{"took":349,"timed_out":false,"_shards":{"total":5,"successful":5,"skipped":0,"failed":0},"hits":{"total":{"value":9,"relation":"eq"},"max_score":null,"hits":[{"_index":"complaint-public-v1","_id":"12282665","_score":11.125012,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"In XXXX XXXX, a data breach at XXXX XXXX exposed the credit card information of nearly XXXX XXXX people. The breach may have included names, addresses, credit card numbers, and expiration dates. XXXX XXXX is a payment-processing company that provides software to merchants. \n\nIn XXXX and XX/XX/XXXX, XXXX XXXX notified customers of several third-party data breaches that impacted client account numbers. The breaches allowed unknown parties to access customer information through third-party systems. \n\nXXXX : XXXX  XXXX ( XXXX XXXX Customers Exposed ) XXXX  XXXX, the fifth-largest credit card issuer in the Unites States , revealed in XX/XX/XXXX that a hacker accessed the personal information of around XXXX XXXX customers and applicants in the XXXX and XXXX days ago 15 U.S. Code 1681e - Compliance procedures U.S. Code Notes prev | next ( 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( 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( Pub. L. 90321, title VI, 607, as added Pub. L. 91508, title VI, 601, Oct. 26, 1970, 84 Stat. 1130 ; amended Pub. L. 104208, div. A, title II, 2407, Sept. 30, 1996, 110 Stat. 3009435 ; Pub. L. 105107, title III, 311 ( b ), Nov. 20, 1997, 111 Stat. 2256 ; Pub. L. 111203, title X, 1088 ( a ) ( 2 ) ( A ), July 21, 2010, 124 Stat. 2087. ) 15 U.S. Code 1681b - Permissible purposes of consumer reports U.S. Code Notes prev | next ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.\n\n( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\n( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.\n\n( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.\n\n( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.\n\n( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award.\n\n( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [ 12 U.S.C. 1811 et seq. ] or the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable. \n( b ) Conditions for furnishing and using consumer reports for employment purposes ( 1 ) Certification from user A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) [ 1 ] of this title.\n\n( 2 ) Disclosure to consumer ( A ) In general Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.\n\n( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 1681m ( a ) ( 3 ) 1 of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means. \n( XXXX ) Conditions on use for adverse actions ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( B ) Application by mail, telephone, computer, or other similar means ( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 1681m ( a ) of this title, within 3 business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.\n\n( ii ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumers request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumers rights as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 4 ) Exception for national security investigations ( A ) In general In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for employment purposes, paragraph ( 3 ) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that ( i ) the consumer report is relevant to a national security investigation of such agency or department ; ( ii ) the investigation is within the jurisdiction of such agency or department ; ( iii ) there is reason to believe that compliance with paragraph ( 3 ) will ( I ) endanger the life or physical safety of any person ; ( II ) result in flight from prosecution ; ( III ) result in the destruction of, or tampering with, evidence relevant to the investigation ; ( IV ) result in the intimidation of a potential witness relevant to the investigation ; ( V ) result in the compromise of classified information ; or ( VI ) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding.\n\n( B ) Notification of consumer upon conclusion of investigation Upon the conclusion of a national security investigation described in subparagraph ( A ), or upon the determination that the exception under subparagraph ( A ) is no longer required for the reasons set forth in such subparagraph, the official exercising the authority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to which such finding was made ( i ) a copy of such consumer report with any classified information redacted as necessary ; ( ii ) notice of any adverse action which is based, in part, on the consumer report ; and ( iii ) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought.\n\n( C ) Delegation by head of agency or department For purposes of subparagraphs ( A ) and ( B ), the head of any agency or department of the United States Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security responsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank.