwise limit the authority of a State insurance authority to adopt regulations to carry out this subchapter. ( 2 ) Coordination, consistency, and comparability Each of the agencies authorized under paragraph ( 1 ) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with [ 1 ] representatives of State insurance authorities designated by the National Association of Insurance Commissioners, for the purpose of assuring, to the extent possible, that the regulations prescribed by each such agency are consistent and comparable with the regulations prescribed by the other such agencies. ( 3 ) Procedures and deadline Such regulations shall be prescribed in accordance with applicable requirements of title 5. ( b ) Authority to grant exceptions The regulations prescribed under subsection ( a ) may include such additional exceptions to subsections ( a ) through ( d ) of section 6802 of this title as are deemed consistent with the purposes of this subchapter. 15 U.S. Code 6805 - Enforcement - ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Under section 1818 of title 12, by the appropriate Federal banking agency, as defined in section 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries or affiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ). ( 2 ) Under the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Board of the National Credit Union Administration with respect to any federally insured credit union, and any subsidiaries of such an entity. ( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer.\n\n( 4 ) Under the Investment Company Act of 1940 [ 15 U.S.C. 80a1 et seq. ], by the Securities and Exchange Commission with respect to investment companies. ( 5 ) Under the Investment Advisers Act of 1940 [ 15 U.S.C. 80b1 et seq. ], by the Securities and Exchange Commission with respect to investment advisers registered with the Commission under such Act. ( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled, subject to section 6701 of this title. ( 7 ) Under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq. ], by the Federal Trade Commission for any other financial institution or other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection. ( 8 ) Under subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau of Consumer Financial Protection, in the case of any financial institution and other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards under section 6801 of this title. ( b ) Enforcement of section 6801 ( 1 ) In general Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau of Consumer Financial Protection, shall implement the standards prescribed under section 6801 ( b ) of this title in the same manner, to the extent practicable, as standards prescribed pursuant to section 1831p1 ( a ) of title 12 are implemented pursuant to such section. ( 2 ) Exception The agencies and authorities described in paragraphs ( 3 ), ( 4 ), ( 5 ), ( 6 ), and ( 7 ) of subsection ( a ) shall implement the standards prescribed under section 6801 ( b ) of this title by rule with respect to the financial institutions and other persons subject to their respective jurisdictions under subsection ( a ). ( c ) Absence of State action If a State insurance authority fails to adopt regulations to carry out this subchapter, such State shall not be eligible to override, pursuant to section 1831x ( g ) ( 2 ) ( B ) ( iii ) of title 12, the insurance customer protection regulations prescribed by a Federal banking agency under section 1831x ( a ) of title 12. ( d ) Definitions The terms used in subsection ( a ) ( 1 ) that are not defined in this subchapter or otherwise defined in section 1813 ( s ) of title 12 shall have the same meaning as given in section 3101 of title 12. 16 CFR Part 313 - PART 313PRIVACY OF CONSUMER FINANCIAL INFORMATION. 16 CFR 433.1 - Definitions. 16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices- In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. Or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. XXXX XXXX XXXX - XXXX of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of XXXX ( a ). - ( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of XXXX CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract.","date_sent_to_company":"2024-02-02T18:19:56.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"23225","tags":null,"has_narrative":true,"complaint_id":"8274805","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-02-02T18:16:31.000Z","state":"VA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money <em>loan</em> ( as purchase money <em>loan</em> is defined herein ), unless any consumer credit contract made in connection with such purchase money <em>loan</em> contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF"]},"sort":[5.761776,"8274805"]},{"_index":"complaint-public-v1","_id":"8232654","_score":5.734592,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I have never given Westlake Financial Services written permission to share my bank information which consist of my transaction history ( It is against the law to share transaction history- that is ILLEGAL ), opening of my accounts, types of accounts, full name, address, phone #, SSN,, etc. Due to the actions of Westlake Financial Services, I have faced socioeconomic discrimination in regard to credit transactions and I have been injured by the furnishings ( of my non-public personal information provided to a financial institution ) of the respondent. I have been denied credit and access to my human right of realization pursuant to 42 USC 1981. Pursuant to 15 USC 1681b Permissible Purposes ( 2 ), the respondent was never granted written consent. If in any way the respondent was granted written consent, it was granted to the respondent by way of extrinsic fraud and I the consumer rescind the respondent 's authority. Per the FCRA, the term consumer report does not include : Any report containing information solely about transactions or experiences between the consumer and the institution making the report any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device. Westlake Financial Services has furnished my transaction history to credit reporting agencies. These actions have caused socioeconomic discrimination against me for I have been denied credit transactions due to the furnishing of the respondent. I the consumer has never received a privacy notice. Privacy notices must be clear and conspicuous, meaning they must be reasonably understandable and designed to call attention to the nature and significance of the information contained in the notice. The regulation does not prescribe specific methods for making a notice clear and conspicuous but does provide examples of ways in which to achieve the standard, such as the use of short explanatory sentences or bullet lists and the use of plain-language headings and easily readable typeface and type size. Privacy notices also must accurately reflect the institutions privacy practices per Regulation P - Privacy of Consumer Financial Information. I would hope they heavily consider their oath whereas it states \" I solemnly swear that I will support the Constitution of the United States, that I will faithfully discharge the duties of the office of attorney, and that I will conduct myself at all times with integrity and civility. '' Any action against this oath is misconduct and actionable per se.The 3rd parties who received this information are XXXX, XXXX, and XXXX. As the consumer I feel betrayed and mislead that this was taking place without my knowledge and most importantly my consent. These unfair and misleading practices have caused me both emotional and physical harm. I have made attempts to do business with other banks only to be told that they can not proceed with opening a bank account in my name due to reports received and the system not allowing them to move forward.. This is a violation of Privacy Act of 1974 - establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of information about individuals that is maintained in systems of records by federal agencies. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifier assigned to the individual. The Privacy Act requires that agencies give the public notice of their systems of records by publication in the Federal Register. The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual, unless the disclosure is pursuant to one of twelve statutory exceptions. The Act also provides individuals with a means by which to seek access to and amendment of their records, and sets forth various agency record-keeping requirements. Fair Credit Reporting Act - The Act ( Title VI of the Consumer Credit Protection Act ) protects information collected by consumer reporting agencies such as credit bureaus, medical information companies and tenant screening services. Information in a consumer report can not be provided to anyone who does not have a purpose specified in the Act. Companies that provide information to consumer reporting agencies also have specific legal obligations, including the duty to investigate disputed information. In addition, users of the information for credit, insurance, or employment purposes must notify the consumer when an adverse action is taken on the basis of such reports. The Fair and Accurate Credit Transactions Act added many provisions to this Act primarily relating to record accuracy and identity theft. The Dodd-Frank Act transferred to the Consumer Financial Protection Bureau most of the rulemaking responsibilities added to this Act by the Fair and Accurate Credit Transactions Act and the Credit CARD Act, but the Commission retains all its enforcement authority. 15 U.S. Code 1681- Congressional findings and statement of purpose - Accuracy and fairness of credit reporting. The Congress makes the following findings : ( 1 ) The banking system is dependent upon fair and accurate credit reporting. Inaccurate credit reports directly impair the efficiency of the banking system, and unfair credit reporting methods undermine the public confidence which is essential to the continued functioning of the banking system. ( 2 ) An elaborate mechanism has been developed for investigating and evaluating the credit worthiness, credit standing, credit capacity, character, and general reputation of consumers. ( 3 ) Consumer reporting agencies have assumed a vital role in assembling and evaluating consumer credit and other information on consumers. ( 4 ) There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. 15 U.S. Code 6801 - Protection of nonpublic personal information- ( a ) Privacy obligation policy : It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. ( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information - Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title : ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. ( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information. ( c ) Limits on reuse of information Except as otherwise provided in this subchapter, a nonaffiliated third party that receives from a financial institution nonpublic personal information under this section shall not, directly or through an affiliate of such receiving third party, disclose such information to any other person that is a nonaffiliated third party of both the financial institution and such receiving third party, unless such disclosure would be lawful if made directly to such other person by the financial institution. ( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer.\n\n( e ) General exceptions Subsections ( a ) and ( b ) shall not prohibit the disclosure of nonpublic personal information ( 1 ) as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer, or in connection with ( A ) servicing or processing a financial product or service requested or authorized by the consumer ; ( B ) maintaining or servicing the consumers account with the financial institution, or with another entity as part of a private label credit card program or other extension of credit on behalf of such entity ; or ( C ) a proposed or actual securitization, secondary market sale ( including sales of servicing rights ), or similar transaction related to a transaction of the consumer ; ( 2 ) with the consent or at the direction of the consumer ; ( 3 ) ( A ) to protect the confidentiality or security of the financial institutions records pertaining to the consumer, the service or product, or the transaction therein ; ( B ) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability ; ( C ) for required institutional risk control, or for resolving customer disputes or inquiries ; ( D ) to persons holding a legal or beneficial interest relating to the consumer ; or ( E ) to persons acting in a fiduciary or representative capacity on behalf of the consumer ; ( 4 ) to provide information to insurance rate advisory organizations, guaranty funds or agencies, applicable rating agencies of the financial institution, persons assessing the institutions compliance with industry standards, and the institutions attorneys, accountants, and auditors ; ( 5 ) to the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978 [ 12 U.S.C. 3401 et seq. ], to law enforcement agencies ( including the Bureau of Consumer Financial Protection [ 1 ] a Federal functional regulator, the Secretary of the Treasury with respect to subchapter II of chapter 53 of title 31, and chapter 2 of title I of Public Law 91508 ( 12 U.S.C. 19511959 ), a State insurance authority, or the Federal Trade Commission ), self-regulatory organizations, or for an investigation on a matter related to public safety ; ( 6 ) ( A ) to a consumer reporting agency in accordance with the Fair Credit Reporting Act [ 15 U.S.C. 1681 et seq. ], or ( B ) from a consumer report reported by a consumer reporting agency ; ( 7 ) in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit if the disclosure of nonpublic personal information concerns solely consumers of such business or unit; or ( 8 ) to comply with Federal, State, or local laws, rules, and other applicable legal requirements ; to comply with a properly authorized civil, criminal, or regulatory investigation or subpoena or summons by Federal, State, or local authorities ; or to respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance, or other purposes as authorized by law. 15 U.S. Code 6803 - Disclosure of institution privacy policy- ( a ) Disclosure required At the time of establishing a customer relationship with a consumer and not less than annually during the continuation of such relationship, a financial institution shall provide a clear and conspicuous disclosure to such consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, of such financial institutions policies and practices with respect to ( 1 ) disclosing nonpublic personal information to affiliates and nonaffiliated third parties, consistent with section 6802 of this title, including the categories of information that may be disclosed ; ( 2 ) disclosing nonpublic personal information of persons who have ceased to be customers of the financial institution; and ( 3 ) protecting the nonpublic personal information of consumers. ( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title. ( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to nonaffiliated third parties, other than agents of the institution, consistent with section 6802 of this title, and including ( A ) the categories of persons to whom the information is or may be disclosed, other than the persons to whom the information may be provided pursuant to section 6802 ( e ) of this title ; and ( B ) the policies and practices of the institution with respect to disclosing of nonpublic personal information of persons who have ceased to be customers of the financial institution ; ( 2 ) the categories of nonpublic personal information that are collected by the financial institution ; ( 3 ) the policies that the institution maintains to protect the confidentiality and security of nonpublic personal information in accordance with section 6801 of this title ; and ( 4 ) the disclosures required, if any, under section 1681a ( d ) ( 2 ) ( A ) ( iii ) of this title.\n\n( d ) Exemption for certified public accountants ( 1 ) In general The disclosure requirements of subsection ( a ) do not apply to any person, to the extent that the person is ( A ) a certified public accountant ; ( B ) certified or licensed for such purpose by a State ; and ( C ) subject to any provision of law, rule, or regulation issued by a legislative or regulatory body of the State, including rules of professional conduct or ethics, that prohibits disclosure of nonpublic personal information without the knowing and expressed consent of the consumer. ( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section. ( 3 ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, or the Northern Mariana Islands. ( e ) Model forms ( 1 ) In general The agencies referred to in section 6804 ( a ) ( 1 ) of this title shall jointly develop a model form which may be used, at the option of the financial institution, for the provision of disclosures under this section. ( 2 ) Format A model form developed under paragraph ( 1 ) shall ( A ) be comprehensible to consumers, with a clear format and design ; ( B ) provide for clear and conspicuous disclosures ; ( C ) enable consumers easily to identify the sharing practices of a financial institution and to compare privacy practices among financial institutions ; and ( D ) be succinct, and use an easily readable type font. ( 3 ) Timing A model form required to be developed by this subsection shall be issued in proposed form for public comment not later than 180 days after XX/XX/XXXX. ( 4 ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section. ( f ) Exception to annual notice requirement A financial institution that ( 1 ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( 2 ) or ( e ) of section 6802 of this title or regulations prescribed under section 6804 ( b ) of this title, and ( 2 ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( 1 ) or ( 2 ). 15 U.S. Code 6804 - Rulemaking - ( a ) Regulatory authority ( 1 ) Rulemaking ( A ) In general Except as provided in subparagraph ( C ), the Bureau of Consumer Financial Protection and the Securities and Exchange Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to their respective jurisdiction under section 6805 of this title ( and notwithstanding subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ] ), except that the Bureau of Consumer Financial Protection shall not have authority to prescribe regulations with respect to the standards under section 6801 of this title.\n\n( B ) CFTC The Commodity Futures Trading Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to financial institutions and other persons subject to the jurisdiction of the Commodity Futures Trading Commission under section 7b2 of title 7. ( C ) Federal Trade Commission authority Notwithstanding the authority of the Bureau of Consumer Financial Protection under subparagraph ( A ), the Federal Trade Commission shall have authority to prescribe such regulations as may be necessary to carry out the purposes of this subchapter with respect to any financial institution that is a person described in section 1029 ( a ) of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5519 ( a ) ]. ( D ) Rule of construction Nothing in this paragraph shall be construed to alter, affect, or otherwise limit the authority of a State insurance authority to adopt regulations to carry out this subchapter. ( 2 ) Coordination, consistency, and comparability Each of the agencies authorized under paragraph ( 1 ) to prescribe regulations shall consult and coordinate with the other such agencies and, as appropriate, and with [ 1 ] representatives of State insurance authorities designated by the XXXX XXXX XXXX XXXX XXXX, for the purpose of assuring, to the extent possible, that the regulations prescribed by each such agency are consistent and comparable with the regulations prescribed by the other such agencies. ( 3 ) Procedures and deadline Such regulations shall be prescribed in accordance with applicable requirements of title 5. ( b ) Authority to grant exceptions The regulations prescribed under subsection ( a ) may include such additional exceptions to subsections ( a ) through ( d ) of section 6802 of this title as are deemed consistent with the purposes of this subchapter. 15 U.S. Code 6805 - Enforcement - ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law, as follows : ( 1 ) Under section 1818 of title 12, by the appropriate Federal banking agency, as defined in section 1813 ( q ) of title 12, in the case of ( A ) national banks, Federal branches and Federal agencies of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( B ) member banks of the Federal Reserve System ( other than national banks ), branches and agencies of foreign banks ( other than Federal branches, Federal agencies, and insured State branches of foreign banks ), commercial lending companies owned or controlled by foreign banks, organizations operating under section 25 or 25A of the Federal Reserve Act [ 12 U.S.C. 601 et seq., 611 et seq. ], and bank holding companies and their nonbank subsidiaries or affiliates ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; ( C ) banks insured by the Federal Deposit Insurance Corporation ( other than members of the Federal Reserve System ), insured State branches of foreign banks, and any subsidiaries of such entities ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ) ; and ( D ) savings associations the deposits of which are insured by the Federal Deposit Insurance Corporation, and any subsidiaries of such savings associations ( except brokers, dealers, persons providing insurance, investment companies, and investment advisers ). ( 2 ) Under the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], by the Board of the XXXX XXXX XXXX XXXX with respect to any federally insured credit union, and any subsidiaries of such an entity. ( 3 ) Under the Securities Exchange Act of 1934 [ 15 U.S.C. 78a et seq. ], by the Securities and Exchange Commission with respect to any broker or dealer.\n\n( 4 ) Under the Investment Company Act of 1940 [ 15 U.S.C. 80a1 et seq. ], by the Securities and Exchange Commission with respect to investment companies. ( 5 ) Under the Investment Advisers Act of 1940 [ 15 U.S.C. 80b1 et seq. ], by the Securities and Exchange Commission with respect to investment advisers registered with the Commission under such Act. ( 6 ) Under State insurance law, in the case of any person engaged in providing insurance, by the applicable State insurance authority of the State in which the person is domiciled, subject to section 6701 of this title. ( 7 ) Under the Federal Trade Commission Act [ 15 U.S.C. 41 et seq. ], by the Federal Trade Commission for any other financial institution or other person that is not subject to the jurisdiction of any agency or authority under paragraphs ( 1 ) through ( 6 ) of this subsection. ( 8 ) Under subtitle E of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5561 et seq. ], by the Bureau of Consumer Financial Protection, in the case of any financial institution and other covered person or service provider that is subject to the jurisdiction of the Bureau and any person subject to this subchapter, but not with respect to the standards under section 6801 of this title. ( b ) Enforcement of section 6801 ( 1 ) In general Except as provided in paragraph ( 2 ), the agencies and authorities described in subsection ( a ), other than the Bureau of Consumer Financial Protection, shall implement the standards prescribed under section 6801 ( b ) of this title in the same manner, to the extent practicable, as standards prescribed pursuant to section 1831p1 ( a ) of title 12 are implemented pursuant to such section. ( 2 ) Exception The agencies and authorities described in paragraphs ( 3 ), ( 4 ), ( 5 ), ( 6 ), and ( 7 ) of subsection ( a ) shall implement the standards prescribed under section 6801 ( b ) of this title by rule with respect to the financial institutions and other persons subject to their respective jurisdictions under subsection ( a ). ( c ) Absence of State action If a State insurance authority fails to adopt regulations to carry out this subchapter, such State shall not be eligible to override, pursuant to section 1831x ( g ) ( 2 ) ( B ) ( iii ) of title 12, the insurance customer protection regulations prescribed by a Federal banking agency under section 1831x ( a ) of title 12. ( d ) Definitions The terms used in subsection ( a ) ( 1 ) that are not defined in this subchapter or otherwise defined in section 1813 ( s ) of title 12 shall have the same meaning as given in section 3101 of title 12. 16 CFR Part 313 - PART 313PRIVACY OF CONSUMER FINANCIAL INFORMATION. 16 CFR 433.1 - Definitions. 16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices- In connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE - ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. Or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of 433.2 ( a ). - ( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. ( b ) Definitions. The following definitions apply to this exemption : ( 1 ) All pertinent definitions contained in 16 CFR 433.1. ( 2 ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. ( 3 ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. ( 4 ) Contract which does not cut off consumers ' claims and defenses : A consumer credit contract which does not constitute or contain a negotiable instrument, or contain any waiver, limitation, term, or condition which has the effect of limiting a consumer 's right to assert against any holder of the contract all legally sufficient claims and defenses which the consumer could assert against the seller of goods or services purchased pursuant to the contract.","date_sent_to_company":"2024-01-26T21:33:18.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"23225","tags":null,"has_narrative":true,"complaint_id":"8232654","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Westlake Services, LLC","date_received":"2024-01-26T21:29:21.000Z","state":"VA","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["Or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money <em>loan</em> ( as purchase money <em>loan</em> is defined herein ), unless any consumer credit contract made in connection with such purchase money <em>loan</em> contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF"]},"sort":[5.734592,"8232654"]},{"_index":"complaint-public-v1","_id":"8308091","_score":5.535056,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX continues to report an alleged bankruptcy. I have asked for verification from XXXX that grants them permission to report this information about me. This is my consumer report and the information must be verified by me. XXXX sells consumer information for profit to various companies including the credit bureaus but the law that governs these companies say you need my permission to report this information. You do not have my permission and you do not have my permission to sell my information to anyone. Stop stalling by asking for my ID and SSC when I attach them to the complaint. Delete this bankruptcy. \n\n( 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.\n\n( 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.\n\n( c ) Disclosure of consumer reports by users allowed A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report.\n\n( d ) Notice to users and furnishers of information ( 1 ) Notice requirement A consumer reporting agency shall provide to any person ( A ) who regularly and in the ordinary course of business furnishes information to the agency with respect to any consumer ; or ( B ) to whom a consumer report is provided by the agency ; a notice of such persons responsibilities under this subchapter.\n\n( 2 ) Content of notice The Bureau shall prescribe the content of notices under paragraph ( 1 ), and a consumer reporting agency shall be in compliance with this subsection if it provides a notice under paragraph ( 1 ) that is substantially similar to the Bureau prescription under this paragraph.\n\n( e ) Procurement of consumer report for resale ( 1 ) Disclosure A person may not procure a consumer report for purposes of reselling the report ( or any information in the report ) unless the person discloses to the consumer reporting agency that originally furnishes the report ( A ) the identity of the end-user of the report ( or information ) ; and ( B ) each permissible purpose under section 1681b of this title for which the report is furnished to the end-user of the report ( or information ).\n\n( 2 ) Responsibilities of procurers for resale A person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall ( A ) establish and comply with reasonable procedures designed to ensure that the report ( or information ) is resold by the person only for a purpose for which the report may be furnished under section 1681b of this title, including by requiring that each person to which the report ( or information ) is resold and that resells or provides the report ( or information ) to any other person ( i ) identifies each end user of the resold report ( or information ) ; ( ii ) certifies each purpose for which the report ( or information ) will be used ; and ( iii ) certifies that the report ( or information ) will be used for no other purpose ; and ( B ) before reselling the report, make reasonable efforts to verify the identifications and certifications made under subparagraph ( A ).\n\n( 3 ) Resale of consumer report to a Federal agency or department Notwithstanding paragraph ( 1 ) or ( 2 ), a person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall not disclose the identity of the end-user of the report under paragraph ( 1 ) or ( 2 ) if ( A ) the end user is an agency or department of the United States Government which procures the report from the person for purposes of determining the eligibility of the consumer concerned to receive access or continued access to classified information ( as defined in section 1681b ( b ) ( 4 ) ( E ) ( i ) [ 1 ] of this title ) ; and ( B ) the agency or department certifies in writing to the person reselling the report that nondisclosure is necessary to protect classified information or the safety of persons employed by or contracting with, or undergoing investigation for work or contracting with the agency or department.\n\n( a ) Information on file ; sources ; report recipients Every consumer reporting agency shall, upon request, and subject to section 1681h ( a ) ( 1 ) of this title, clearly and accurately disclose to the consumer : ( 1 ) All information in the consumers file at the time of the request, except that ( A ) if the consumer to whom the file relates requests that the first 5 digits of the social security number ( or similar identification number ) of the consumer not be included in the disclosure and the consumer reporting agency has received appropriate proof of the identity of the requester, the consumer reporting agency shall so truncate such number in such disclosure; and ( B ) nothing in this paragraph shall be construed to require a consumer reporting agency to disclose to a consumer any information concerning credit scores or any other risk scores or predictors relating to the consumer.\n\n( 2 ) The sources of the information ; except that the sources of information acquired solely for use in preparing an investigative consumer report and actually used for no other purpose need not be disclosed : Provided, That in the event an action is brought under this subchapter, such sources shall be available to the plaintiff under appropriate discovery procedures in the court in which the action is brought.\n\n( 3 ) ( A ) Identification of each person ( including each end-user identified under section 1681e ( e ) ( 1 ) of this title ) that procured a consumer report ( i ) for employment purposes, during the 2-year period preceding the date on which the request is made ; or ( ii ) for any other purpose, during the 1-year period preceding the date on which the request is made.\n\n( B ) An identification of a person under subparagraph ( A ) shall include ( i ) the name of the person or, if applicable, the trade name ( written in full ) under which such person conducts business ; and ( ii ) upon request of the consumer, the address and telephone number of the person.\n\n( C ) Subparagraph ( A ) does not apply if ( i ) the end user is an agency or department of the United States Government that procures the report from the person for purposes of determining the eligibility of the consumer to whom the report relates to receive access or continued access to classified information ( as defined in section 1681b ( b ) ( 4 ) ( E ) ( i ) [ 1 ] of this title ) ; and ( ii ) the head of the agency or department makes a written finding as prescribed under section 1681b ( b ) ( 4 ) ( A ) of this title.\n\n( 4 ) The dates, original payees, and amounts of any checks upon which is based any adverse characterization of the consumer, included in the file at the time of the disclosure.\n\n( 5 ) A record of all inquiries received by the agency during the 1-year period preceding the request that identified the consumer in connection with a credit or insurance transaction that was not initiated by the consumer.\n\n( 6 ) If the consumer requests the credit file and not the credit score, a statement that the consumer may request and obtain a credit score.\n\n( b ) Exempt information The requirements of subsection ( a ) respecting the disclosure of sources of information and the recipients of consumer reports do not apply to information received or consumer reports furnished prior to the effective date of this subchapter except to the extent that the matter involved is contained in the files of the consumer reporting agency on that date.\n\n( c ) Summary of rights to obtain and dispute information in consumer reports and to obtain credit scores ( 1 ) Commission [ 2 ] summary of rights required ( A ) In general The Commission2 shall prepare a model summary of the rights of consumers under this subchapter.\n\n( B ) Content of summary The summary of rights prepared under subparagraph ( A ) shall include a description of ( i ) the right of a consumer to obtain a copy of a consumer report under subsection ( a ) from each consumer reporting agency ; ( ii ) the frequency and circumstances under which a consumer is entitled to receive a consumer report without charge under section 1681j of this title ; ( iii ) the right of a consumer to dispute information in the file of the consumer under section 1681i of this title ; ( iv ) the right of a consumer to obtain a credit score from a consumer reporting agency, and a description of how to obtain a credit score ; ( v ) the method by which a consumer can contact, and obtain a consumer report from, a consumer reporting agency without charge, as provided in the regulations of the Bureau prescribed under section 211 ( c ) 1 of the Fair and Accurate Credit Transactions Act of 2003 ; and ( vi ) the method by which a consumer can contact, and obtain a consumer report from, a consumer reporting agency described in section 1681a ( w ) 1 of this title, as provided in the regulations of the Bureau prescribed under section 1681j ( a ) ( 1 ) ( C ) of this title.\n\n( C ) Availability of summary of rights The Commission2 shall ( i ) actively publicize the availability of the summary of rights prepared under this paragraph ; ( ii ) conspicuously post on its Internet website the availability of such summary of rights ; and ( iii ) promptly make such summary of rights available to consumers, on request.\n\n( 2 ) Summary of rights required to be included with agency disclosures A consumer reporting agency shall provide to a consumer, with each written disclosure by the agency to the consumer under this section ( A ) the summary of rights prepared by the Bureau under paragraph ( 1 ) ; ( B ) in the case of a consumer reporting agency described in section 1681a ( p ) of this title, a toll-free telephone number established by the agency, at which personnel are accessible to consumers during normal business hours ; ( C ) a list of all Federal agencies responsible for enforcing any provision of this subchapter, and the address and any appropriate phone number of each such agency, in a form that will assist the consumer in selecting the appropriate agency ; ( D ) a statement that the consumer may have additional rights under State law, and that the consumer may wish to contact a State or local consumer protection agency or a State attorney general ( or the equivalent thereof ) to learn of those rights ; and ( E ) a statement that a consumer reporting agency is not required to remove accurate derogatory information from the file of a consumer, unless the information is outdated under section 1681c of this title or can not be verified.\n\n( d ) Summary of rights of identity theft victims ( 1 ) In general The Commission,2 in consultation with the Federal banking agencies and the National Credit Union Administration , shall prepare a model summary of the rights of consumers under this subchapter with respect to the procedures for remedying the effects of fraud or identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor.\n\n( 2 ) Summary of rights and contact information Beginning 60 days after the date on which the model summary of rights is prescribed in final form by the Bureau pursuant to paragraph ( 1 ), if any consumer contacts a consumer reporting agency and expresses a belief that the consumer is a victim of fraud or identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor, the consumer reporting agency shall, in addition to any other action that the agency may take, provide the consumer with a summary of rights that contains all of the information required by the Bureau under paragraph ( 1 ), and information on how to contact the Bureau to obtain more detailed information.\n\n( e ) Information available to victims ( 1 ) In general For the purpose of documenting fraudulent transactions resulting from identity theft, not later than 30 days after the date of receipt of a request from a victim in accordance with paragraph ( 3 ), and subject to verification of the identity of the victim and the claim of identity theft in accordance with paragraph ( 2 ), a business entity that has provided credit to, provided for consideration products, goods, or services to, accepted payment from, or otherwise entered into a commercial transaction for consideration with, a person who has allegedly made unauthorized use of the means of identification of the victim, shall provide a copy of application and business transaction records in the control of the business entity, whether maintained by the business entity or by another person on behalf of the business entity, evidencing any transaction alleged to be a result of identity theft to ( A ) the victim ; ( B ) any Federal, State, or local government law enforcement agency or officer specified by the victim in such a request ; or ( C ) any law enforcement agency investigating the identity theft and authorized by the victim to take receipt of records provided under this subsection.\n\n( 2 ) Verification of identity and claim Before a business entity provides any information under paragraph ( 1 ), unless the business entity, at its discretion, otherwise has a high degree of confidence that it knows the identity of the victim making a request under paragraph ( 1 ), the victim shall provide to the business entity ( A ) as proof of positive identification of the victim, at the election of the business entity ( i ) the presentation of a government-issued identification card ; ( ii ) personally identifying information of the same type as was provided to the business entity by the unauthorized person ; or ( iii ) personally identifying information that the business entity typically requests from new applicants or for new transactions, at the time of the victims request for information, including any documentation described in clauses ( i ) and ( ii ) ; and ( B ) as proof of a claim of identity theft, at the election of the business entity ( i ) a copy of a police report evidencing the claim of the victim of identity theft ; and ( ii ) a properly completed ( I ) copy of a standardized affidavit of identity theft developed and made available by the Bureau ; or ( II ) an [ 3 ] affidavit of fact that is acceptable to the business entity for that purpose.\n\n( 3 ) Procedures The request of a victim under paragraph ( 1 ) shall ( A ) be in writing ; ( B ) be mailed to an address specified by the business entity, if any ; and ( C ) if asked by the business entity, include relevant information about any transaction alleged to be a result of identity theft to facilitate compliance with this section including ( i ) if known by the victim ( or if readily obtainable by the victim ), the date of the application or transaction ; and ( ii ) if known by the victim ( or if readily obtainable by the victim ), any other identifying information such as an account or transaction number.\n\n( 4 ) No charge to victim Information required to be provided under paragraph ( 1 ) shall be so provided without charge.\n\n( 5 ) Authority to decline to provide information A business entity may decline to provide information under paragraph ( 1 ) if, in the exercise of good faith, the business entity determines that ( A ) this subsection does not require disclosure of the information ; ( B ) after reviewing the information provided pursuant to paragraph ( 2 ), the business entity does not have a high degree of confidence in knowing the true identity of the individual requesting the information ; ( C ) the request for the information is based on a misrepresentation of fact by the individual requesting the information relevant to the request for information ; or ( D ) the information requested is Internet navigational data or similar information about a persons visit to a website or online service.\n\n( 6 ) Limitation on liability Except as provided in section 1681s of this title, sections 1681n and 1681o of this title do not apply to any violation of this subsection.\n\n( 7 ) Limitation on civil liability No business entity may be held civilly liable under any provision of Federal, State, or other law for disclosure, made in good faith pursuant to this subsection.\n\n( 8 ) No new recordkeeping obligation Nothing in this subsection creates an obligation on the part of a business entity to obtain, retain, or maintain information or records that are not otherwise required to be obtained, retained, or maintained in the ordinary course of its business or under other applicable law.\n\n( 9 ) Rule of construction ( A ) In general No provision of subtitle A of title V of Public Law 106102 [ 15 U.S.C. 6801 et seq. ], prohibiting the disclosure of financial information by a business entity to third parties shall be used to deny disclosure of information to the victim under this subsection.\n\n( B ) Limitation Except as provided in subparagraph ( A ), nothing in this subsection permits a business entity to disclose information, including information to law enforcement under subparagraphs ( B ) and ( C ) of paragraph ( 1 ), that the business entity is otherwise prohibited from disclosing under any other applicable provision of Federal or State law.\n\n( 10 ) Affirmative defense In any civil action brought to enforce this subsection, it is an affirmative defense ( which the defendant must establish by a preponderance of the evidence ) for a business entity to file an affidavit or answer stating that ( A ) the business entity has made a reasonably diligent search of its available business records; and ( B ) the records requested under this subsection do not exist or are not reasonably available.\n\n( 11 ) Definition of victim For purposes of this subsection, the term victim means a consumer whose means of identification or financial information has been used or transferred ( or has been alleged to have been used or transferred ) without the authority of that consumer, with the intent to commit, or to aid or abet, an identity theft or a similar crime.\n\n( 12 ) Effective date This subsection shall become effective 180 days after XX/XX/year>. \n\n( 13 ) Effectiveness study Not later than 18 months after XX/XX/year>, the Comptroller General of the United States shall submit a report to Congress assessing the effectiveness of this provision.\n\n( f ) Disclosure of credit scores ( 1 ) In general Upon the request of a consumer for a credit score, a consumer reporting agency shall supply to the consumer a statement indicating that the information and credit scoring model may be different than the credit score that may be used by the lender, and a notice which shall include ( A ) the current credit score of the consumer or the most recent credit score of the consumer that was previously calculated by the credit reporting agency for a purpose related to the extension of credit ; ( B ) the range of possible credit scores under the model used; ( C ) all of the key factors that adversely affected the credit score of the consumer in the model used, the total number of which shall not exceed 4, subject to paragraph ( 9 ) ; ( D ) the date on which the credit score was created ; and ( E ) the name of the person or entity that provided the credit score or credit file upon which the credit score was created.\n\n( 2 ) Definitions For purposes of this subsection, the following definitions shall apply : ( A ) Credit score The term credit score ( i ) means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default ( and the numerical value or the categorization derived from such analysis may also be referred to as a risk predictor or risk score ) ; and ( ii ) does not include ( I ) any mortgage score or rating of an automated underwriting system that considers one or more factors in addition to credit information, including the loan to value ratio, the amount of down payment, or the financial assets of a consumer ; or ( II ) any other elements of the underwriting process or underwriting decision.\n\n( B ) Key factors The term key factors means all relevant elements or reasons adversely affecting the credit score for the particular individual, listed in the order of their importance based on their effect on the credit score.\n\n( 3 ) Timeframe and manner of disclosure The information required by this subsection shall be provided in the same timeframe and manner as the information described in subsection ( a ).\n\n( 4 ) Applicability to certain uses This subsection shall not be construed so as to compel a consumer reporting agency to develop or disclose a score if the agency does not ( A ) distribute scores that are used in connection with residential real property loans; or ( B ) develop scores that assist credit providers in understanding the general credit behavior of a consumer and predicting the future credit behavior of the consumer.\n\n( 5 ) Applicability to credit scores developed by another person ( A ) In general This subsection shall not be construed to require a consumer reporting agency that distributes credit scores developed by another person or entity to provide a further explanation of them, or to process a dispute arising pursuant to section 1681i of this title, except that the consumer reporting agency shall provide the consumer with the name and address and website for contacting the person or entity who developed the score or developed the methodology of the score.\n\n( B ) Exception This paragraph shall not apply to a consumer reporting agency that develops or modifies scores that are developed by another person or entity.\n\n( 6 ) Maintenance of credit scores not required This subsection shall not be construed to require a consumer reporting agency to maintain credit scores in its files.\n\n( 7 ) Compliance in certain cases In complying with this subsection, a consumer reporting agency shall ( A ) supply the consumer with a credit score that is derived from a credit scoring model that is widely distributed to users by that consumer reporting agency in connection with residential real property loans or with a credit score that assists the consumer in understanding the credit scoring assessment of the credit behavior of the consumer and predictions about the future credit behavior of the consumer; and ( B ) a statement indicating that the information and credit scoring model may be different than that used by the lender.\n\n( 8 ) Fair and reasonable fee A consumer reporting agency may charge a fair and reasonable fee, as determined by the Bureau, for providing the information required under this subsection.\n\n( 9 ) Use of enquiries as a key factor If a key factor that adversely affects the credit score of a consumer consists of the number of enquiries made with respect to a consumer report, that factor shall be included in the disclosure pursuant to paragraph ( 1 ) ( C ) without regard to the numerical limitation in such paragraph.\n\n( g ) Disclosure of credit scores by certain mortgage lenders ( 1 ) In general Any person who makes or arranges loans and who uses a consumer credit score, as defined in subsection ( f ), in connection with an application initiated or sought by a consumer for a closed end loan or the establishment of an open end loan for a consumer purpose that is secured by 1 to 4 units of residential real property ( hereafter in this subsection referred to as the lender ) shall provide the following to the consumer as soon as reasonably practicable : ( A ) Information required under subsection ( f ) ( i ) In general A copy of the information identified in subsection ( f ) that was obtained from a consumer reporting agency or was developed and used by the user of the information.\n\n( ii ) Notice under subparagraph ( D ) In addition to the information provided to it by a third party that provided the credit score or scores, a lender is only required to provide the notice contained in subparagraph ( D ).\n\n( B ) Disclosures in case of automated underwriting system ( i ) In general If a person that is subject to this subsection uses an automated underwriting system to underwrite a loan, that person may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer reporting agency.\n\n( ii ) Numerical credit score However, if a numerical credit score is generated by an automated underwriting system used by an enterprise, and that score is disclosed to the person, the score shall be disclosed to the consumer consistent with subparagraph ( C ).\n\n( iii ) Enterprise defined For purposes of this subparagraph, the term enterprise has the same meaning as in paragraph ( 6 ) of section 4502 of title 12.\n\n( C ) Disclosures of credit scores not obtained from a consumer reporting agency A person that is subject to the provisions of this subsection and that uses a credit score, other than a credit score provided by a consumer reporting agency, may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer reporting agency.\n\n( D ) Notice to home loan applicants A copy of the following notice, which shall include the name, address, and telephone number of each consumer reporting agency providing a credit score that was used : notice to the home loan applicant In connection with your application for a home loan, the lender must disclose to you the score that a consumer reporting agency distributed to users and the lender used in connection with your home loan, and the key factors affecting your credit scores.