\n\n( D ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Classified information The term classified information means information that is protected from unauthorized disclosure under Executive Order No. XXXX or successor orders. \n\n( ii ) National security investigation The term national security investigation means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised. \n\n( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( 1 ) In general A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) in connection with any credit or insurance transaction that is not initiated by the consumer only if ( A ) the consumer authorizes the agency to provide such report to such person ; or ( B ) ( i ) the transaction consists of a firm offer of credit or insurance ; ( ii ) the consumer reporting agency has complied with subsection ( e ) ; ( iii ) there is not in effect an election by the consumer, made in accordance with subsection ( e ), to have the consumers name and address excluded from lists of names provided by the agency pursuant to this paragraph ; and ( iv ) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of XXXX, or, if the date of birth on the consumer report shows that the consumer has not attained the age of XXXX, such consumer consents to the consumer reporting agency to such furnishing. \n( 2 ) Limits on information received under paragraph ( 1 ) ( B ) A person may receive pursuant to paragraph ( 1 ) ( B ) only ( A ) the name and address of a consumer ; ( B ) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer ; and ( C ) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.\n\n( 3 ) Information regarding inquiries Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.\n\n( d ) Reserved ( e ) Election of consumer to be excluded from lists ( 1 ) In general A consumer may elect to have the consumers name and address excluded from any list provided by a consumer reporting agency under subsection ( c ) ( 1 ) ( B ) in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph ( 2 ) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer. \n\n( 2 ) Manner of notification A consumer shall notify a consumer reporting agency under paragraph ( 1 ) ( A ) through the notification system maintained by the agency under paragraph ( 5 ) ; or ( B ) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.\n\n( 3 ) Response of agency after notification through system Upon receipt of notification of the election of a consumer under paragraph ( 1 ) through the notification system maintained by the agency under paragraph ( 5 ), a consumer reporting agency shall ( A ) inform the consumer that the election is effective only for the 5-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph ( 2 ) ( B ) ; and ( B ) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph ( 5 ), in the case of a request made at the time the consumer provides notification through the system.\n\n( 4 ) Effectiveness of election An election of a consumer under paragraph ( 1 ) ( A ) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph ( 2 ) ; ( B ) shall be effective with respect to a consumer reporting agency ( i ) subject to subparagraph ( C ), during the 5-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph ( 2 ) ( A ) ; or ( ii ) until the consumer notifies the agency under subparagraph ( C ), in the case of an election for which a consumer notifies the agency in accordance with paragraph ( 2 ) ( B ) ; ( C ) shall not be effective after the date on which the consumer notifies the agency, through the notification system established by the agency under paragraph ( 5 ), that the election is no longer effective ; and ( D ) shall be effective with respect to each affiliate of the agency.\n\n( 5 ) Notification system ( A ) In general Each consumer reporting agency that, under subsection ( c ) ( 1 ) ( B ), furnishes a consumer report in connection with a credit or insurance transaction that is not initiated by a consumer, shall ( i ) establish and maintain a notification system, including a toll-free telephone number, which permits any consumer whose consumer report is maintained by the agency to notify the agency, with appropriate identification, of the consumers election to have the consumers name and address excluded from any such list of names and addresses provided by the agency for such a transaction ; and ( ii ) publish by not later than 365 days after XX/XX/XXXX, and not less than annually thereafter, in a publication of general circulation in the area served by the agency ( I ) a notification that information in consumer files maintained by the agency may be used in connection with such transactions ; and ( II ) the address and toll-free telephone number for consumers to use to notify the agency of the consumers election under clause ( i ). \n( B ) Establishment and maintenance as compliance Establishment and maintenance of a notification system ( including a toll-free telephone number ) and publication by a consumer reporting agency on the agencys own behalf and on behalf of any of its affiliates in accordance with this paragraph is deemed to be compliance with this paragraph by each of those affiliates. \n\n( 6 ) Notification system by agencies that operate nationwide Each consumer reporting agency that compiles and maintains files on consumers on a nationwide basis shall establish and maintain a notification system for purposes of paragraph ( 5 ) jointly with other such consumer reporting agencies.\n\n( f ) Certain use or obtaining of information prohibited A person shall not use or obtain a consumer report for any purpose unless ( 1 ) the consumer report is obtained for a purpose for which the consumer report is authorized to be furnished under this section; and ( 2 ) the purpose is certified in accordance with section 1681e of this title by a prospective user of the report through a general or specific certification.