\n\nThe credit score is a computer generated summary calculated at the time of the request and based on information that a consumer reporting agency or lender has on file. The scores are based on data about your credit history and payment patterns. Credit scores are important because they are used to assist the lender in determining whether you will obtain a loan. They may also be used to determine what interest rate you may be offered on the mortgage. Credit scores can change over time, depending on your conduct, how your credit history and payment patterns change, and how credit scoring technologies change.\n\nBecause the score is based on information in your credit history, it is very important that you review the credit-related information that is being furnished to make sure it is accurate. Credit records may vary from one company to another.\n\nIf you have questions about your credit score or the credit information that is furnished to you, contact the consumer reporting agency at the address and telephone number provided with this notice, or contact the lender, if the lender developed or generated the credit score. The consumer reporting agency plays no part in the decision to take any action on the loan application and is unable to provide you with specific reasons for the decision on a loan application.\n\nIf you have questions concerning the terms of the loan, contact the lender..\n\n( E ) Actions not required under this subsection This subsection shall not require any person to ( i ) explain the information provided pursuant to subsection ( f ) ; ( ii ) disclose any information other than a credit score or key factors, as defined in subsection ( f ) ; ( iii ) disclose any credit score or related information obtained by the user after a loan has closed ; ( iv ) provide more than 1 disclosure per loan transaction ; or ( v ) provide the disclosure required by this subsection when another person has made the disclosure to the consumer for that loan transaction.\n\n( F ) No obligation for content ( i ) In general The obligation of any person pursuant to this subsection shall be limited solely to providing a copy of the information that was received from the consumer reporting agency.\n\n( ii ) Limit on liability No person has liability under this subsection for the content of that information or for the omission of any information within the report provided by the consumer reporting agency.\n\n( G ) Person defined as excluding enterprise As used in this subsection, the term person does not include an enterprise ( as defined in paragraph ( 6 ) of section 4502 of title 12 ).\n\n( 2 ) Prohibition on disclosure clauses null and void ( A ) In general Any provision in a contract that prohibits the disclosure of a credit score by a person who makes or arranges loans or a consumer reporting agency is void.\n\n( B ) No liability for disclosure under this subsection A lender shall not have liability under any contractual provision for disclosure of a credit score pursuant to this subsection.","date_sent_to_company":"2024-02-09T03:40:33.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"600XX","tags":null,"has_narrative":true,"complaint_id":"8308091","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-02-09T03:40:28.000Z","state":"IL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["( B ) <em>Exception</em> This paragraph shall not <em>apply</em> to a consumer reporting agency that develops or modifies scores that are developed by another person or entity.\n\n( 6 ) Maintenance of credit scores not required This subsection shall not be construed to require a consumer reporting agency to maintain credit scores in its files."]},"sort":[5.535056,"8308091"]},{"_index":"complaint-public-v1","_id":"8308013","_score":5.535056,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"LexisNexis continues to report an alleged bankruptcy. I have asked for verification from LexisNexis that grants them permission to report this information about me. This is my consumer report and the information must be verified by me. LexisNexis sells consumer information for profit to various companies including the credit bureaus but the law that governs these companies say you need my permission to report this information. You do not have my permission and you do not have my permission to sell my information to anyone. Stop stalling by asking for my ID and SSC when I attach them to the complaint. Delete this bankruptcy. \n\n( 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.\n\n( 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.\n\n( c ) Disclosure of consumer reports by users allowed A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report.\n\n( d ) Notice to users and furnishers of information ( XXXX  ) Notice requirement A consumer reporting agency shall provide to any person ( A ) who regularly and in the ordinary course of business furnishes information to the agency with respect to any consumer ; or ( B ) to whom a consumer report is provided by the agency ; a notice of such persons responsibilities under this subchapter.\n\n( XXXX  ) Content of notice The Bureau shall prescribe the content of notices under paragraph ( XXXX  ), and a consumer reporting agency shall be in compliance with this subsection if it provides a notice under paragraph ( XXXX  ) that is substantially similar to the Bureau prescription under this paragraph.\n\n( e ) Procurement of consumer report for resale ( XXXX  ) Disclosure A person may not procure a consumer report for purposes of reselling the report ( or any information in the report ) unless the person discloses to the consumer reporting agency that originally furnishes the report ( A ) the identity of the end-user of the report ( or information ) ; and ( B ) each permissible purpose under section 1681b of this title for which the report is furnished to the end-user of the report ( or information ).\n\n( XXXX ) Responsibilities of procurers for resale A person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall ( A ) establish and comply with reasonable procedures designed to ensure that the report ( or information ) is resold by the person only for a purpose for which the report may be furnished under section 1681b of this title, including by requiring that each person to which the report ( or information ) is resold and that resells or provides the report ( or information ) to any other person ( i ) identifies each end user of the resold report ( or information ) ; ( ii ) certifies each purpose for which the report ( or information ) will be used ; and ( iii ) certifies that the report ( or information ) will be used for no other purpose ; and ( B ) before reselling the report, make reasonable efforts to verify the identifications and certifications made under subparagraph ( A ).\n\n( XXXX ) Resale of consumer report to a Federal agency or department Notwithstanding paragraph ( XXXX ) or ( XXXX ), a person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall not disclose the identity of the end-user of the report under paragraph ( XXXX ) or ( XXXX  ) if ( A ) the end user is an agency or department of the United States Government which procures the report from the person for purposes of determining the eligibility of the consumer concerned to receive access or continued access to classified information ( as defined in section 1681b ( b ) ( XXXX  ) ( E ) ( i ) [ XXXX ] of this title ) ; and ( B ) the agency or department certifies in writing to the person reselling the report that nondisclosure is necessary to protect classified information or the safety of persons employed by or contracting with, or undergoing investigation for work or contracting with the agency or department.\n\n( a ) Information on file ; sources ; report recipients Every consumer reporting agency shall, upon request, and subject to section 1681h ( a ) ( XXXX ) of this title, clearly and accurately disclose to the consumer : ( XXXX  ) All information in the consumers file at the time of the request, except that ( A ) if the consumer to whom the file relates requests that the first 5 digits of the social security number ( or similar identification number ) of the consumer not be included in the disclosure and the consumer reporting agency has received appropriate proof of the identity of the requester, the consumer reporting agency shall so truncate such number in such disclosure; and ( B ) nothing in this paragraph shall be construed to require a consumer reporting agency to disclose to a consumer any information concerning credit scores or any other risk scores or predictors relating to the consumer.\n\n( XXXX ) The sources of the information ; except that the sources of information acquired solely for use in preparing an investigative consumer report and actually used for no other purpose need not be disclosed : Provided, That in the event an action is brought under this subchapter, such sources shall be available to the plaintiff under appropriate discovery procedures in the court in which the action is brought.\n\n( XXXX ) ( A ) Identification of each person ( including each end-user identified under section 1681e ( e ) ( XXXX ) of this title ) that procured a consumer report ( i ) for employment purposes, during the XXXX period preceding the date on which the request is made ; or ( ii ) for any other purpose, during the XXXX period preceding the date on which the request is made. \n\n( B ) An identification of a person under subparagraph ( A ) shall include ( i ) the name of the person or, if applicable, the trade name ( written in full ) under which such person conducts business ; and ( ii ) upon request of the consumer, the address and telephone number of the person. \n\n( C ) Subparagraph ( A ) does not apply if ( i ) the end user is an agency or department of the United States Government that procures the report from the person for purposes of determining the eligibility of the consumer to whom the report relates to receive access or continued access to classified information ( as defined in section 1681b ( b ) ( 4 ) ( E ) ( i ) [ XXXX ] of this title ) ; and ( ii ) the head of the agency or department makes a written finding as prescribed under section 1681b ( b ) XXXX XXXX ) ( A ) of this title.\n\n( XXXX  ) The dates, original payees, and amounts of any checks upon which is based any adverse characterization of the consumer, included in the file at the time of the disclosure.\n\n( 5 ) A record of all inquiries received by the agency during the XXXX period preceding the request that identified the consumer in connection with a credit or insurance transaction that was not initiated by the consumer.\n\n( XXXX ) If the consumer requests the credit file and not the credit score, a statement that the consumer may request and obtain a credit score. \n\n( b ) Exempt information The requirements of subsection ( a ) respecting the disclosure of sources of information and the recipients of consumer reports do not apply to information received or consumer reports furnished prior to the effective date of this subchapter except to the extent that the matter involved is contained in the files of the consumer reporting agency on that date. \n\n( c ) Summary of rights to obtain and dispute information in consumer reports and to obtain credit scores ( XXXX  ) Commission [ XXXX ] summary of rights required ( A ) In general The Commission2 shall prepare a model summary of the rights of consumers under this subchapter.\n\n( B ) Content of summary The summary of rights prepared under subparagraph ( A ) shall include a description of ( i ) the right of a consumer to obtain a copy of a consumer report under subsection ( a ) from each consumer reporting agency ; ( ii ) the frequency and circumstances under which a consumer is entitled to receive a consumer report without charge under section 1681j of this title ; ( iii ) the right of a consumer to dispute information in the file of the consumer under section 1681i of this title ; ( iv ) the right of a consumer to obtain a credit score from a consumer reporting agency, and a description of how to obtain a credit score ; ( v ) the method by which a consumer can contact, and obtain a consumer report from, a consumer reporting agency without charge, as provided in the regulations of the Bureau prescribed under section 211 ( c ) XXXX of the Fair and Accurate Credit Transactions Act of XXXX  ; and ( vi ) the method by which a consumer can contact, and obtain a consumer report from, a consumer reporting agency described in section 1681a ( w ) 1 of this title, as provided in the regulations of the Bureau prescribed under section 1681j ( a ) ( 1 ) ( C ) of this title.\n\n( C ) Availability of summary of rights The Commission2 shall ( i ) actively publicize the availability of the summary of rights prepared under this paragraph ; ( ii ) conspicuously post on its Internet website the availability of such summary of rights ; and ( iii ) promptly make such summary of rights available to consumers, on request.\n\n( XXXX ) Summary of rights required to be included with agency disclosures A consumer reporting agency shall provide to a consumer, with each written disclosure by the agency to the consumer under this section ( A ) the summary of rights prepared by the Bureau under paragraph ( XXXX  ) ; ( B ) in the case of a consumer reporting agency described in section 1681a ( p ) of this title, a toll-free telephone number established by the agency, at which personnel are accessible to consumers during normal business hours ; ( C ) a list of all Federal agencies responsible for enforcing any provision of this subchapter, and the address and any appropriate phone number of each such agency, in a form that will assist the consumer in selecting the appropriate agency ; ( D ) a statement that the consumer may have additional rights under State law, and that the consumer may wish to contact a State or local consumer protection agency or a State attorney general ( or the equivalent thereof ) to learn of those rights ; and ( E ) a statement that a consumer reporting agency is not required to remove accurate derogatory information from the file of a consumer, unless the information is outdated under section 1681c of this title or can not be verified.\n\n( d ) Summary of rights of identity theft victims ( XXXX ) In general The Commission,2 in consultation with the Federal banking agencies and the National Credit Union Administration , shall prepare a model summary of the rights of consumers under this subchapter with respect to the procedures for remedying the effects of fraud or identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor.\n\n( XXXX ) Summary of rights and contact information Beginning XXXX XXXX after the date on which the model summary of rights is prescribed in final form by the Bureau pursuant to paragraph ( XXXX  ), if any consumer contacts a consumer reporting agency and expresses a belief that the consumer is a victim of fraud or identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor, the consumer reporting agency shall, in addition to any other action that the agency may take, provide the consumer with a summary of rights that contains all of the information required by the Bureau under paragraph ( XXXX ), and information on how to contact the Bureau to obtain more detailed information.\n\n( e ) Information available to victims ( XXXX ) In general For the purpose of documenting fraudulent transactions resulting from identity theft, not later than XXXX  days after the date of receipt of a request from a victim in accordance with paragraph ( XXXX ), and subject to verification of the identity of the victim and the claim of identity theft in accordance with paragraph ( XXXX ), a business entity that has provided credit to, provided for consideration products, goods, or services to, accepted payment from, or otherwise entered into a commercial transaction for consideration with, a person who has allegedly made unauthorized use of the means of identification of the victim, shall provide a copy of application and business transaction records in the control of the business entity, whether maintained by the business entity or by another person on behalf of the business entity, evidencing any transaction alleged to be a result of identity theft to ( A ) the victim ; ( B ) any Federal, State, or local government law enforcement agency or officer specified by the victim in such a request ; or ( C ) any law enforcement agency investigating the identity theft and authorized by the victim to take receipt of records provided under this subsection.\n\n( XXXX ) Verification of identity and claim Before a business entity provides any information under paragraph ( XXXX  ), unless the business entity, at its discretion, otherwise has a high degree of confidence that it knows the identity of the victim making a request under paragraph ( XXXX  ), the victim shall provide to the business entity ( A ) as proof of positive identification of the victim, at the election of the business entity ( i ) the presentation of a government-issued identification card ; ( ii ) personally identifying information of the same type as was provided to the business entity by the unauthorized person ; or ( iii ) personally identifying information that the business entity typically requests from new applicants or for new transactions, at the time of the victims request for information, including any documentation described in clauses ( i ) and ( ii ) ; and ( B ) as proof of a claim of identity theft, at the election of the business entity ( i ) a copy of a police report evidencing the claim of the victim of identity theft ; and ( ii ) a properly completed ( I ) copy of a standardized affidavit of identity theft developed and made available by the Bureau ; or ( II ) an [ XXXX ] affidavit of fact that is acceptable to the business entity for that purpose.\n\n( XXXX  ) Procedures The request of a victim under paragraph ( XXXX ) shall ( A ) be in writing ; ( B ) be mailed to an address specified by the business entity, if any ; and ( C ) if asked by the business entity, include relevant information about any transaction alleged to be a result of identity theft to facilitate compliance with this section including ( i ) if known by the victim ( or if readily obtainable by the victim ), the date of the application or transaction ; and ( ii ) if known by the victim ( or if readily obtainable by the victim ), any other identifying information such as an account or transaction number.\n\n( XXXX  ) No charge to victim Information required to be provided under paragraph ( XXXX ) shall be so provided without charge.\n\n( XXXX ) Authority to decline to provide information A business entity may decline to provide information under paragraph ( XXXX  ) if, in the exercise of good faith, the business entity determines that ( A ) this subsection does not require disclosure of the information ; ( B ) after reviewing the information provided pursuant to paragraph ( XXXX ), the business entity does not have a high degree of confidence in knowing the true identity of the individual requesting the information ; ( C ) the request for the information is based on a misrepresentation of fact by the individual requesting the information relevant to the request for information ; or ( D ) the information requested is Internet navigational data or similar information about a persons visit to a website or online service.\n\n( XXXX ) Limitation on liability Except as provided in section 1681s of this title, sections 1681n and 1681o of this title do not apply to any violation of this subsection.\n\n( XXXX ) Limitation on civil liability No business entity may be held civilly liable under any provision of Federal, State, or other law for disclosure, made in good faith pursuant to this subsection.\n\n( XXXX ) No new recordkeeping obligation Nothing in this subsection creates an obligation on the part of a business entity to obtain, retain, or maintain information or records that are not otherwise required to be obtained, retained, or maintained in the ordinary course of its business or under other applicable law.\n\n( XXXX ) Rule of construction ( A ) In general No provision of subtitle A of title V of Public Law 106102 [ 15 U.S.C. 6801 et seq. ], prohibiting the disclosure of financial information by a business entity to third parties shall be used to deny disclosure of information to the victim under this subsection.\n\n( B ) Limitation Except as provided in subparagraph ( A ), nothing in this subsection permits a business entity to disclose information, including information to law enforcement under subparagraphs ( B ) and ( C ) of paragraph ( XXXX ), that the business entity is otherwise prohibited from disclosing under any other applicable provision of Federal or State law.\n\n( XXXX  ) Affirmative defense In any civil action brought to enforce this subsection, it is an affirmative defense ( which the defendant must establish by a preponderance of the evidence ) for a business entity to file an affidavit or answer stating that ( A ) the business entity has made a reasonably diligent search of its available business records; and ( B ) the records requested under this subsection do not exist or are not reasonably available.\n\n( XXXX  ) Definition of victim For purposes of this subsection, the term victim means a consumer whose means of identification or financial information has been used or transferred ( or has been alleged to have been used or transferred ) without the authority of that consumer, with the intent to commit, or to aid or abet, an identity theft or a similar crime.\n\n( 12 ) Effective date This subsection shall become effective XXXX XXXX after XXXX XXXX XXXX.\n\n( XXXX  ) Effectiveness study Not later than XXXX XXXX after XXXX XXXX XXXX the Comptroller General of the United States shall submit a report to Congress assessing the effectiveness of this provision.\n\n( f ) Disclosure of credit scores ( XXXX  ) In general Upon the request of a consumer for a credit score, a consumer reporting agency shall supply to the consumer a statement indicating that the information and credit scoring model may be different than the credit score that may be used by the lender, and a notice which shall include ( A ) the current credit score of the consumer or the most recent credit score of the consumer that was previously calculated by the credit reporting agency for a purpose related to the extension of credit ; ( B ) the range of possible credit scores under the model used; ( C ) all of the key factors that adversely affected the credit score of the consumer in the model used, the total number of which shall not exceed 4, subject to paragraph ( XXXX  ) ; ( D ) the date on which the credit score was created ; and ( E ) the name of the person or entity that provided the credit score or credit file upon which the credit score was created.\n\n( XXXX  ) Definitions For purposes of this subsection, the following definitions shall apply : ( A ) Credit score The term credit score ( i ) means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default ( and the numerical value or the categorization derived from such analysis may also be referred to as a risk predictor or risk score ) ; and ( ii ) does not include ( I ) any mortgage score or rating of an automated underwriting system that considers one or more factors in addition to credit information, including the loan to value ratio, the amount of down payment, or the financial assets of a consumer ; or ( II ) any other elements of the underwriting process or underwriting decision.\n\n( B ) Key factors The term key factors means all relevant elements or reasons adversely affecting the credit score for the particular individual, listed in the order of their importance based on their effect on the credit score.\n\n( XXXX  ) Timeframe and manner of disclosure The information required by this subsection shall be provided in the same timeframe and manner as the information described in subsection ( a ).\n\n( XXXX  ) Applicability to certain uses This subsection shall not be construed so as to compel a consumer reporting agency to develop or disclose a score if the agency does not ( A ) distribute scores that are used in connection with residential real property loans; or ( B ) develop scores that assist credit providers in understanding the general credit behavior of a consumer and predicting the future credit behavior of the consumer.\n\n( XXXX  ) Applicability to credit scores developed by another person ( A ) In general This subsection shall not be construed to require a consumer reporting agency that distributes credit scores developed by another person or entity to provide a further explanation of them, or to process a dispute arising pursuant to section 1681i of this title, except that the consumer reporting agency shall provide the consumer with the name and address and website for contacting the person or entity who developed the score or developed the methodology of the score.\n\n( B ) Exception This paragraph shall not apply to a consumer reporting agency that develops or modifies scores that are developed by another person or entity.\n\n( XXXX  ) Maintenance of credit scores not required This subsection shall not be construed to require a consumer reporting agency to maintain credit scores in its files.