\n\n( g ) Protection of medical information ( 1 ) Limitation on consumer reporting agencies A consumer reporting agency shall not furnish for employment purposes, or in connection with a credit or insurance transaction, a consumer report that contains medical information ( other than medical contact information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) about a consumer, unless ( A ) if furnished in connection with an insurance transaction, the consumer affirmatively consents to the furnishing of the report ; ( B ) if furnished for employment purposes or in connection with a credit transaction ( i ) the information to be furnished is relevant to process or effect the employment or credit transaction ; and ( ii ) the consumer provides specific written consent for the furnishing of the report that describes in clear and conspicuous language the use for which the information will be furnished ; or ( C ) the information to be furnished pertains solely to transactions, accounts, or balances relating to debts arising from the receipt of medical services, products, or devises, where such information, other than account status or amounts, is restricted or reported using codes that do not identify, or do not provide information sufficient to infer, the specific provider or the nature of such services, products, or devices, as provided in section 1681c ( a ) ( 6 ) of this title.\n\n( 2 ) Limitation on creditors Except as permitted pursuant to paragraph ( 3 ) ( C ) or regulations prescribed under paragraph ( 5 ) ( A ), a creditor shall not obtain or use medical information ( other than medical information treated in the manner required under section 1681c ( a ) ( 6 ) of this title ) pertaining to a consumer in connection with any determination of the consumers eligibility, or continued eligibility, for credit.\n\n( 3 ) Actions authorized by Federal law, insurance activities and regulatory determinations Section 1681a ( d ) ( 3 ) of this title shall not be construed so as to treat information or any communication of information as a consumer report if the information or communication is disclosed ( A ) in connection with the business of insurance or annuities, including the activities described in section 18B of the model Privacy of Consumer Financial and Health Information Regulation issued by the National Association of Insurance Commissioners ( as in effect on XX/XX/XXXX ) ; ( B ) for any purpose permitted without authorization under the Standards for Individually Identifiable Health Information promulgated by the Department of Health and Human Services pursuant to the Health Insurance Portability and Accountability Act of XXXX, or referred to under section 1179 of such Act,1 or described in section 6802 ( e ) of this title ; or ( C ) as otherwise determined to be necessary and appropriate, by regulation or order, by the Bureau or the applicable State insurance authority ( with respect to any person engaged in providing insurance or annuities ).\n\n( 4 ) Limitation on redisclosure of medical information Any person that receives medical information pursuant to paragraph ( 1 ) or ( 3 ) shall not disclose such information to any other person, except as necessary to carry out the purpose for which the information was initially disclosed, or as otherwise permitted by statute, regulation, or order.\n\n( 5 ) Regulations and effective date for paragraph ( 2 ) ( A ) [ 2 ] Regulations required The Bureau may, after notice and opportunity for comment, prescribe regulations that permit transactions under paragraph ( 2 ) that are determined to be necessary and appropriate to protect legitimate operational, transactional, risk, consumer, and other needs ( and which shall include permitting actions necessary for administrative verification purposes ), consistent with the intent of paragraph ( 2 ) to restrict the use of medical information for inappropriate purposes.\n\n( 6 ) Coordination with other laws No provision of this subsection shall be construed as altering, affecting, or superseding the applicability of any other provision of Federal law relating to medical confidentiality.","date_sent_to_company":"2025-03-02T20:48:48.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"70433","tags":null,"has_narrative":true,"complaint_id":"12282665","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Resurgent Capital Services L.P.","date_received":"2025-03-02T20:32:28.000Z","state":"LA","company_public_response":null,"sub_issue":"Was not notified of investigation status or results"},"highlight":{"complaint_what_happened":["( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an <em>initial</em> or modified child <em>support</em> award."]},"sort":[11.125012,"12282665"]},{"_index":"complaint-public-v1","_id":"10725295","_score":9.250158,"_source":{"product":"Debt collection","complaint_what_happened":"15 U.S. Code 6801 - Protection of nonpublic personal information U.S. Code ( a ) Privacy obligation policy It is the policy of the Congress that each financial institution has an affirmative and continuing obligation to respect the privacy of its customers and to protect the security and confidentiality of those customers nonpublic personal information.