\n\n( XXXX ) Compliance in certain cases In complying with this subsection, a consumer reporting agency shall ( A ) supply the consumer with a credit score that is derived from a credit scoring model that is widely distributed to users by that consumer reporting agency in connection with residential real property loans or with a credit score that assists the consumer in understanding the credit scoring assessment of the credit behavior of the consumer and predictions about the future credit behavior of the consumer; and ( B ) a statement indicating that the information and credit scoring model may be different than that used by the lender.\n\n( XXXX  ) Fair and reasonable fee A consumer reporting agency may charge a fair and reasonable fee, as determined by the Bureau, for providing the information required under this subsection.\n\n( XXXX ) Use of enquiries as a key factor If a key factor that adversely affects the credit score of a consumer consists of the number of enquiries made with respect to a consumer report, that factor shall be included in the disclosure pursuant to paragraph ( XXXX ) ( C ) without regard to the numerical limitation in such paragraph.\n\n( g ) Disclosure of credit scores by certain mortgage lenders ( XXXX ) In general Any person who makes or arranges loans and who uses a consumer credit score, as defined in subsection ( f ), in connection with an application initiated or sought by a consumer for a closed end loan or the establishment of an open end loan for a consumer purpose that is secured by XXXX XXXX XXXX units of residential real property ( hereafter in this subsection referred to as the lender ) shall provide the following to the consumer as soon as reasonably practicable : ( A ) Information required under subsection ( f ) ( i ) In general A copy of the information identified in subsection ( f ) that was obtained from a consumer reporting agency or was developed and used by the user of the information.\n\n( ii ) Notice under subparagraph ( D ) In addition to the information provided to it by a third party that provided the credit score or scores, a lender is only required to provide the notice contained in subparagraph ( D ).\n\n( B ) Disclosures in case of automated underwriting system ( i ) In general If a person that is subject to this subsection uses an automated underwriting system to underwrite a loan, that person may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer reporting agency.\n\n( ii ) Numerical credit score However, if a numerical credit score is generated by an automated underwriting system used by an enterprise, and that score is disclosed to the person, the score shall be disclosed to the consumer consistent with subparagraph ( C ).\n\n( iii ) Enterprise defined For purposes of this subparagraph, the term enterprise has the same meaning as in paragraph ( XXXX ) of section XXXX  of title XXXX.\n\n( C ) Disclosures of credit scores not obtained from a consumer reporting agency A person that is subject to the provisions of this subsection and that uses a credit score, other than a credit score provided by a consumer reporting agency, may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer reporting agency. \n\n( D ) Notice to home loan applicants A copy of the following notice, which shall include the name, address, and telephone number of each consumer reporting agency providing a credit score that was used : notice to the home loan applicant In connection with your application for a home loan, the lender must disclose to you the score that a consumer reporting agency distributed to users and the lender used in connection with your home loan, and the key factors affecting your credit scores.\n\nThe credit score is a computer generated summary calculated at the time of the request and based on information that a consumer reporting agency or lender has on file. The scores are based on data about your credit history and payment patterns. Credit scores are important because they are used to assist the lender in determining whether you will obtain a loan. They may also be used to determine what interest rate you may be offered on the mortgage. Credit scores can change over time, depending on your conduct, how your credit history and payment patterns change, and how credit scoring technologies change.\n\nBecause the score is based on information in your credit history, it is very important that you review the credit-related information that is being furnished to make sure it is accurate. Credit records may vary from one company to another.\n\nIf you have questions about your credit score or the credit information that is furnished to you, contact the consumer reporting agency at the address and telephone number provided with this notice, or contact the lender, if the lender developed or generated the credit score. The consumer reporting agency plays no part in the decision to take any action on the loan application and is unable to provide you with specific reasons for the decision on a loan application.\n\nIf you have questions concerning the terms of the loan, contact the lender..\n\n( E ) Actions not required under this subsection This subsection shall not require any person to ( i ) explain the information provided pursuant to subsection ( f ) ; ( ii ) disclose any information other than a credit score or key factors, as defined in subsection ( f ) ; ( iii ) disclose any credit score or related information obtained by the user after a loan has closed ; ( iv ) provide more than XXXX disclosure per loan transaction ; or ( v ) provide the disclosure required by this subsection when another person has made the disclosure to the consumer for that loan transaction.\n\n( F ) No obligation for content ( i ) In general The obligation of any person pursuant to this subsection shall be limited solely to providing a copy of the information that was received from the consumer reporting agency.\n\n( ii ) Limit on liability No person has liability under this subsection for the content of that information or for the omission of any information within the report provided by the consumer reporting agency.\n\n( G ) Person defined as excluding enterprise As used in this subsection, the term person does not include an enterprise ( as defined in paragraph ( XXXX ) of section XXXX  of title XXXX  ).\n\n( XXXX  ) Prohibition on disclosure clauses null and void ( A ) In general Any provision in a contract that prohibits the disclosure of a credit score by a person who makes or arranges loans or a consumer reporting agency is void.\n\n( B ) No liability for disclosure under this subsection A lender shall not have liability under any contractual provision for disclosure of a credit score pursuant to this subsection.","date_sent_to_company":"2024-02-09T03:40:18.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"600XX","tags":null,"has_narrative":true,"complaint_id":"8308013","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"LEXISNEXIS","date_received":"2024-02-09T03:14:08.000Z","state":"IL","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["( B ) <em>Exception</em> This paragraph shall not <em>apply</em> to a consumer reporting agency that develops or modifies scores that are developed by another person or entity.\n\n( XXXX  ) Maintenance of credit scores not required This subsection shall not be construed to require a consumer reporting agency to maintain credit scores in its files."]},"sort":[5.535056,"8308013"]},{"_index":"complaint-public-v1","_id":"8307946","_score":5.51777,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"XXXX continues to report an alleged bankruptcy. I have asked for verification from XXXX that grants them permission to report this information about me. This is my consumer report and the information must be verified by me. XXXX sells consumer information for profit to various companies including the credit bureaus but the law that governs these companies say you need my permission to report this information. You do not have my permission and you do not have my permission to sell my information to anyone. Stop stalling by asking for my ID and SSC when I attach them to the complaint. Delete this bankruptcy. \n\n( 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.\n\n( 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.\n\n( c ) Disclosure of consumer reports by users allowed A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report.\n\n( d ) Notice to users and furnishers of information ( 1 ) Notice requirement A consumer reporting agency shall provide to any person ( A ) who regularly and in the ordinary course of business furnishes information to the agency with respect to any consumer ; or ( B ) to whom a consumer report is provided by the agency ; a notice of such persons responsibilities under this subchapter.\n\n( 2 ) Content of notice The Bureau shall prescribe the content of notices under paragraph ( 1 ), and a consumer reporting agency shall be in compliance with this subsection if it provides a notice under paragraph ( 1 ) that is substantially similar to the Bureau prescription under this paragraph.\n\n( e ) Procurement of consumer report for resale ( 1 ) Disclosure A person may not procure a consumer report for purposes of reselling the report ( or any information in the report ) unless the person discloses to the consumer reporting agency that originally furnishes the report ( A ) the identity of the end-user of the report ( or information ) ; and ( B ) each permissible purpose under section 1681b of this title for which the report is furnished to the end-user of the report ( or information ).\n\n( 2 ) Responsibilities of procurers for resale A person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall ( A ) establish and comply with reasonable procedures designed to ensure that the report ( or information ) is resold by the person only for a purpose for which the report may be furnished under section 1681b of this title, including by requiring that each person to which the report ( or information ) is resold and that resells or provides the report ( or information ) to any other person ( i ) identifies each end user of the resold report ( or information ) ; ( ii ) certifies each purpose for which the report ( or information ) will be used ; and ( iii ) certifies that the report ( or information ) will be used for no other purpose ; and ( B ) before reselling the report, make reasonable efforts to verify the identifications and certifications made under subparagraph ( A ).\n\n( 3 ) Resale of consumer report to a Federal agency or department Notwithstanding paragraph ( 1 ) or ( 2 ), a person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall not disclose the identity of the end-user of the report under paragraph ( 1 ) or ( 2 ) if ( A ) the end user is an agency or department of the United States Government which procures the report from the person for purposes of determining the eligibility of the consumer concerned to receive access or continued access to classified information ( as defined in section 1681b ( b ) ( 4 ) ( E ) ( i ) [ 1 ] of this title ) ; and ( B ) the agency or department certifies in writing to the person reselling the report that nondisclosure is necessary to protect classified information or the safety of persons employed by or contracting with, or undergoing investigation for work or contracting with the agency or department.\n\n( a ) Information on file ; sources ; report recipients Every consumer reporting agency shall, upon request, and subject to section 1681h ( a ) ( 1 ) of this title, clearly and accurately disclose to the consumer : ( 1 ) All information in the consumers file at the time of the request, except that ( A ) if the consumer to whom the file relates requests that the first 5 digits of the social security number ( or similar identification number ) of the consumer not be included in the disclosure and the consumer reporting agency has received appropriate proof of the identity of the requester, the consumer reporting agency shall so truncate such number in such disclosure; and ( B ) nothing in this paragraph shall be construed to require a consumer reporting agency to disclose to a consumer any information concerning credit scores or any other risk scores or predictors relating to the consumer.\n\n( 2 ) The sources of the information ; except that the sources of information acquired solely for use in preparing an investigative consumer report and actually used for no other purpose need not be disclosed : Provided, That in the event an action is brought under this subchapter, such sources shall be available to the plaintiff under appropriate discovery procedures in the court in which the action is brought.\n\n( 3 ) ( A ) Identification of each person ( including each end-user identified under section 1681e ( e ) ( 1 ) of this title ) that procured a consumer report ( i ) for employment purposes, during the 2-year period preceding the date on which the request is made ; or ( ii ) for any other purpose, during the 1-year period preceding the date on which the request is made.\n\n( B ) An identification of a person under subparagraph ( A ) shall include ( i ) the name of the person or, if applicable, the trade name ( written in full ) under which such person conducts business ; and ( ii ) upon request of the consumer, the address and telephone number of the person.\n\n( C ) Subparagraph ( A ) does not apply if ( i ) the end user is an agency or department of the United States Government that procures the report from the person for purposes of determining the eligibility of the consumer to whom the report relates to receive access or continued access to classified information ( as defined in section 1681b ( b ) ( 4 ) ( E ) ( i ) [ 1 ] of this title ) ; and ( ii ) the head of the agency or department makes a written finding as prescribed under section 1681b ( b ) ( 4 ) ( A ) of this title.\n\n( 4 ) The dates, original payees, and amounts of any checks upon which is based any adverse characterization of the consumer, included in the file at the time of the disclosure.\n\n( 5 ) A record of all inquiries received by the agency during the 1-year period preceding the request that identified the consumer in connection with a credit or insurance transaction that was not initiated by the consumer.\n\n( 6 ) If the consumer requests the credit file and not the credit score, a statement that the consumer may request and obtain a credit score.\n\n( b ) Exempt information The requirements of subsection ( a ) respecting the disclosure of sources of information and the recipients of consumer reports do not apply to information received or consumer reports furnished prior to the effective date of this subchapter except to the extent that the matter involved is contained in the files of the consumer reporting agency on that date.\n\n( c ) Summary of rights to obtain and dispute information in consumer reports and to obtain credit scores ( 1 ) Commission [ 2 ] summary of rights required ( A ) In general The Commission2 shall prepare a model summary of the rights of consumers under this subchapter.\n\n( B ) Content of summary The summary of rights prepared under subparagraph ( A ) shall include a description of ( i ) the right of a consumer to obtain a copy of a consumer report under subsection ( a ) from each consumer reporting agency ; ( ii ) the frequency and circumstances under which a consumer is entitled to receive a consumer report without charge under section 1681j of this title ; ( iii ) the right of a consumer to dispute information in the file of the consumer under section 1681i of this title ; ( iv ) the right of a consumer to obtain a credit score from a consumer reporting agency, and a description of how to obtain a credit score ; ( v ) the method by which a consumer can contact, and obtain a consumer report from, a consumer reporting agency without charge, as provided in the regulations of the Bureau prescribed under section 211 ( c ) 1 of the Fair and Accurate Credit Transactions Act of 2003 ; and ( vi ) the method by which a consumer can contact, and obtain a consumer report from, a consumer reporting agency described in section 1681a ( w ) 1 of this title, as provided in the regulations of the Bureau prescribed under section 1681j ( a ) ( 1 ) ( C ) of this title.\n\n( C ) Availability of summary of rights The Commission2 shall ( i ) actively publicize the availability of the summary of rights prepared under this paragraph ; ( ii ) conspicuously post on its Internet website the availability of such summary of rights ; and ( iii ) promptly make such summary of rights available to consumers, on request.\n\n( 2 ) Summary of rights required to be included with agency disclosures A consumer reporting agency shall provide to a consumer, with each written disclosure by the agency to the consumer under this section ( A ) the summary of rights prepared by the Bureau under paragraph ( 1 ) ; ( B ) in the case of a consumer reporting agency described in section 1681a ( p ) of this title, a toll-free telephone number established by the agency, at which personnel are accessible to consumers during normal business hours ; ( C ) a list of all Federal agencies responsible for enforcing any provision of this subchapter, and the address and any appropriate phone number of each such agency, in a form that will assist the consumer in selecting the appropriate agency ; ( D ) a statement that the consumer may have additional rights under State law, and that the consumer may wish to contact a State or local consumer protection agency or a State attorney general ( or the equivalent thereof ) to learn of those rights ; and ( E ) a statement that a consumer reporting agency is not required to remove accurate derogatory information from the file of a consumer, unless the information is outdated under section 1681c of this title or can not be verified.\n\n( d ) Summary of rights of identity theft victims ( 1 ) In general The Commission,2 in consultation with the Federal banking agencies and the National Credit Union Administration , shall prepare a model summary of the rights of consumers under this subchapter with respect to the procedures for remedying the effects of fraud or identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor.\n\n( 2 ) Summary of rights and contact information Beginning 60 days after the date on which the model summary of rights is prescribed in final form by the Bureau pursuant to paragraph ( 1 ), if any consumer contacts a consumer reporting agency and expresses a belief that the consumer is a victim of fraud or identity theft involving credit, an electronic fund transfer, or an account or transaction at or with a financial institution or other creditor, the consumer reporting agency shall, in addition to any other action that the agency may take, provide the consumer with a summary of rights that contains all of the information required by the Bureau under paragraph ( 1 ), and information on how to contact the Bureau to obtain more detailed information.\n\n( e ) Information available to victims ( 1 ) In general For the purpose of documenting fraudulent transactions resulting from identity theft, not later than 30 days after the date of receipt of a request from a victim in accordance with paragraph ( 3 ), and subject to verification of the identity of the victim and the claim of identity theft in accordance with paragraph ( 2 ), a business entity that has provided credit to, provided for consideration products, goods, or services to, accepted payment from, or otherwise entered into a commercial transaction for consideration with, a person who has allegedly made unauthorized use of the means of identification of the victim, shall provide a copy of application and business transaction records in the control of the business entity, whether maintained by the business entity or by another person on behalf of the business entity, evidencing any transaction alleged to be a result of identity theft to ( A ) the victim ; ( B ) any Federal, State, or local government law enforcement agency or officer specified by the victim in such a request ; or ( C ) any law enforcement agency investigating the identity theft and authorized by the victim to take receipt of records provided under this subsection.\n\n( 2 ) Verification of identity and claim Before a business entity provides any information under paragraph ( 1 ), unless the business entity, at its discretion, otherwise has a high degree of confidence that it knows the identity of the victim making a request under paragraph ( 1 ), the victim shall provide to the business entity ( A ) as proof of positive identification of the victim, at the election of the business entity ( i ) the presentation of a government-issued identification card ; ( ii ) personally identifying information of the same type as was provided to the business entity by the unauthorized person ; or ( iii ) personally identifying information that the business entity typically requests from new applicants or for new transactions, at the time of the victims request for information, including any documentation described in clauses ( i ) and ( ii ) ; and ( B ) as proof of a claim of identity theft, at the election of the business entity ( i ) a copy of a police report evidencing the claim of the victim of identity theft ; and ( ii ) a properly completed ( I ) copy of a standardized affidavit of identity theft developed and made available by the Bureau ; or ( II ) an [ 3 ] affidavit of fact that is acceptable to the business entity for that purpose.\n\n( 3 ) Procedures The request of a victim under paragraph ( 1 ) shall ( A ) be in writing ; ( B ) be mailed to an address specified by the business entity, if any ; and ( C ) if asked by the business entity, include relevant information about any transaction alleged to be a result of identity theft to facilitate compliance with this section including ( i ) if known by the victim ( or if readily obtainable by the victim ), the date of the application or transaction ; and ( ii ) if known by the victim ( or if readily obtainable by the victim ), any other identifying information such as an account or transaction number.\n\n( 4 ) No charge to victim Information required to be provided under paragraph ( 1 ) shall be so provided without charge.\n\n( 5 ) Authority to decline to provide information A business entity may decline to provide information under paragraph ( 1 ) if, in the exercise of good faith, the business entity determines that ( A ) this subsection does not require disclosure of the information ; ( B ) after reviewing the information provided pursuant to paragraph ( 2 ), the business entity does not have a high degree of confidence in knowing the true identity of the individual requesting the information ; ( C ) the request for the information is based on a misrepresentation of fact by the individual requesting the information relevant to the request for information ; or ( D ) the information requested is Internet navigational data or similar information about a persons visit to a website or online service.\n\n( 6 ) Limitation on liability Except as provided in section 1681s of this title, sections 1681n and 1681o of this title do not apply to any violation of this subsection.\n\n( 7 ) Limitation on civil liability No business entity may be held civilly liable under any provision of Federal, State, or other law for disclosure, made in good faith pursuant to this subsection.\n\n( 8 ) No new recordkeeping obligation Nothing in this subsection creates an obligation on the part of a business entity to obtain, retain, or maintain information or records that are not otherwise required to be obtained, retained, or maintained in the ordinary course of its business or under other applicable law.\n\n( 9 ) Rule of construction ( A ) In general No provision of subtitle A of title V of Public Law 106102 [ 15 U.S.C. 6801 et seq. ], prohibiting the disclosure of financial information by a business entity to third parties shall be used to deny disclosure of information to the victim under this subsection.\n\n( B ) Limitation Except as provided in subparagraph ( A ), nothing in this subsection permits a business entity to disclose information, including information to law enforcement under subparagraphs ( B ) and ( C ) of paragraph ( 1 ), that the business entity is otherwise prohibited from disclosing under any other applicable provision of Federal or State law.\n\n( 10 ) Affirmative defense In any civil action brought to enforce this subsection, it is an affirmative defense ( which the defendant must establish by a preponderance of the evidence ) for a business entity to file an affidavit or answer stating that ( A ) the business entity has made a reasonably diligent search of its available business records; and ( B ) the records requested under this subsection do not exist or are not reasonably available.\n\n( 11 ) Definition of victim For purposes of this subsection, the term victim means a consumer whose means of identification or financial information has been used or transferred ( or has been alleged to have been used or transferred ) without the authority of that consumer, with the intent to commit, or to aid or abet, an identity theft or a similar crime.\n\n( 12 ) Effective date This subsection shall become effective 180 days after XX/XX/2003. \n\n( XXXX ) Effectiveness study Not later than 18 months after XX/XX/2003, the Comptroller General of the United States shall submit a report to Congress assessing the effectiveness of this provision.\n\n( f ) Disclosure of credit scores ( 1 ) In general Upon the request of a consumer for a credit score, a consumer reporting agency shall supply to the consumer a statement indicating that the information and credit scoring model may be different than the credit score that may be used by the lender, and a notice which shall include ( A ) the current credit score of the consumer or the most recent credit score of the consumer that was previously calculated by the credit reporting agency for a purpose related to the extension of credit ; ( B ) the range of possible credit scores under the model used; ( C ) all of the key factors that adversely affected the credit score of the consumer in the model used, the total number of which shall not exceed 4, subject to paragraph ( 9 ) ; ( D ) the date on which the credit score was created ; and ( E ) the name of the person or entity that provided the credit score or credit file upon which the credit score was created.\n\n( 2 ) Definitions For purposes of this subsection, the following definitions shall apply : ( A ) Credit score The term credit score ( i ) means a numerical value or a categorization derived from a statistical tool or modeling system used by a person who makes or arranges a loan to predict the likelihood of certain credit behaviors, including default ( and the numerical value or the categorization derived from such analysis may also be referred to as a risk predictor or risk score ) ; and ( ii ) does not include ( I ) any mortgage score or rating of an automated underwriting system that considers one or more factors in addition to credit information, including the loan to value ratio, the amount of down payment, or the financial assets of a consumer ; or ( II ) any other elements of the underwriting process or underwriting decision.\n\n( B ) Key factors The term key factors means all relevant elements or reasons adversely affecting the credit score for the particular individual, listed in the order of their importance based on their effect on the credit score.\n\n( 3 ) Timeframe and manner of disclosure The information required by this subsection shall be provided in the same timeframe and manner as the information described in subsection ( a ).\n\n( 4 ) Applicability to certain uses This subsection shall not be construed so as to compel a consumer reporting agency to develop or disclose a score if the agency does not ( A ) distribute scores that are used in connection with residential real property loans; or ( B ) develop scores that assist credit providers in understanding the general credit behavior of a consumer and predicting the future credit behavior of the consumer.\n\n( 5 ) Applicability to credit scores developed by another person ( A ) In general This subsection shall not be construed to require a consumer reporting agency that distributes credit scores developed by another person or entity to provide a further explanation of them, or to process a dispute arising pursuant to section 1681i of this title, except that the consumer reporting agency shall provide the consumer with the name and address and website for contacting the person or entity who developed the score or developed the methodology of the score.\n\n( B ) Exception This paragraph shall not apply to a consumer reporting agency that develops or modifies scores that are developed by another person or entity.\n\n( 6 ) Maintenance of credit scores not required This subsection shall not be construed to require a consumer reporting agency to maintain credit scores in its files.\n\n( 7 ) Compliance in certain cases In complying with this subsection, a consumer reporting agency shall ( A ) supply the consumer with a credit score that is derived from a credit scoring model that is widely distributed to users by that consumer reporting agency in connection with residential real property loans or with a credit score that assists the consumer in understanding the credit scoring assessment of the credit behavior of the consumer and predictions about the future credit behavior of the consumer; and ( B ) a statement indicating that the information and credit scoring model may be different than that used by the lender.\n\n( 8 ) Fair and reasonable fee A consumer reporting agency may charge a fair and reasonable fee, as determined by the Bureau, for providing the information required under this subsection.\n\n( 9 ) Use of enquiries as a key factor If a key factor that adversely affects the credit score of a consumer consists of the number of enquiries made with respect to a consumer report, that factor shall be included in the disclosure pursuant to paragraph ( 1 ) ( C ) without regard to the numerical limitation in such paragraph.\n\n( g ) Disclosure of credit scores by certain mortgage lenders ( 1 ) In general Any person who makes or arranges loans and who uses a consumer credit score, as defined in subsection ( f ), in connection with an application initiated or sought by a consumer for a closed end loan or the establishment of an open end loan for a consumer purpose that is secured by 1 to 4 units of residential real property ( hereafter in this subsection referred to as the lender ) shall provide the following to the consumer as soon as reasonably practicable : ( A ) Information required under subsection ( f ) ( i ) In general A copy of the information identified in subsection ( f ) that was obtained from a consumer reporting agency or was developed and used by the user of the information.\n\n( ii ) Notice under subparagraph ( D ) In addition to the information provided to it by a third party that provided the credit score or scores, a lender is only required to provide the notice contained in subparagraph ( D ).\n\n( B ) Disclosures in case of automated underwriting system ( i ) In general If a person that is subject to this subsection uses an automated underwriting system to underwrite a loan, that person may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer reporting agency.\n\n( ii ) Numerical credit score However, if a numerical credit score is generated by an automated underwriting system used by an enterprise, and that score is disclosed to the person, the score shall be disclosed to the consumer consistent with subparagraph ( C ).\n\n( iii ) Enterprise defined For purposes of this subparagraph, the term enterprise has the same meaning as in paragraph ( 6 ) of section 4502 of title 12.\n\n( C ) Disclosures of credit scores not obtained from a consumer reporting agency A person that is subject to the provisions of this subsection and that uses a credit score, other than a credit score provided by a consumer reporting agency, may satisfy the obligation to provide a credit score by disclosing a credit score and associated key factors supplied by a consumer reporting agency.\n\n( D ) Notice to home loan applicants A copy of the following notice, which shall include the name, address, and telephone number of each consumer reporting agency providing a credit score that was used : notice to the home loan applicant In connection with your application for a home loan, the lender must disclose to you the score that a consumer reporting agency distributed to users and the lender used in connection with your home loan, and the key factors affecting your credit scores.\n\nThe credit score is a computer generated summary calculated at the time of the request and based on information that a consumer reporting agency or lender has on file. The scores are based on data about your credit history and payment patterns. Credit scores are important because they are used to assist the lender in determining whether you will obtain a loan. They may also be used to determine what interest rate you may be offered on the mortgage. Credit scores can change over time, depending on your conduct, how your credit history and payment patterns change, and how credit scoring technologies change.\n\nBecause the score is based on information in your credit history, it is very important that you review the credit-related information that is being furnished to make sure it is accurate. Credit records may vary from one company to another.\n\nIf you have questions about your credit score or the credit information that is furnished to you, contact the consumer reporting agency at the address and telephone number provided with this notice, or contact the lender, if the lender developed or generated the credit score. The consumer reporting agency plays no part in the decision to take any action on the loan application and is unable to provide you with specific reasons for the decision on a loan application.\n\nIf you have questions concerning the terms of the loan, contact the lender..\n\n( E ) Actions not required under this subsection This subsection shall not require any person to ( i ) explain the information provided pursuant to subsection ( f ) ; ( ii ) disclose any information other than a credit score or key factors, as defined in subsection ( f ) ; ( iii ) disclose any credit score or related information obtained by the user after a loan has closed ; ( iv ) provide more than 1 disclosure per loan transaction ; or ( v ) provide the disclosure required by this subsection when another person has made the disclosure to the consumer for that loan transaction.\n\n( F ) No obligation for content ( i ) In general The obligation of any person pursuant to this subsection shall be limited solely to providing a copy of the information that was received from the consumer reporting agency.\n\n( ii ) Limit on liability No person has liability under this subsection for the content of that information or for the omission of any information within the report provided by the consumer reporting agency.\n\n( G ) Person defined as excluding enterprise As used in this subsection, the term person does not include an enterprise ( as defined in paragraph ( 6 ) of section 4502 of title 12 ).\n\n( 2 ) Prohibition on disclosure clauses null and void ( A ) In general Any provision in a contract that prohibits the disclosure of a credit score by a person who makes or arranges loans or a consumer reporting agency is void.\n\n( B ) No liability for disclosure under this subsection A lender shall not have liability under any contractual provision for disclosure of a credit score pursuant to this subsection.","date_sent_to_company":"2024-02-09T03:40:33.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"600XX","tags":null,"has_narrative":true,"complaint_id":"8307946","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-02-09T03:40:28.000Z","state":"IL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["( B ) <em>Exception</em> This paragraph shall not <em>apply</em> to a consumer reporting agency that develops or modifies scores that are developed by another person or entity.\n\n( 6 ) Maintenance of credit scores not required This subsection shall not be construed to require a consumer reporting agency to maintain credit scores in its files."]},"sort":[5.51777,"8307946"]},{"_index":"complaint-public-v1","_id":"11736841","_score":5.451397,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am writing to express my concerns regarding the significant data breach that occurred at Equifax which exposed sensitive personal information of approximately 147 million consumers and me This breach not only compromised individual privacy but also raised questions about the compliance of Equifax with the Fair Credit Reporting Act ( FCRA ), particularly under 15 USC 1681.As you are aware, 15 USC 1681 emphasizes the obligation of consumer reporting agencies to ensure the accuracy and integrity of the information they provide. The failure of Equifax to adequately protect consumer data raises serious concerns about their adherence to these legal requirements. The consequences of this breach have been far-reaching, impacting consumers ' creditworthiness and financial wellbeing.I urge the CFPB to take appropriate action to ensure that Equifax is held accountable for its failure to protect consumer data, and to implement measures that will prevent similar incidents in the future. It is crucial that consumers receive proper notifications and support in the wake of such breaches, as mandated by the FCRA.Furthermore, Section 605b of the Fair Credit Reporting Act ( FCRA ) allows consumers to block or remove inaccurate information from their credit reports due to identity theft. This section protects consumers ' credit scores and restores their credit reports to an accurate state 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 168b permissible purposes of consumer reports. 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. In accordance with the Fair Credit Reporting act has violated my rights. 15 U.S.C 1681 section 602 A. States I have the right to privacy. 15 U.S.C 1681 Section 604 A Section 2 : It also states a consumer reporting agency can not furnish a account without my written instructions. I have no knowledge of these companies and they shouldnt be reporting as I never gave permission for the reporting per Section 1681a -I sent correspondence to the Credit Bureaus regarding this. I was never notified in writing per 15 U.S.C 1692ag prior to accounts being on my credit report, within 5 days. Moreover, these accounts violate debt collections, and abusive and unfair practices per section 1692f ( 1 ) adding additional amounts. 15 U.S. Code 1681b - Permissible purposes of consumer reports a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person. ) Privacy Act considerations. A delinquent debt may not be reported under this section unless a notice issued pursuant to the Privacy Act, 5 U.S.C. 552a ( e ) ( 4 ), authorizes the disclosure of information about the debtor to a credit bureau. The Privacy Act of 1974 is a federal law that governs our collection and use of records we maintain on you in a system of records. A system of records is any grouping of information about an individual under the control of a Federal agency from which information is retrievable by personal identifiers, such as name, social security number, or other identifying number or symbol. Under the Privacy Act, Federal agencies may not disclose information without consent unless certain exceptions apply to the disclosure. The Privacy Act provides protections to individuals in three primary ways. It provides individuals with : the right to request their records, subject to Privacy Act exemptions ; the right to request a change to their records that are not accurate, relevant, timely or complete ; and the right to be protected against unwarranted invasion of their privacy resulting from the collection, maintenance, use, and disclosure of their personal information. ( b ) CONDITIONS OF DISCLOSURE.No agency shall disclose any record which is contained in a system of records by any means of communica- tion to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Opt out ( 1 ) In generalA financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; 5 U.S. Code 552a - Records maintained on individuals ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or n ) Mailing Lists. An individuals name and address may not be sold or rented by an agency unless such action is specifically authorized by law. 16 CFR 313.3 ( 1 ) Nonaffiliated third party means any person except : ( ii ) A person employed jointly by you and any company that is not your affiliate ( but nonaffiliated third partyincludes the other company that jointly employs the person ). ( 2 ) Nonaffiliated third party includes any company that is an affiliate by virtue of your or your affiliate 's direct or indirect ownership or control of the company in conducting merchant banking or investment banking activities of the type 16 cfr 313.3 states ( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, if you make such a disclosure other than as authorized by 313.14 and 313.15. 1 ) You do not disclose any nonpublic personal information about the consumer to any nonaffiliated third party, 15 U.S. Code 1601- Congressional findings and declaration of purpose It is the purpose of this subchapter to assure a meaningful disclosure of credit terms so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit, and to protect the consumer against inaccurate and unfair credit billing and credit card practices. 15 U.S. Code 1681a - Definitions ; rules of construction ( u ) Reseller.The term reseller means a consumer reporting agency that ( 1 ) assembles and merges information contained in the database of another consumer reporting agency or multiple consumer reporting agencies concerning any consumer for purposes of furnishing such information to any third party, to the extent of such activities ; and ( 2 ) does not maintain a database of the assembled or merged information from which new consumer reports are produced. debit card ( 3 ) Debit card. The term debit card means any card issued by a financial institution to a consumer for use in initiating an electronic fund transfer from the account of the consumer at such financial institution, for the purpose of transferring money between accounts or obtaining money, property, labor, or services. Source 15 USC 1681a ( r ) ( 3 ) electronic fund transfer means- ( 4 ) Account and electronic fund transfer. The terms account and electronic fund transfer have the same meanings as in section 1693a of this title. Source 15 USC 1681a ( r ) ( 4 ) account means-fund transfer have the same meanings as in section 1693a of this title. Source 15 USC 1681a ( r ) ( 4 ) ( t ) Financial Institution. The term financial institution means a State or National bank, a State or Federal savings and loan association, a mutual savings bank, a State or Federal credit union, or any other person that, directly or indirectly, holds a transaction account ( as defined in section 461 ( b ) of title 12 ) belonging to a consumer. card issuer means ( 1 ) Card issuer. The term card issuer means ( A ) a credit card issuer, in the case of a credit card ; and ( B ) a debit card issuer, in the case of a debit card. Source 15 USC 1681a ( r ) ( 1 ) reseller means The term reseller means a consumer reporting agency that Source 15 USC 1681a ( u ) consumer reporting agency means ( A ) The term consumer reporting agency means a consumer reporting agency described in section 1681a ( p ) of this title. Source 15 USC 1681c-1 Open-end credit ( 20 ) Open-end credit means consumer credit extended by a creditor under a plan in which : Source 12 CFR 1026.2 12 CFR 1026.13 - Billing error resolution. 3 ) Acceleration of debt and restriction of account prohibited. A creditor shall not accelerate any part of the consumer 's indebtedness or restrict or close a consumer 's account solely because the consumer has exercised in good faith rights provided by this section. ( 7 ) The creditor 's failure to mail or deliver a periodic statement to the consumer 's last known address if that address was received by the creditor, in writing, at least 20 days before the end of the billing cycle for which the statement was required. the Irs states that a charge off is considered a certificate of indebtedness. these accounts on my credit report ( XXXX XXXX ) ( XXXX XXXX XXXX ) ( XXXX XXXX XXXX ) all of these accounts are being reported inaccurately on my credit report by the credit bureaus this is not accurate due to the data breach Furthermore, I request that the CFPB consider enhancing regulations governing data security practices among credit reporting agencies to better protect consumers sensitive information. Transparency and accountability in this area are essential for restoring public trust in credit reporting agencies.Thank you for your attention to this important matter. I look forward to your response and any updates regarding actions taken to address the issues surrounding the Equifax data breach.Sincerely XXXX XXXX","date_sent_to_company":"2025-01-25T06:25:00.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"89108","tags":null,"has_narrative":true,"complaint_id":"11736841","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2025-01-25T05:58:42.000Z","state":"NV","company_public_response":null,"sub_issue":"Account information incorrect"},"highlight":{"complaint_what_happened":["Under the Privacy Act, Federal agencies may not disclose information without consent unless certain <em>exceptions</em> <em>apply</em> to the disclosure. The Privacy Act provides protections to individuals in three primary ways."]},"sort":[5.451397,"11736841"]},{"_index":"complaint-public-v1","_id":"9839774","_score":5.242059,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Please Help Me Delete These LATE PAYMENTS out of My Credit Report. Its reporting inaccurate and is causing damage in my life on getting any credit extended to me please i demand to be remove/Delete. This is A Violation Of my Consumer Rights. I DISPUTED THESE LATE PAYMENT ACCOUNTS & They Did A Investigation on THE ACCOUNTS AND THEY VERIFIED IT AS ACCURATE. I WOULD LIKE A REAL THERAL INVESTIGATION ON THESE ACCOUNTS & HAVE THE LATE PAYMENTS REMOVED IMMEDIATELY. \n\nXXXX Account # XXXX Late Payment Date:XXXX Balance : {$2.00} XXXX XXXX Account # XXXX Late XXXX XXXX : XX/XX/year> - XXXX 15 USC 1602 ( G ) ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection ( aa ) in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter. The term creditor includes a private educational lender ( as that term is defined in section 1650 of this title ) for purposes of this subchapter.\n\n15 USC 1691 ( a3 ) ( a ) Activities constituting discrimination It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction ( 1 ) on the basis of race, color, religion, national origin, sex or marital status, or age ( provided the applicant has the capacity to contract ) ; ( 2 ) because all or part of the applicants income derives from any public assistance program ; or ( 3 ) because the applicant has in good faith exercised any right under this chapter.\n\n15 USC 1637 ( a ) Required disclosures by creditor Before opening any account under an open end consumer credit plan, the creditor shall disclose to the person to whom credit is to be extended each of the following items, to the extent applicable : ( 1 ) The conditions under which a finance charge may be imposed, including the time period ( if any ) within which any credit extended may be repaid without incurring a finance charge, except that the creditor may, at his election and without disclosure, impose no such finance charge if payment is received after the termination of such time period. If no such time period is provided, the creditor shall disclose such fact.\n\n( 2 ) The method of determining the balance upon which a finance charge will be imposed.\n\n( 3 ) The method of determining the amount of the finance charge, including any minimum or fixed amount imposed as a finance charge.\n\n15 USC 1681 ( 2 ) ( A ) ( 1 ) ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter.\n\n( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.\n\n( c ) The term consumer means an individual.\n\n( d ) Consumer Report.\n\n( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.\n\n( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title ; or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] ( 3 ) Restriction on sharing of medical information.Except for information or any communication of information disclosed as provided in section 1681b ( g ) ( 3 ) of this title, the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services.\n\n15 USC 6802 ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\n( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information.\n\n( 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.\n\n( 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.\n\n( c ) Disclosure of consumer reports by users allowed A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report.\n\n( d ) Notice to users and furnishers of information ( 1 ) Notice requirement A consumer reporting agency shall provide to any person ( A ) who regularly and in the ordinary course of business furnishes information to the agency with respect to any consumer ; or ( B ) to whom a consumer report is provided by the agency ; a notice of such persons responsibilities under this subchapter.\n\n( 2 ) Content of notice The Bureau shall prescribe the content of notices under paragraph ( 1 ), and a consumer reporting agency shall be in compliance with this subsection if it provides a notice under paragraph ( 1 ) that is substantially similar to the Bureau prescription under this paragraph.\n\n15 USC 1681E ( e ) Procurement of consumer report for resale ( 1 ) Disclosure A person may not procure a consumer report for purposes of reselling the report ( or any information in the report ) unless the person discloses to the consumer reporting agency that originally furnishes the report ( A ) the identity of the end-user of the report ( or information ) ; and ( B ) each permissible purpose under section 1681b of this title for which the report is furnished to the end-user of the report ( or information ).\n\n( 2 ) Responsibilities of procurers for resale A person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall ( A ) establish and comply with reasonable procedures designed to ensure that the report ( or information ) is resold by the person only for a purpose for which the report may be furnished under section 1681b of this title, including by requiring that each person to which the report ( or information ) is resold and that resells or provides the report ( or information ) to any other person ( i ) identifies each end user of the resold report ( or information ) ; ( ii ) certifies each purpose for which the report ( or information ) will be used ; and ( iii ) certifies that the report ( or information ) will be used for no other purpose ; and ( B ) before reselling the report, make reasonable efforts to verify the identifications and certifications made under subparagraph ( A ).","date_sent_to_company":"2024-08-18T19:28:11.