\n\n( b ) Financial institutions safeguards In furtherance of the policy in subsection ( a ), each agency or authority described in section 6805 ( a ) of this title, other than the Bureau of Consumer Financial Protection, shall establish appropriate standards for the financial institutions subject to their jurisdiction relating to administrative, technical, and physical safeguards ( 1 ) to insure the security and confidentiality of customer records and information ; ( 2 ) to protect against any anticipated threats or hazards to the security or integrity of such records ; and ( 3 ) to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer.\n\n15 U.S. Code 6802 - Obligations with respect to disclosures of personal information U.S. Code ( 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\n( 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( 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.\n\n( d ) Limitations on the sharing of account number information for marketing purposes A financial institution shall not disclose, other than to a consumer reporting agency, an account number or similar form of access number or access code for a credit card account, deposit account, or transaction account of a consumer to any 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 XXXX of chapter XXXX of title XXXX, and chapter XXXX 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.\n\n15 U.S. Code 6803 - Disclosure of institution privacy policy U.S. Code ( 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.\n\n( b ) Regulations Disclosures required by subsection ( a ) shall be made in accordance with the regulations prescribed under section 6804 of this title.\n\n( c ) Information to be included The disclosure required by subsection ( a ) shall include ( 1 ) the policies and practices of the institution with respect to disclosing nonpublic personal information to 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.\n\n( 2 ) Limitation Nothing in this subsection shall be construed to exempt or otherwise exclude any financial institution that is affiliated or becomes affiliated with a certified public accountant described in paragraph ( 1 ) from any provision of this section.\n\n( 3 ) Definitions For purposes of this subsection, the term State means any State or territory of the United States, the District of Columbia, XXXX XXXX, XXXX, XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX. \n\n( 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.\n\n( 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.\n\n( 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. \n\n( XXXX ) Safe harbor Any financial institution that elects to provide the model form developed by the agencies under this subsection shall be deemed to be in compliance with the disclosures required under this section.\n\n( f ) Exception to annual notice requirement A financial institution that ( 1 ) provides nonpublic personal information only in accordance with the provisions of subsection ( b ) ( 2 ) or ( e ) of section 6802 of this title or regulations prescribed under section 6804 ( b ) of this title, and ( 2 ) has not changed its policies and practices with regard to disclosing nonpublic personal information from the policies and practices that were disclosed in the most recent disclosure sent to consumers in accordance with this section, shall not be required to provide an annual disclosure under this section until such time as the financial institution fails to comply with any criteria described in paragraph ( 1 ) or ( 2 ).\n\n15 U.S. Code 6804 - Rulemaking U.S. Code ( 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.\n\n( 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 ) ].\n\n( 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.\n\n( 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. \n\n( XXXX ) Procedures and deadline Such regulations shall be prescribed in accordance with applicable requirements of title XXXX. \n( 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.\n\n15 U.S. Code 1681b - Permissible purposes of consumer reports ( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer (\n1 ) In general A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) in connection with any credit or insurance transaction that is not initiated by the consumer only if ( A ) the consumer authorizes the agency to provide such report to such person ; 15 U.S. Code 1681b - Permissible purposes of consumer reports U.S. Code Notes prev | next ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18.\n\n( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\n( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumers eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicants financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.\n\n( G ) executive departments and agencies in connection with the issuance of government-sponsored individually-billed travel charge cards.\n\n( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individuals capacity to make child support payments, determining the appropriate level of such payments, or enforcing a child support order, award, agreement, or judgment ; ( B ) the parentage of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; and ( C ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose.\n\n( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an initial or modified child support award.