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"02128","tags":null,"has_narrative":true,"complaint_id":"9839774","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-08-18T19:28:09.000Z","state":"MA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account status incorrect"},"highlight":{"complaint_what_happened":["( c ) Disclosure of consumer reports by users <em>allowed</em> A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report."]},"sort":[5.242059,"9839774"]},{"_index":"complaint-public-v1","_id":"9838455","_score":5.242059,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Please Help Me Delete These LATE PAYMENTS out of My Credit Report. Its reporting inaccurate and is causing damage in my life on getting any credit extended to me please i demand to be remove/Delete. This is A Violation Of my Consumer Rights. I DISPUTED THESE LATE PAYMENT ACCOUNTS & They Did A Investigation on THE ACCOUNTS AND THEY VERIFIED IT AS ACCURATE. I WOULD LIKE A REAL THERAL INVESTIGATION ON THESE ACCOUNTS & HAVE THE LATE PAYMENTS REMOVED IMMEDIATELY. \n\nXXXX Account # XXXX Late Payment Date:XXXX Balance : {$2.00} XXXX XXXX Account # XXXX Late XXXX XXXX : XX/XX/23 - XXXX 15 USC 1602 ( G ) ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection ( aa ) in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter. The term creditor includes a private educational lender ( as that term is defined in section 1650 of this title ) for purposes of this subchapter.\n\n15 USC 1691 ( a3 ) ( a ) Activities constituting discrimination It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction ( 1 ) on the basis of race, color, religion, national origin, sex or marital status, or age ( provided the applicant has the capacity to contract ) ; ( 2 ) because all or part of the applicants income derives from any public assistance program ; or ( 3 ) because the applicant has in good faith exercised any right under this chapter.\n\n15 USC 1637 ( a ) Required disclosures by creditor Before opening any account under an open end consumer credit plan, the creditor shall disclose to the person to whom credit is to be extended each of the following items, to the extent applicable : ( 1 ) The conditions under which a finance charge may be imposed, including the time period ( if any ) within which any credit extended may be repaid without incurring a finance charge, except that the creditor may, at his election and without disclosure, impose no such finance charge if payment is received after the termination of such time period. If no such time period is provided, the creditor shall disclose such fact.\n\n( 2 ) The method of determining the balance upon which a finance charge will be imposed.\n\n( 3 ) The method of determining the amount of the finance charge, including any minimum or fixed amount imposed as a finance charge.\n\n15 USC 1681 ( 2 ) ( A ) ( 1 ) ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter.\n\n( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.\n\n( c ) The term consumer means an individual.\n\n( d ) Consumer Report.\n\n( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.\n\n( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title ; or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] ( 3 ) Restriction on sharing of medical information.Except for information or any communication of information disclosed as provided in section 1681b ( g ) ( 3 ) of this title, the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services.\n\n15 USC 6802 ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\n( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information.\n\n( 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.\n\n( 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.\n\n( c ) Disclosure of consumer reports by users allowed A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report.\n\n( d ) Notice to users and furnishers of information ( 1 ) Notice requirement A consumer reporting agency shall provide to any person ( A ) who regularly and in the ordinary course of business furnishes information to the agency with respect to any consumer ; or ( B ) to whom a consumer report is provided by the agency ; a notice of such persons responsibilities under this subchapter.\n\n( 2 ) Content of notice The Bureau shall prescribe the content of notices under paragraph ( 1 ), and a consumer reporting agency shall be in compliance with this subsection if it provides a notice under paragraph ( 1 ) that is substantially similar to the Bureau prescription under this paragraph.\n\n15 USC 1681E ( e ) Procurement of consumer report for resale ( 1 ) Disclosure A person may not procure a consumer report for purposes of reselling the report ( or any information in the report ) unless the person discloses to the consumer reporting agency that originally furnishes the report ( A ) the identity of the end-user of the report ( or information ) ; and ( B ) each permissible purpose under section 1681b of this title for which the report is furnished to the end-user of the report ( or information ).\n\n( 2 ) Responsibilities of procurers for resale A person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall ( A ) establish and comply with reasonable procedures designed to ensure that the report ( or information ) is resold by the person only for a purpose for which the report may be furnished under section 1681b of this title, including by requiring that each person to which the report ( or information ) is resold and that resells or provides the report ( or information ) to any other person ( i ) identifies each end user of the resold report ( or information ) ; ( ii ) certifies each purpose for which the report ( or information ) will be used ; and ( iii ) certifies that the report ( or information ) will be used for no other purpose ; and ( B ) before reselling the report, make reasonable efforts to verify the identifications and certifications made under subparagraph ( A ).","date_sent_to_company":"2024-08-18T19:28:11.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"02128","tags":null,"has_narrative":true,"complaint_id":"9838455","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-08-18T19:28:09.000Z","state":"MA","company_public_response":null,"sub_issue":"Account status incorrect"},"highlight":{"complaint_what_happened":["( c ) Disclosure of consumer reports by users <em>allowed</em> A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report."]},"sort":[5.242059,"9838455"]},{"_index":"complaint-public-v1","_id":"9839783","_score":5.2193737,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Please Help Me Delete These LATE PAYMENTS out of My Credit Report. Its reporting inaccurate and is causing damage in my life on getting any credit extended to me please i demand to be remove/Delete. This is A Violation Of my Consumer Rights. I DISPUTED THESE LATE PAYMENT ACCOUNTS & They Did A Investigation on THE ACCOUNTS AND THEY VERIFIED IT AS ACCURATE. I WOULD LIKE A REAL THERAL INVESTIGATION ON THESE ACCOUNTS & HAVE THE LATE PAYMENTS REMOVED IMMEDIATELY. \n\nXXXX Account XXXX  XXXX Late Payment Date:XXXX Balance : {$2.00} XXXX XXXX Account # XXXX Late Payment Dates : XX/XX/year> - XXXX XXXX USC 1602 ( G ) ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Notwithstanding the preceding sentence, in the case of an open-end credit plan involving a credit card, the card issuer and any person who honors the credit card and offers a discount which is a finance charge are creditors. For the purpose of the requirements imposed under part D of this subchapter and sections 1637 ( a ) ( 5 ), 1637 ( a ) ( 6 ), 1637 ( a ) ( 7 ), 1637 ( b ) ( 1 ), 1637 ( b ) ( 2 ), 1637 ( b ) ( 3 ), 1637 ( b ) ( 8 ), and 1637 ( b ) ( 10 ) of this title, the term creditor shall also include card issuers whether or not the amount due is payable by agreement in more than four installments or the payment of a finance charge is or may be required, and the Bureau shall, by regulation, apply these requirements to such card issuers, to the extent appropriate, even though the requirements are by their terms applicable only to creditors offering open-end credit plans. Any person who originates 2 or more mortgages referred to in subsection ( aa ) in any 12-month period or any person who originates 1 or more such mortgages through a mortgage broker shall be considered to be a creditor for purposes of this subchapter. The term creditor includes a private educational lender ( as that term is defined in section 1650 of this title ) for purposes of this subchapter.\n\n15 USC 1691 ( a3 ) ( a ) Activities constituting discrimination It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction ( 1 ) on the basis of race, color, religion, national origin, sex or marital status, or age ( provided the applicant has the capacity to contract ) ; ( 2 ) because all or part of the applicants income derives from any public assistance program ; or ( 3 ) because the applicant has in good faith exercised any right under this chapter.\n\n15 USC 1637 ( a ) Required disclosures by creditor Before opening any account under an open end consumer credit plan, the creditor shall disclose to the person to whom credit is to be extended each of the following items, to the extent applicable : ( 1 ) The conditions under which a finance charge may be imposed, including the time period ( if any ) within which any credit extended may be repaid without incurring a finance charge, except that the creditor may, at his election and without disclosure, impose no such finance charge if payment is received after the termination of such time period. If no such time period is provided, the creditor shall disclose such fact.\n\n( 2 ) The method of determining the balance upon which a finance charge will be imposed.\n\n( 3 ) The method of determining the amount of the finance charge, including any minimum or fixed amount imposed as a finance charge.\n\n15 USC 1681 ( 2 ) ( A ) ( 1 ) ( a ) Definitions and rules of construction set forth in this section are applicable for the purposes of this subchapter.\n\n( b ) The term person means any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity.\n\n( c ) The term consumer means an individual.\n\n( d ) Consumer Report.\n\n( 1 ) In general.The term consumer report means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumers credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumers eligibility for ( A ) credit or insurance to be used primarily for personal, family, or household purposes ; ( B ) employment purposes ; or ( C ) any other purpose authorized under section 1681b of this title.\n\n( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; ( ii ) communication of that information among persons related by common ownership or affiliated by corporate control ; or ( iii ) communication of other information among persons related by common ownership or affiliated by corporate control, if it is clearly and conspicuously disclosed to the consumer that the information may be communicated among such persons and the consumer is given the opportunity, before the time that the information is initially communicated, to direct that such information not be communicated among such persons ; ( B ) any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device ; ( C ) any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his or her decision with respect to such request, if the third party advises the consumer of the name and address of the person to whom the request was made, and such person makes the disclosures to the consumer required under section 1681m of this title ; or ( D ) a communication described in subsection ( o ) or ( x ). [ 1 ] ( 3 ) Restriction on sharing of medical information.Except for information or any communication of information disclosed as provided in section 1681b ( g ) ( 3 ) of this title, the exclusions in paragraph ( 2 ) shall not apply with respect to information disclosed to any person related by common ownership or affiliated by corporate control, if the information is ( A ) medical information ; ( B ) an individualized list or description based on the payment transactions of the consumer for medical products or services ; or ( C ) an aggregate list of identified consumers based on payment transactions for medical products or services.\n\n15 USC 6802 ( b ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option.\n\n( 2 ) Exception This subsection shall not prevent a financial institution from providing nonpublic personal information to a nonaffiliated third party to perform services for or functions on behalf of the financial institution, including marketing of the financial institutions own products or services, or financial products or services offered pursuant to joint agreements between two or more financial institutions that comply with the requirements imposed by the regulations prescribed under section 6804 of this title, if the financial institution fully discloses the providing of such information and enters into a contractual agreement with the third party that requires the third party to maintain the confidentiality of such information.\n\n( 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.\n\n( 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.\n\n( c ) Disclosure of consumer reports by users allowed A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report.\n\n( d ) Notice to users and furnishers of information ( 1 ) Notice requirement A consumer reporting agency shall provide to any person ( A ) who regularly and in the ordinary course of business furnishes information to the agency with respect to any consumer ; or ( B ) to whom a consumer report is provided by the agency ; a notice of such persons responsibilities under this subchapter.\n\n( 2 ) Content of notice The Bureau shall prescribe the content of notices under paragraph ( 1 ), and a consumer reporting agency shall be in compliance with this subsection if it provides a notice under paragraph ( 1 ) that is substantially similar to the Bureau prescription under this paragraph.\n\n15 USC 1681E ( e ) Procurement of consumer report for resale ( 1 ) Disclosure A person may not procure a consumer report for purposes of reselling the report ( or any information in the report ) unless the person discloses to the consumer reporting agency that originally furnishes the report ( A ) the identity of the end-user of the report ( or information ) ; and ( B ) each permissible purpose under section 1681b of this title for which the report is furnished to the end-user of the report ( or information ).\n\n( 2 ) Responsibilities of procurers for resale A person who procures a consumer report for purposes of reselling the report ( or any information in the report ) shall ( A ) establish and comply with reasonable procedures designed to ensure that the report ( or information ) is resold by the person only for a purpose for which the report may be furnished under section 1681b of this title, including by requiring that each person to which the report ( or information ) is resold and that resells or provides the report ( or information ) to any other person ( i ) identifies each end user of the resold report ( or information ) ; ( ii ) certifies each purpose for which the report ( or information ) will be used ; and ( iii ) certifies that the report ( or information ) will be used for no other purpose ; and ( B ) before reselling the report, make reasonable efforts to verify the identifications and certifications made under subparagraph ( A ).","date_sent_to_company":"2024-08-18T19:28:02.000Z","issue":"Incorrect information on your report","sub_product":"Credit reporting","zip_code":"02128","tags":null,"has_narrative":true,"complaint_id":"9839783","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-08-18T17:16:48.000Z","state":"MA","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Account status incorrect"},"highlight":{"complaint_what_happened":["( c ) Disclosure of consumer reports by users <em>allowed</em> A consumer reporting agency may not prohibit a user of a consumer report furnished by the agency on a consumer from disclosing the contents of the report to the consumer, if adverse action against the consumer has been taken by the user based in whole or in part on the report."]},"sort":[5.2193737,"9839783"]},{"_index":"complaint-public-v1","_id":"8265448","_score":4.5584188,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Since you misunderstood my first complaint, I'm sending it again to more explain your illegal reporting error via the Law.\n\n15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; which means reporting transaction history is illegal. \n\n12 CFR Part 1016 - PART 1016PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) 12 CFR 1016.1 - Purpose and scope. \n( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices ; ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 1016.13, 1016.14, and 1016.15. \n\nThe term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer. Also ( b ) ( XXXX ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. \n\nDuring your time when you serviced my student loans owned by the XXXX XXXX XXXX XXXX, your company ( XXXX XXXX ) has broken the law by the improper use of report by improperly reporting nonpublic personal information. Among the Family Educational Rights and Privacy Act ( FERPA ) and the FCRA have all been violated by your company ( XXXX XXXX ). Since federal law was enacted in 1974 that protects the privacy of student education records, your company ( XXXX XXXX ) has provided my nonpublic personal information to TransUnion and XXXX. XXXX applies to any public or private elementary, secondary, or post-secondary school. \n\n20 USC 1232g - Family Educational Rights and Privacy Act ( FERPA ) ( b ) Release of education records ; parental consent requirement ; exceptions ; compliance with judicial orders and subpoenas ; audit and evaluation of federally-supported education programs ; recordkeeping ( XXXX ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records ( or personally identifiable information contained therein other than directory information, as defined in paragraph ( 5 ) of subsection ( a ) ) of students without the written consent of their parents to any individual, agency, or organization, other than to the following ( A ) other school officials, including teachers within the educational institution or local educational agency, who have been determined by such agency or institution to have legitimate educational interests, including the educational interests of the child for whom consent would otherwise be required ; ( B ) officials of other schools or school systems in which the student seeks or intends to enroll, upon condition that the students parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record ; ( C ) ( i ) authorized representatives of ( I ) the Comptroller General of the United States , ( II ) the Secretary, or ( III ) State educational authorities, under the conditions set forth in paragraph ( 3 ), or ( ii ) authorized representatives of the Attorney General for law enforcement purposes under the same conditions as apply to the Secretary under paragraph ( 3 ) ; ( D ) in connection with a students application for, or receipt of, financial aid ; ( E ) State and local officials or authorities to whom such information is specifically allowed to be reported or disclosed pursuant to State statute adopted ( i ) before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve the student whose records are released, or ( ii ) after November 19, 1974, if ( II ) the officials and authorities to whom such information is disclosed certify in writing to the educational agency or institution that the information will not be disclosed to any other party except as provided under State law without the prior written consent of the parent of the student. [ 1 ] ( F ) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted ; ( G ) accrediting organizations in order to carry out their accrediting functions ; ( H ) parents of a dependent student of such parents, as defined in section 152 of title 26 ; ( I ) subject to regulations of the Secretary, in connection with an emergency, appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons ; ( J ) ( i ) the entity or persons designated in a Federal grand jury subpoena, in which case the court shall order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished to the grand jury in response to the subpoena ; and ( ii ) the entity or persons designated in any other subpoena issued for a law enforcement purpose, in which case the court or other issuing agency may order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena ; ( K ) the Secretary of Agriculture, or authorized representative from the Food and Nutrition Service or contractors acting on behalf of the Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations, and performance measurements of State and local educational and other agencies and institutions receiving funding or providing benefits of 1 or more programs authorized under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) for which the results will be reported in an aggregate form that does not identify any individual, on the conditions that ( i ) any data collected under this subparagraph shall be protected in a manner that will not permit the personal identification of students and their parents by other than the authorized representatives of the Secretary; and ( ii ) any personally identifiable data shall be destroyed when the data are no longer needed for program monitoring, evaluations, and performance measurements; and ( L ) an agency caseworker or other representative of a State or local child welfare agency, or tribal organization ( as defined in section 5304 of title 25 ), who has the right to access a students case plan, as defined and determined by the State or tribal organization, when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student, provided that the education records, or the personally identifiable information contained in such records, of the student will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the students education needs and authorized by such agency or organization to receive such disclosure and such disclosure is consistent with the State or tribal laws applicable to protecting the confidentiality of a students education records.\n\nNothing in subparagraph ( E ) of this paragraph shall prevent a State from further limiting the number or type of State or local officials who will continue to have access thereunder.\n\n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph ( 1 ) of this subsection, unless ( A ) there is written consent from the students parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the students parents and the student if desired by the parents, or ( B ) except as provided in paragraph ( 1 ) ( J ), such information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution or agency, except when a parent is a party to a court proceeding involving child abuse and neglect ( as defined in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note ) ) or dependency matters, and the order is issued in the context of that proceeding, additional notice to the parent by the educational agency or institution is not required.\n\n( 3 ) Nothing contained in this section shall preclude authorized representatives of ( A ) the Comptroller General of the United States, ( B ) the Secretary, or ( C ) State educational authorities from having access to student or other records which may be necessary in connection with the audit and evaluation of Federally-supported education programs, or in connection with the enforcement of the Federal legal requirements which relate to such programs : Provided, That except when collection of personally identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal requirements.\n\n( 4 ) ( A ) Each educational agency or institution shall maintain a record, kept with the education records of each student, which will indicate all individuals ( other than those specified in paragraph ( 1 ) ( A ) of this subsection ), agencies, or organizations which have requested or obtained access to a students education records maintained by such educational agency or institution, and which will indicate specifically the legitimate interest that each such person, agency, or organization has in obtaining this information. Such record of access shall be available only to parents, to the school official and his assistants who are responsible for the custody of such records, and to persons or organizations authorized in, and under the conditions of, clauses ( A ) and ( C ) of paragraph ( 1 ) as a means of auditing the operation of the system.\n\n( B ) With respect to this subsection, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. If a third party outside the educational agency or institution permits access to information in violation of paragraph ( 2 ) ( A ), or fails to destroy information in violation of paragraph ( 1 ) ( F ), the educational agency or institution shall be prohibited from permitting access to information from education records to that third party for a period of not less than five years.\n\n( 5 ) Nothing in this section shall be construed to prohibit State and local educational officials from having access to student or other records which may be necessary in connection with the audit and evaluation of any federally or State supported education program or in connection with the enforcement of the Federal legal requirements which relate to any such program, subject to the conditions specified in the proviso in paragraph ( 3 ).\n\n( 6 ) ( A ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing, to an alleged victim of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible sex offense, the final results of any disciplinary proceeding conducted by such institution against the alleged perpetrator of such crime or offense with respect to such crime or offense.\n\n( B ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing the final results of any disciplinary proceeding conducted by such institution against a student who is an alleged perpetrator of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible sex offense, if the institution determines as a result of that disciplinary proceeding that the student committed a violation of the institutions rules or policies with respect to such crime or offense.\n\n( C ) For the purpose of this paragraph, the final results of any disciplinary proceeding ( i ) shall include only the name of the student, the violation committed, and any sanction imposed by the institution on that student; and ( ii ) may include the name of any other student, such as a victim or witness, only with the written consent of that other student.\n\n( 7 ) ( A ) Nothing in this section may be construed to prohibit an educational institution from disclosing information provided to the institution under section 14071 [ 2 ] of title 42 concerning registered sex offenders who are required to register under such section.\n\n( B ) The Secretary shall take appropriate steps to notify educational institutions that disclosure of information described in subparagraph ( A ) is permitted.\n\nI have the right to make sure my private information isn't shared with anyone which is backed by 15 USC 6801 which states, ( a ) PRIVACY OBLIGATION POLICY - It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. Full Account # XXXX. [ Listed on Transunion as XXXX XXXX - Account # : XXXX ; Date : XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX ; Amount : {$91000.00} ; on XXXX as XXXX XXXX - Account # : XXXX ; Date : XX/XX/XXXX ; Amount : {$80000.00} ]. XXXX XXXX is a financial institution by definition under that title. Transunion and XXXX are consumer reporting agencies and I am the Consumer. In the Fair Credit Reporting Act, 15 USC 1681 - CONGRESSIONAL FINDINGS AND STATEMENT OF PURPOSE ( a ) ACCURACY AND FAIRNESS OF CREDIT REPORTING states ( 4 ) \" There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures - It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. As of XX/XX/XXXX, XXXX XXXX is still reporting to Transunion and XXXX, which is not accurate due to both reports carrying different amounts and dates. Separate attachments will be provided of such consumer credit report. 15 USC 1681b - PERMISSIBLE PURPOSES OF CONSUMER REPORTS states that ( a ) \" In general 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. '' P.L 90-321 ( 82 Stat. 146 ) which is the law that backs the code is even stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ). Any and all consent to Transunion, XXXX and XXXX XXXX whether it be verbal, non-verbal, written, implied or otherwise is revoked. XXXX XXXX the financial institution and the Consumer reporting agency Transunion and XXXX do not have my consent to furnish this information and they surely do not have my written consent. XXXX XXXX never informed me of my right to exercise my nondisclosure option. In addition, in 15 USC 1681c - REQUIREMENT RELATING TO INFORMATION CONTAINED IN CONSUMER REPORTS states ( a ) \" Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information. ( 5 ) 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 USC 1681s2 ( 1 ) ( A ) - RESPONSIBILITIES OF FURNISHERS OF INFORMATION TO CONSUMER REPORTING AGENCIES 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. Its inaccurate because it is nonpublic personal information being reported on my report. 15 USC 6802 - OBLIGATIONS WITH RESPECT TO DISCLOSURE OF PERSONAL INFORMATION states that ( b ) ( 1 ) \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' 15 USC 1681e - COMPLIANCE PROCEDURES states ( 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. ( 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. By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title. 15 USC 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. Every company in their agreements with consumers said they would follow the law and agreed to do so. They are aware that they are breaking the law. 15 USC 1681o - CIVIL LIABILITY FOR NEGLIGENT NONCOMPLIANCE ( a ) In general 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 ( a ) In general - Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable Law. The Privacy Act of 1974 ( 5 USC 552a ) is also violated. Transunion and Equifax are clearly not maintaining reasonable procedures. Lastly, 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' Per the FCRA, as a federally protected consumer, I am opting out of any and all authorization, I, the consumer may have given you, written, unwritten, verbal, and nonverbal per 15 USC 6802.","date_sent_to_company":"2024-02-01T07:48:01.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"33317","tags":null,"has_narrative":true,"complaint_id":"8265448","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2024-02-01T07:47:56.000Z","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":["XXXX <em>applies</em> to any public or private elementary, secondary, or post-secondary school. \n\n20 USC 1232g - Family Educational Rights and Privacy Act ( FERPA ) ( b ) Release of education records ; parental consent requirement ; <em>exceptions</em> ; compliance with judicial orders and subpoenas ; audit and evaluation of federally-supported education programs ; recordkeeping ( XXXX ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice"]},"sort":[4.5584188,"8265448"]},{"_index":"complaint-public-v1","_id":"8265447","_score":4.5381575,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Since you misunderstood my first complaint, I'm sending it again to more explain your illegal reporting error via the Law.\n\n15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; which means reporting transaction history is illegal.\n\n12 CFR Part 1016 - PART 1016PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) 12 CFR 1016.1 - Purpose and scope.\n\n( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices ; ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 1016.13, 1016.14, and 1016.15.\n\nThe term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer. Also ( b ) ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. \n\nDuring your time when you serviced my student loans owned by the XXXX XXXX XXXX XXXX, your company ( XXXX XXXX ) has broken the law by the improper use of report by improperly reporting nonpublic personal information. Among the Family Educational Rights and Privacy Act ( XXXX ) and the FCRA have all been violated by your company ( XXXX XXXX ). Since federal law was enacted in 1974 that protects the privacy of student education records, your company ( XXXX XXXX ) has provided my nonpublic personal information to XXXX and Equifax. FERPA applies to any public or private elementary, secondary, or post-secondary school.\n\n20 USC 1232g - Family Educational Rights and Privacy Act ( FERPA ) ( b ) Release of education records ; parental consent requirement ; exceptions ; compliance with judicial orders and subpoenas ; audit and evaluation of federally-supported education programs ; recordkeeping ( 1 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records ( or personally identifiable information contained therein other than directory information, as defined in paragraph ( 5 ) of subsection ( a ) ) of students without the written consent of their parents to any individual, agency, or organization, other than to the following ( A ) other school officials, including teachers within the educational institution or local educational agency, who have been determined by such agency or institution to have legitimate educational interests, including the educational interests of the child for whom consent would otherwise be required ; ( B ) officials of other schools or school systems in which the student seeks or intends to enroll, upon condition that the students parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record ; ( C ) ( i ) authorized representatives of ( I ) the Comptroller General of the United States , ( II ) the Secretary, or ( III ) State educational authorities, under the conditions set forth in paragraph ( 3 ), or ( ii ) authorized representatives of the Attorney General for law enforcement purposes under the same conditions as apply to the Secretary under paragraph ( 3 ) ; ( D ) in connection with a students application for, or receipt of, financial aid ; ( E ) State and local officials or authorities to whom such information is specifically allowed to be reported or disclosed pursuant to State statute adopted ( i ) before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve the student whose records are released, or ( ii ) after November 19, 1974, if ( II ) the officials and authorities to whom such information is disclosed certify in writing to the educational agency or institution that the information will not be disclosed to any other party except as provided under State law without the prior written consent of the parent of the student. [ 1 ] ( F ) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted ; ( G ) accrediting organizations in order to carry out their accrediting functions ; ( H ) parents of a dependent student of such parents, as defined in section 152 of title 26 ; ( I ) subject to regulations of the Secretary, in connection with an emergency, appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons ; ( J ) ( i ) the entity or persons designated in a Federal grand jury subpoena, in which case the court shall order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished to the grand jury in response to the subpoena ; and ( ii ) the entity or persons designated in any other subpoena issued for a law enforcement purpose, in which case the court or other issuing agency may order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena ; ( K ) the Secretary of Agriculture, or authorized representative from the Food and Nutrition Service or contractors acting on behalf of the Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations, and performance measurements of State and local educational and other agencies and institutions receiving funding or providing benefits of 1 or more programs authorized under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) for which the results will be reported in an aggregate form that does not identify any individual, on the conditions that ( i ) any data collected under this subparagraph shall be protected in a manner that will not permit the personal identification of students and their parents by other than the authorized representatives of the Secretary; and ( ii ) any personally identifiable data shall be destroyed when the data are no longer needed for program monitoring, evaluations, and performance measurements; and ( L ) an agency caseworker or other representative of a State or local child welfare agency, or tribal organization ( as defined in section 5304 of title 25 ), who has the right to access a students case plan, as defined and determined by the State or tribal organization, when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student, provided that the education records, or the personally identifiable information contained in such records, of the student will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the students education needs and authorized by such agency or organization to receive such disclosure and such disclosure is consistent with the State or tribal laws applicable to protecting the confidentiality of a students education records.\n\nNothing in subparagraph ( E ) of this paragraph shall prevent a State from further limiting the number or type of State or local officials who will continue to have access thereunder.\n\n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph ( 1 ) of this subsection, unless ( A ) there is written consent from the students parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the students parents and the student if desired by the parents, or ( B ) except as provided in paragraph ( 1 ) ( J ), such information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution or agency, except when a parent is a party to a court proceeding involving child abuse and neglect ( as defined in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note ) ) or dependency matters, and the order is issued in the context of that proceeding, additional notice to the parent by the educational agency or institution is not required.\n\n( 3 ) Nothing contained in this section shall preclude authorized representatives of ( A ) the Comptroller General of the United States, ( B ) the Secretary, or ( C ) State educational authorities from having access to student or other records which may be necessary in connection with the audit and evaluation of Federally-supported education programs, or in connection with the enforcement of the Federal legal requirements which relate to such programs : Provided, That except when collection of personally identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal requirements.\n\n( 4 ) ( A ) Each educational agency or institution shall maintain a record, kept with the education records of each student, which will indicate all individuals ( other than those specified in paragraph ( 1 ) ( A ) of this subsection ), agencies, or organizations which have requested or obtained access to a students education records maintained by such educational agency or institution, and which will indicate specifically the legitimate interest that each such person, agency, or organization has in obtaining this information. Such record of access shall be available only to parents, to the school official and his assistants who are responsible for the custody of such records, and to persons or organizations authorized in, and under the conditions of, clauses ( A ) and ( C ) of paragraph ( 1 ) as a means of auditing the operation of the system.\n\n( B ) With respect to this subsection, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. If a third party outside the educational agency or institution permits access to information in violation of paragraph ( 2 ) ( A ), or fails to destroy information in violation of paragraph ( 1 ) ( F ), the educational agency or institution shall be prohibited from permitting access to information from education records to that third party for a period of not less than five years.\n\n( 5 ) Nothing in this section shall be construed to prohibit State and local educational officials from having access to student or other records which may be necessary in connection with the audit and evaluation of any federally or State supported education program or in connection with the enforcement of the Federal legal requirements which relate to any such program, subject to the conditions specified in the proviso in paragraph ( 3 ).\n\n( 6 ) ( A ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing, to an alleged victim of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible sex offense, the final results of any disciplinary proceeding conducted by such institution against the alleged perpetrator of such crime or offense with respect to such crime or offense.\n\n( B ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing the final results of any disciplinary proceeding conducted by such institution against a student who is an alleged perpetrator of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible sex offense, if the institution determines as a result of that disciplinary proceeding that the student committed a violation of the institutions rules or policies with respect to such crime or offense.\n\n( C ) For the purpose of this paragraph, the final results of any disciplinary proceeding ( i ) shall include only the name of the student, the violation committed, and any sanction imposed by the institution on that student; and ( ii ) may include the name of any other student, such as a victim or witness, only with the written consent of that other student.\n\n( 7 ) ( A ) Nothing in this section may be construed to prohibit an educational institution from disclosing information provided to the institution under section 14071 [ 2 ] of title 42 concerning registered sex offenders who are required to register under such section.\n\n( B ) The Secretary shall take appropriate steps to notify educational institutions that disclosure of information described in subparagraph ( A ) is permitted.\n\nI have the right to make sure my private information isn't shared with anyone which is backed by 15 USC 6801 which states, ( a ) PRIVACY OBLIGATION POLICY - It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. Full Account # XXXX. [ Listed on XXXX as XXXX XXXX - Account # : XXXX ; Date : XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX ; Amount : {$91000.00} ; on Equifax as XXXX XXXX - Account # : XXXX ; Date : XX/XX/XXXX ; Amount : {$80000.00} ]. XXXX XXXX is a financial institution by definition under that title. XXXX and Equifax are consumer reporting agencies and I am the Consumer. In the Fair Credit Reporting Act, 15 USC 1681 - CONGRESSIONAL FINDINGS AND STATEMENT OF PURPOSE ( a ) ACCURACY AND FAIRNESS OF CREDIT REPORTING states ( 4 ) \" There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures - It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. As of XX/XX/XXXX, XXXX XXXX is still reporting to XXXX and Equifax, which is not accurate due to both reports carrying different amounts and dates. Separate attachments will be provided of such consumer credit report. 15 USC 1681b - PERMISSIBLE PURPOSES OF CONSUMER REPORTS states that ( a ) \" In general 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. '' P.L 90-321 ( 82 Stat. 146 ) which is the law that backs the code is even stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ). Any and all consent to XXXX, Equifax and XXXX XXXX whether it be verbal, non-verbal, written, implied or otherwise is revoked. XXXX XXXX the financial institution and the Consumer reporting agency XXXX and Equifax do not have my consent to furnish this information and they surely do not have my written consent. XXXX XXXX never informed me of my right to exercise my nondisclosure option. In addition, in 15 USC 1681c - REQUIREMENT RELATING TO INFORMATION CONTAINED IN CONSUMER REPORTS states ( a ) \" Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information. ( 5 ) 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 USC 1681s2 ( 1 ) ( A ) - RESPONSIBILITIES OF FURNISHERS OF INFORMATION TO CONSUMER REPORTING AGENCIES 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. Its inaccurate because it is nonpublic personal information being reported on my report. 15 USC 6802 - OBLIGATIONS WITH RESPECT TO DISCLOSURE OF PERSONAL INFORMATION states that ( b ) ( 1 ) \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' 15 USC 1681e - COMPLIANCE PROCEDURES states ( 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. ( 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. By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title. 15 USC 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. Every company in their agreements with consumers said they would follow the law and agreed to do so. They are aware that they are breaking the law. 15 USC 1681o - CIVIL LIABILITY FOR NEGLIGENT NONCOMPLIANCE ( a ) In general 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 ( a ) In general - Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable Law. The Privacy Act of 1974 ( 5 USC 552a ) is also violated. XXXX and Equifax are clearly not maintaining reasonable procedures. Lastly, 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' Per the FCRA, as a federally protected consumer, I am opting out of any and all authorization, I, the consumer may have given you, written, unwritten, verbal, and nonverbal per 15 USC 6802.","date_sent_to_company":"2024-02-01T07:48:01.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"33317","tags":null,"has_narrative":true,"complaint_id":"8265447","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2024-02-01T07:47:56.000Z","state":"FL","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["FERPA <em>applies</em> to any public or private elementary, secondary, or post-secondary school.\n\n20 USC 1232g - Family Educational Rights and Privacy Act ( FERPA ) ( b ) Release of education records ; parental consent requirement ; <em>exceptions</em> ; compliance with judicial orders and subpoenas ; audit and evaluation of federally-supported education programs ; recordkeeping ( 1 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice"]},"sort":[4.5381575,"8265447"]},{"_index":"complaint-public-v1","_id":"8265280","_score":4.533212,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Since you misunderstood my first complaint, I'm sending it again to more explain your illegal reporting error via the Law.\n\n15 U.S. Code 1681a - Definitions ; rules of construction ( 2 ) Exclusions.Except as provided in paragraph ( 3 ), the term consumer report does not include ( A ) subject to section 1681s3 of this title, any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; which means reporting transaction history is illegal. \n\n12 CFR Part 1016 - PART 1016PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) 12 CFR 1016.1 - Purpose and scope. \n( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices ; ( 3 ) Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 1016.13, 1016.14, and 1016.15.\n\nThe term nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer. Also ( b ) ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.\n\nDuring your time when you serviced my student loans owned by the US Department of Education, your company ( FEDLOAN SERVICING ) has broken the law by the improper use of report by improperly reporting nonpublic personal information. Among the Family Educational Rights and Privacy Act ( FERPA ) and the FCRA have all been violated by your company ( FEDLOAN SERVICING ). Since federal law was enacted in 1974 that protects the privacy of student education records, your company ( FEDLOAN SERVICING ) has provided my nonpublic personal information to XXXX and XXXX. FERPA applies to any public or private elementary, secondary, or post-secondary school.\n\n20 USC 1232g - Family Educational Rights and Privacy Act ( FERPA ) ( b ) Release of education records ; parental consent requirement ; exceptions ; compliance with judicial orders and subpoenas ; audit and evaluation of federally-supported education programs ; recordkeeping ( 1 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records ( or personally identifiable information contained therein other than directory information, as defined in paragraph ( 5 ) of subsection ( a ) ) of students without the written consent of their parents to any individual, agency, or organization, other than to the following ( A ) other school officials, including teachers within the educational institution or local educational agency, who have been determined by such agency or institution to have legitimate educational interests, including the educational interests of the child for whom consent would otherwise be required ; ( B ) officials of other schools or school systems in which the student seeks or intends to enroll, upon condition that the students parents be notified of the transfer, receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record ; ( C ) ( i ) authorized representatives of ( I ) the Comptroller General of the United States , ( II ) the Secretary, or ( III ) State educational authorities, under the conditions set forth in paragraph ( 3 ), or ( ii ) authorized representatives of the Attorney General for law enforcement purposes under the same conditions as apply to the Secretary under paragraph ( 3 ) ; ( D ) in connection with a students application for, or receipt of, financial aid ; ( E ) State and local officials or authorities to whom such information is specifically allowed to be reported or disclosed pursuant to State statute adopted ( i ) before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and such systems ability to effectively serve the student whose records are released, or ( ii ) after November 19, 1974, if ( II ) the officials and authorities to whom such information is disclosed certify in writing to the educational agency or institution that the information will not be disclosed to any other party except as provided under State law without the prior written consent of the parent of the student. [ 1 ] ( F ) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it is conducted ; ( G ) accrediting organizations in order to carry out their accrediting functions ; ( H ) parents of a dependent student of such parents, as defined in section 152 of title 26 ; ( I ) subject to regulations of the Secretary, in connection with an emergency, appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or other persons ; ( J ) ( i ) the entity or persons designated in a Federal grand jury subpoena, in which case the court shall order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished to the grand jury in response to the subpoena ; and ( ii ) the entity or persons designated in any other subpoena issued for a law enforcement purpose, in which case the court or other issuing agency may order, for good cause shown, the educational agency or institution ( and any officer, director, employee, agent, or attorney for such agency or institution ) on which the subpoena is served, to not disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena ; ( K ) the Secretary of Agriculture, or authorized representative from the Food and Nutrition Service or contractors acting on behalf of the Food and Nutrition Service, for the purposes of conducting program monitoring, evaluations, and performance measurements of State and local educational and other agencies and institutions receiving funding or providing benefits of 1 or more programs authorized under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ) or the Child Nutrition Act of 1966 ( 42 U.S.C. 1771 et seq. ) for which the results will be reported in an aggregate form that does not identify any individual, on the conditions that ( i ) any data collected under this subparagraph shall be protected in a manner that will not permit the personal identification of students and their parents by other than the authorized representatives of the Secretary; and ( ii ) any personally identifiable data shall be destroyed when the data are no longer needed for program monitoring, evaluations, and performance measurements; and ( L ) an agency caseworker or other representative of a State or local child welfare agency, or tribal organization ( as defined in section 5304 of title 25 ), who has the right to access a students case plan, as defined and determined by the State or tribal organization, when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student, provided that the education records, or the personally identifiable information contained in such records, of the student will not be disclosed by such agency or organization, except to an individual or entity engaged in addressing the students education needs and authorized by such agency or organization to receive such disclosure and such disclosure is consistent with the State or tribal laws applicable to protecting the confidentiality of a students education records.