\n\n( 6 ) To the Federal Deposit Insurance Corporation or the National Credit Union Administration as part of its preparation for its appointment or as part of its exercise of powers, as conservator, receiver, or liquidating agent for an insured depository institution or insured credit union under the Federal Deposit Insurance Act [ 12 U.S.C. 1811 et seq. ] or the Federal Credit Union Act [ 12 U.S.C. 1751 et seq. ], or other applicable Federal or State law, or in connection with the resolution or liquidation of a failed or failing insured depository institution or insured credit union, as applicable.\n\n( b ) Conditions for furnishing and using consumer reports for employment purposes ( 1 ) Certification from user A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumers rights under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) [ 1 ] of this title.\n\n( 2 ) Disclosure to consumer ( A ) In general Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person.\n\n( B ) Application by mail, telephone, computer, or other similar means If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumers rights under section 1681m ( a ) ( 3 ) 1 of this title; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 3 ) Conditions on use for adverse actions ( A ) In general Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates ( i ) a copy of the report; and ( ii ) a description in writing of the rights of the consumer under this subchapter, as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( B ) Application by mail, telephone, computer, or other similar means ( i ) If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, and if a person who has procured a consumer report on the consumer for employment purposes takes adverse action on the employment application based in whole or in part on the report, then the person must provide to the consumer to whom the report relates, in lieu of the notices required under subparagraph ( A ) of this section and under section 1681m ( a ) of this title, within 3 business days of taking such action, an oral, written or electronic notification ( I ) that adverse action has been taken based in whole or in part on a consumer report received from a consumer reporting agency ; ( II ) of the name, address and telephone number of the consumer reporting agency that furnished the consumer report ( including a toll-free telephone number established by the agency if the agency compiles and maintains files on consumers on a nationwide basis ) ; ( III ) that the consumer reporting agency did not make the decision to take the adverse action and is unable to provide to the consumer the specific reasons why the adverse action was taken ; and ( IV ) that the consumer may, upon providing proper identification, request a free copy of a report and may dispute with the consumer reporting agency the accuracy or completeness of any information in a report.\n\n( ii ) If, under clause ( B ) ( i ) ( IV ), the consumer requests a copy of a consumer report from the person who procured the report, then, within 3 business days of receiving the consumers request, together with proper identification, the person must send or provide to the consumer a copy of a report and a copy of the consumers rights as prescribed by the Bureau under section 1681g ( c ) ( 3 ) 1 of this title.\n\n( C ) Scope Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumers application for employment only if ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means.\n\n( 4 ) Exception for national security investigations ( A ) In general In the case of an agency or department of the United States Government which seeks to obtain and use a consumer report for employment purposes, paragraph ( 3 ) shall not apply to any adverse action by such agency or department which is based in part on such consumer report, if the head of such agency or department makes a written finding that ( i ) the consumer report is relevant to a national security investigation of such agency or department ; ( ii ) the investigation is within the jurisdiction of such agency or department ; ( iii ) there is reason to believe that compliance with paragraph ( 3 ) will ( I ) endanger the life or physical safety of any person ; ( II ) result in flight from prosecution ; ( III ) result in the destruction of, or tampering with, evidence relevant to the investigation ; ( IV ) result in the intimidation of a potential witness relevant to the investigation ; ( V ) result in the compromise of classified information ; or ( VI ) otherwise seriously jeopardize or unduly delay the investigation or another official proceeding.\n\n( B ) Notification of consumer upon conclusion of investigation Upon the conclusion of a national security investigation described in subparagraph ( A ), or upon the determination that the exception under subparagraph ( A ) is no longer required for the reasons set forth in such subparagraph, the official exercising the authority in such subparagraph shall provide to the consumer who is the subject of the consumer report with regard to which such finding was made ( i ) a copy of such consumer report with any classified information redacted as necessary ; ( ii ) notice of any adverse action which is based, in part, on the consumer report ; and ( iii ) the identification with reasonable specificity of the nature of the investigation for which the consumer report was sought.\n\n( C ) Delegation by head of agency or department For purposes of subparagraphs ( A ) and ( B ), the head of any agency or department of the United States Government may delegate his or her authorities under this paragraph to an official of such agency or department who has personnel security responsibilities and is a member of the Senior Executive Service or equivalent civilian or military rank.