\n\nNothing in subparagraph ( E ) of this paragraph shall prevent a State from further limiting the number or type of State or local officials who will continue to have access thereunder.\n\n( 2 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph ( 1 ) of this subsection, unless ( A ) there is written consent from the students parents specifying records to be released, the reasons for such release, and to whom, and with a copy of the records to be released to the students parents and the student if desired by the parents, or ( B ) except as provided in paragraph ( 1 ) ( J ), such information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution or agency, except when a parent is a party to a court proceeding involving child abuse and neglect ( as defined in section 3 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 note ) ) or dependency matters, and the order is issued in the context of that proceeding, additional notice to the parent by the educational agency or institution is not required.\n\n( 3 ) Nothing contained in this section shall preclude authorized representatives of ( A ) the Comptroller General of the United States, ( B ) the Secretary, or ( C ) State educational authorities from having access to student or other records which may be necessary in connection with the audit and evaluation of Federally-supported education programs, or in connection with the enforcement of the Federal legal requirements which relate to such programs : Provided, That except when collection of personally identifiable information is specifically authorized by Federal law, any data collected by such officials shall be protected in a manner which will not permit the personal identification of students and their parents by other than those officials, and such personally identifiable data shall be destroyed when no longer needed for such audit, evaluation, and enforcement of Federal legal requirements.\n\n( 4 ) ( A ) Each educational agency or institution shall maintain a record, kept with the education records of each student, which will indicate all individuals ( other than those specified in paragraph ( 1 ) ( A ) of this subsection ), agencies, or organizations which have requested or obtained access to a students education records maintained by such educational agency or institution, and which will indicate specifically the legitimate interest that each such person, agency, or organization has in obtaining this information. Such record of access shall be available only to parents, to the school official and his assistants who are responsible for the custody of such records, and to persons or organizations authorized in, and under the conditions of, clauses ( A ) and ( C ) of paragraph ( 1 ) as a means of auditing the operation of the system.\n\n( B ) With respect to this subsection, personal information shall only be transferred to a third party on the condition that such party will not permit any other party to have access to such information without the written consent of the parents of the student. If a third party outside the educational agency or institution permits access to information in violation of paragraph ( 2 ) ( A ), or fails to destroy information in violation of paragraph ( 1 ) ( F ), the educational agency or institution shall be prohibited from permitting access to information from education records to that third party for a period of not less than five years.\n\n( 5 ) Nothing in this section shall be construed to prohibit State and local educational officials from having access to student or other records which may be necessary in connection with the audit and evaluation of any federally or State supported education program or in connection with the enforcement of the Federal legal requirements which relate to any such program, subject to the conditions specified in the proviso in paragraph ( 3 ).\n\n( 6 ) ( A ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing, to an alleged victim of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible sex offense, the final results of any disciplinary proceeding conducted by such institution against the alleged perpetrator of such crime or offense with respect to such crime or offense.\n\n( B ) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing the final results of any disciplinary proceeding conducted by such institution against a student who is an alleged perpetrator of any crime of violence ( as that term is defined in section 16 of title 18 ), or a nonforcible sex offense, if the institution determines as a result of that disciplinary proceeding that the student committed a violation of the institutions rules or policies with respect to such crime or offense.\n\n( C ) For the purpose of this paragraph, the final results of any disciplinary proceeding ( i ) shall include only the name of the student, the violation committed, and any sanction imposed by the institution on that student; and ( ii ) may include the name of any other student, such as a victim or witness, only with the written consent of that other student.\n\n( 7 ) ( A ) Nothing in this section may be construed to prohibit an educational institution from disclosing information provided to the institution under section 14071 [ 2 ] of title 42 concerning registered sex offenders who are required to register under such section.\n\n( B ) The Secretary shall take appropriate steps to notify educational institutions that disclosure of information described in subparagraph ( A ) is permitted.\n\nI have the right to make sure my private information isn't shared with anyone which is backed by 15 USC 6801 which states, ( a ) PRIVACY OBLIGATION POLICY - It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. Full Account # XXXX. [ Listed on XXXX as FEDLOAN SERVICING - Account # : XXXX ; Date : XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX ; Amount : {$91000.00} ; on XXXX as FEDLOAN SERVICING - Account # : XXXX ; Date : XX/XX/XXXX ; Amount : {$80000.00} ]. FEDLOAN SERVICING is a financial institution by definition under that title. XXXX and XXXX are consumer reporting agencies and I am the Consumer. In the Fair Credit Reporting Act, 15 USC 1681 - CONGRESSIONAL FINDINGS AND STATEMENT OF PURPOSE ( a ) ACCURACY AND FAIRNESS OF CREDIT REPORTING states ( 4 ) \" There is a need to insure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and a respect for the consumers right to privacy. ( b ) Reasonable procedures - It is the purpose of this subchapter to require that consumer reporting agencies adopt reasonable procedures for meeting the needs of commerce for consumer credit, personnel, insurance, and other information in a manner which is fair and equitable to the consumer, with regard to the confidentiality, accuracy, relevancy, and proper utilization of such information in accordance with the requirements of this subchapter. As of XXXX XXXX, Fedloan Servicing is still reporting to Transunion and Equifax, which is not accurate due to both reports carrying different amounts and dates. Separate attachments will be provided of such consumer credit report. 15 USC 1681b - PERMISSIBLE PURPOSES OF CONSUMER REPORTS states that ( a ) \" In general 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. '' P.L 90-321 ( 82 Stat. 146 ) which is the law that backs the code is even stricter as it states that any agency can only get your report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ). Any and all consent to XXXX, XXXX and FEDLOAN SERVICING whether it be verbal, non-verbal, written, implied or otherwise is revoked. FEDLOAN SERVICING the financial institution and the Consumer reporting agency XXXX and XXXX do not have my consent to furnish this information and they surely do not have my written consent. FEDLOAN SERVICING never informed me of my right to exercise my nondisclosure option. In addition, in 15 USC 1681c - REQUIREMENT RELATING TO INFORMATION CONTAINED IN CONSUMER REPORTS states ( a ) \" Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information. ( 5 ) 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 USC 1681s2 ( 1 ) ( A ) - RESPONSIBILITIES OF FURNISHERS OF INFORMATION TO CONSUMER REPORTING AGENCIES 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. Its inaccurate because it is nonpublic personal information being reported on my report. 15 USC 6802 - OBLIGATIONS WITH RESPECT TO DISCLOSURE OF PERSONAL INFORMATION states that ( b ) ( 1 ) \" A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. '' 15 USC 1681e - COMPLIANCE PROCEDURES states ( 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. ( 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. By violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title. 15 USC 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. Every company in their agreements with consumers said they would follow the law and agreed to do so. They are aware that they are breaking the law. 15 USC 1681o - CIVIL LIABILITY FOR NEGLIGENT NONCOMPLIANCE ( a ) In general 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 ( a ) In general - Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable Law. The Privacy Act of 1974 ( 5 USC 552a ) is also violated. XXXX and XXXX are clearly not maintaining reasonable procedures. Lastly, 12 CFR 1016.7 states that \" A consumer may exercise the right to opt out at any time. '' Per the FCRA, as a federally protected consumer, I am opting out of any and all authorization, I, the consumer may have given you, written, unwritten, verbal, and nonverbal per 15 USC 6802.","date_sent_to_company":"2024-02-01T07:47:51.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"33317","tags":null,"has_narrative":true,"complaint_id":"8265280","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"AES/PHEAA","date_received":"2024-02-01T07:20:06.000Z","state":"FL","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["FERPA <em>applies</em> to any public or private elementary, secondary, or post-secondary school.\n\n20 USC 1232g - Family Educational Rights and Privacy Act ( FERPA ) ( b ) Release of education records ; parental consent requirement ; <em>exceptions</em> ; compliance with judicial orders and subpoenas ; audit and evaluation of federally-supported education programs ; recordkeeping ( 1 ) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice"]},"sort":[4.533212,"8265280"]},{"_index":"complaint-public-v1","_id":"9070532","_score":4.2147655,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"15 U.S. Code 1681- Congressional findings and statement of purpose a ) Accuracy and fairness of credit reporting The Congress makes the following findings : ( 4 ) 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. As you can see there is a need to protect my right to privacy. 15 U.S. Code 1681a - Definitions ; rules of construction : 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. 604. Permissible purposes of consumer reports [ 15 U.S.C. 1681b ] In general. 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. This means you can not report without my consent. You need my written consent to add anything to my consumer report if you did not give this authorization that is a violation of the Fair Credit Reporting Act. P.L 90-321 ( 82 Stat. 146 ) which is a law that backs the code, that is even stricter as it states that any agency can only get my report in response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ). 15 U.S. Code 1681c - Requirements relating to information contained in consumer reports Except as authorized under subsection : ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information : Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years. No adverse item besides the conviction of crimes should be on a report. Any item that is a derogatory mark is not allowed into consumer reports, this is another violation. 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.\n( 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.\n\nBy violating section 1681b for permissible purpose and 1681c for information contained in consumer reports they are also violating compliance procedures under this title.\n\n15 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 ; Every company in their agreements with consumers said they would follow the law and agreed to do so. They are aware that they are breaking the law.\n\n15 U.S. Code 1681o - Civil liability for negligent noncompliance In general : 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 Negligent noncompliance means the law was violated not on purpose but just due to a lack of knowledge on the required reporting procedures.\n\n15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies : ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate.\n\n( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate; and ( ii ) the information is, in fact, inaccurate.\n\nOnce you notify the consumer agencies that there is inaccurate information they must immediately stop reporting that information until they can prove that it is valid.\n\nPrivacy Act of 1974 ( 5 U.S. Code 552a ) Important Definitions : ( 4 ) the term record means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph ; This includes consumer reports : ( b ) Conditions of Disclosure.No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be : ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.\n\nAgain you need prior written instruction of the individual to whom it relates.\n\nSection 3711 ( e ) of title 31 States : ( 1 ) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1986 ( 26 U.S.C. 1 et seq. ), the head of an executive, judicial, or legislative agency shall disclose to a consumer reporting agency information from a system of records that a person is responsible for a claim if : ( E ) the head of the agency has established procedures to ( iii ) get satisfactory assurances from each consumer reporting agency that the agency is complying with all laws of the United States related to providing consumer credit information ; and Either way you have violated not only the Fair Credit Reporting Act but also the Privacy Act of 1974.\n\n15 U.S. Code 6801 - Protection of nonpublic personal information ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information. Nonpublic personal information means personally identifiable financial information ( i ) provided by a consumer to a financial institution ; ( ii ) resulting from any transaction with the consumer or any service performed for the consumer; or ( iii ) otherwise obtained by the financial institution.\n\n15 U.S. Code 6802 - Obligations with respect to disclosures of personal information ( a ) Notice requirements Except as otherwise provided in this subchapter, a financial institution may not, directly or through any affiliate, disclose to a nonaffiliated third party any nonpublic personal information, unless such financial institution provides or has provided to the consumer a notice that complies with section 6803 of this title.\n\nb ) Opt out ( 1 ) In general A financial institution may not disclose nonpublic personal information to a nonaffiliated third party unless : ( A ) such financial institution clearly and conspicuously discloses to the consumer, in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title, that such information may be disclosed to such third party ; ( B ) the consumer is given the opportunity, before the time that such information is initially disclosed, to direct that such information not be disclosed to such third party ; and ( C ) the consumer is given an explanation of how the consumer can exercise that nondisclosure option. Which means I can opt out.\n\n15 U.S. Code 6805 - Enforcement ( a ) In general Subject to subtitle B of the Consumer Financial Protection Act of 2010 [ 12 U.S.C. 5511 et seq. ], this subchapter and the regulations prescribed thereunder shall be enforced by the Bureau of Consumer Financial Protection, the Federal functional regulators, the State insurance authorities, and the Federal Trade Commission with respect to financial institutions and other persons subject to their jurisdiction under applicable law.\n\nI have the right to opt out of anything on my report at any time and the companies must comply as soon as reasonably practicable after they receive notice. They have given me unreasonable means to opt out so Ive written this letter directing them to stop reporting in accordance with the laws listed above and below.\n\nPART 1016 - PRIVACY OF CONSUMER FINANCIAL INFORMATION ( REGULATION P ) 12 CFR 1016.1 Purpose and scope.\n\n( a ) Purpose. This part governs the treatment of nonpublic personal information about consumers by the financial institutions listed in paragraph ( b ) of this section. This part : ( 1 ) Requires a financial institution to provide notice to customers about its privacy policies and practices ; Provides a method for consumers to prevent a financial institution from disclosing that information to most nonaffiliated third parties by opting out of that disclosure, subject to the exceptions in 1016.13, 1016.14, and 1016.15. Every company owes you a privacy notice before they furnish any information to our consumer report.\n\n12 CFR 1016.4 Initial privacy notice to consumers required.\n\n( a ) Initial notice requirement. You must provide a clear and conspicuous notice that accurately reflects your privacy policies and practices to : ( 1 ) Customer. An individual who becomes your customer, not later than when you establish a customer relationship, except as provided in paragraph ( e ) of this section; and ( 2 ) Consumer. A consumer, before you disclose any nonpublic personal information about the consumer to any nonaffiliated third party, 12 CFR 1016.7 Form of opt out notice to consumers ; opt out methods. \n\nSection ( a ) ( 1 ) Form of opt out notice. If you are required to provide an opt out notice under 1016.10 ( a ), you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. The notice must state : ( i ) That you disclose or reserve the right to disclose nonpublic personal information about your consumer to a nonaffiliated third party ; ( ii ) That the consumer has the right to opt out of that disclosure; and ( iii ) A reasonable means by which the consumer may exercise the opt out right.\n\n( 2 ) Examples ( ii ) Reasonable opt out means. You provide a reasonable means to exercise an opt out right if you : ( A ) Designate check-off boxes in a prominent position on the relevant forms with the opt out notice ; ( B ) Include a reply form together with the opt out notice that, in the case of financial institutions described in 1016.3 ( l ) ( 3 ) of this part, includes the address to which the form should be mailed ; ( C ) Provide an electronic means to opt out, such as a form that can be sent via electronic mail or a process at your Web site, if the consumer agrees to the electronic delivery of information ; or ( D ) Provide a toll-free telephone number that consumers may call to opt out. \n\n( iii ) Unreasonable opt out means. You do not provide a reasonable means of opting out if : ( A ) The only means of opting out is for the consumer to write his or her own letter to exercise that opt out right; or ( B ) The only means of opting out as described in any notice subsequent to the initial notice is to use a check-off box that you provided with the initial notice but did not include with the subsequent notice. \n( g ) Time to comply with opt out. You must comply with a consumer 's opt out direction as soon as reasonably practicable after you receive it. \n( h ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. \n( i ) Duration of consumer 's opt out direction. \n( XXXX ) A consumer 's direction to opt out under this section is effective until the consumer revokes it in writing or, if the consumer agrees, electronically. \n\n16 CFR Part 313 - PART 313PRIVACY OF CONSUMER FINANCIAL INFORMATION, is under Authority of : 15 U.S.C. 6801 et seq., 12 U.S.C. 5519.\n\n16 CFR 313.7 - Form of opt out notice to consumers ; opt out methods also states, ( f ) Continuing right to opt out. A consumer may exercise the right to opt out at any time. \n\n16 CFR 433.2 - Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices : 433.2 Preservation of consumers ' claims and defenses, unfair or deceptive acts or practices.\n\nIn connection with any sale or lease of goods or services to consumers, in or affecting commerce as commerce is defined in the Federal Trade Commission Act, it is an unfair or deceptive act or practice within the meaning of section 5 of that Act for a seller, directly or indirectly, to : ( a ) Take or receive a consumer credit contract which fails to contain the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. \nor, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money loan ( as purchase money loan is defined herein ), unless any consumer credit contract made in connection with such purchase money loan contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. \n\n16 CFR 433.3 - Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of XXXX ( a ) : XXXX Exemption of sellers taking or receiving open end consumer credit contracts before XX/XX/XXXX from requirements of XXXX ( a ). \n\n( a ) Any seller who has taken or received an open end consumer credit contract before XX/XX/XXXX, shall be exempt from the requirements of 16 CFR part 433 with respect to such contract provided the contract does not cut off consumers ' claims and defenses. \n\n( b ) Definitions. The following definitions apply to this exemption : ( XXXX ) All pertinent definitions contained in 16 CFR 433.1. \n( XXXX ) Open end consumer credit contract : a consumer credit contract pursuant to which open end credit is extended. \n( XXXX ) Open end credit : consumer credit extended on an account pursuant to a plan under which a creditor may permit an applicant to make purchases or make loans, from time to time, directly from the creditor or indirectly by use of a credit card, check, or other device, as the plan may provide. The term does not include negotiated advances under an open-end real estate mortgage or a letter of credit. \n( 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. \n\nThis applies to any company with a contract written after XX/XX/XXXX. \nYou have committed language fraud. You signed under 17 CFR 424 that you would not commit language fraud. \n\nPer the FCRA as a federally protected consumer I am now opting out of any and all authorization I the consumer may have given to any company, written or unwritten verbal and nonverbal per 15 USC 6802. \n\n\" XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Early Warning Services, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX and all consent to Early Warning Services, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  whether it be verbal, non-verbal, written, implied or otherwise is revoked. \n\nAll accounts listed need to be \" paid as agreed with no late payments or derogatory remarks upon receipt of this opt out notice, according to all laws listed above. ''","date_sent_to_company":"2024-05-22T15:28:16.000Z","issue":"Improper use of your report","sub_product":"Credit reporting","zip_code":"78653","tags":null,"has_narrative":true,"complaint_id":"9070532","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Early Warning Services, LLC","date_received":"2024-05-22T13:17:13.000Z","state":"TX","company_public_response":null,"sub_issue":"Reporting company used your report improperly"},"highlight":{"complaint_what_happened":["or, ( b ) Accept, as full or partial payment for such sale or lease, the proceeds of any purchase money <em>loan</em> ( as purchase money <em>loan</em> is defined herein ), unless any consumer credit contract made in connection with such purchase money <em>loan</em> contains the following provision in at least ten point, bold face, type : NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS 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