\n\n( D ) Definitions For purposes of this paragraph, the following definitions shall apply : ( i ) Classified information The term classified information means information that is protected from unauthorized disclosure under Executive Order No. XXXX or successor orders. \n\n( ii ) National security investigation The term national security investigation means any official inquiry by an agency or department of the United States Government to determine the eligibility of a consumer to receive access or continued access to classified information or to determine whether classified information has been lost or compromised. \n\n( c ) Furnishing reports in connection with credit or insurance transactions that are not initiated by consumer ( XXXX ) In general A consumer reporting agency may furnish a consumer report relating to any consumer pursuant to subparagraph ( A ) or ( C ) of subsection ( a ) ( 3 ) in connection with any credit or insurance transaction that is not initiated by the consumer only if ( A ) the consumer authorizes the agency to provide such report to such person ; or ( B ) ( i ) the transaction consists of a firm offer of credit or insurance ; ( ii ) the consumer reporting agency has complied with subsection ( e ) ; ( iii ) there is not in effect an election by the consumer, made in accordance with subsection ( e ), to have the consumers name and address excluded from lists of names provided by the agency pursuant to this paragraph ; and ( iv ) the consumer report does not contain a date of birth that shows that the consumer has not attained the age of 21, or, if the date of birth on the consumer report shows that the consumer has not attained the age of 21, such consumer consents to the consumer reporting agency to such furnishing.\n\n( 2 ) Limits on information received under paragraph ( 1 ) ( B ) A person may receive pursuant to paragraph ( 1 ) ( B ) only ( A ) the name and address of a consumer ; ( B ) an identifier that is not unique to the consumer and that is used by the person solely for the purpose of verifying the identity of the consumer ; and ( C ) other information pertaining to a consumer that does not identify the relationship or experience of the consumer with respect to a particular creditor or other entity.\n\n( 3 ) Information regarding inquiries Except as provided in section 1681g ( a ) ( 5 ) of this title, a consumer reporting agency shall not furnish to any person a record of inquiries in connection with a credit or insurance transaction that is not initiated by a consumer.\n\n( d ) Reserved ( e ) Election of consumer to be excluded from lists ( 1 ) In general A consumer may elect to have the consumers name and address excluded from any list provided by a consumer reporting agency under subsection ( c ) ( 1 ) ( B ) in connection with a credit or insurance transaction that is not initiated by the consumer, by notifying the agency in accordance with paragraph ( 2 ) that the consumer does not consent to any use of a consumer report relating to the consumer in connection with any credit or insurance transaction that is not initiated by the consumer.\n\n( 2 ) Manner of notification A consumer shall notify a consumer reporting agency under paragraph ( 1 ) ( A ) through the notification system maintained by the agency under paragraph ( 5 ) ; or ( B ) by submitting to the agency a signed notice of election form issued by the agency for purposes of this subparagraph.\n\n( 3 ) Response of agency after notification through system Upon receipt of notification of the election of a consumer under paragraph ( 1 ) through the notification system maintained by the agency under paragraph ( 5 ), a consumer reporting agency shall ( A ) inform the consumer that the election is effective only for the 5-year period following the election if the consumer does not submit to the agency a signed notice of election form issued by the agency for purposes of paragraph ( 2 ) ( B ) ; and ( B ) provide to the consumer a notice of election form, if requested by the consumer, not later than 5 business days after receipt of the notification of the election through the system established under paragraph ( 5 ), in the case of a request made at the time the consumer provides notification through the system.\n\n( 4 ) Effectiveness of election An election of a consumer under paragraph ( 1 ) ( A ) shall be effective with respect to a consumer reporting agency beginning 5 business days after the date on which the consumer notifies the agency in accordance with paragraph ( 2 ) ; ( B ) shall be effective with respect to a consumer reporting agency ( i ) subject to subparagraph ( C ), during the 5-year period beginning 5 business days after the date on which the consumer notifies the agency of the election, in the case of an election for which a consumer notifies the agency only in accordance with paragraph ( 2 ) ( A ) ; or ( ii ) until the consumer notifies the agency under subparagraph ( C ), in XXXX","date_sent_to_company":"2024-11-07T21:44:14.000Z","issue":"Written notification about debt","sub_product":"Credit card debt","zip_code":"34743","tags":null,"has_narrative":true,"complaint_id":"10725295","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"CAPITAL ONE FINANCIAL CORPORATION","date_received":"2024-11-07T21:44:12.000Z","state":"FL","company_public_response":null,"sub_issue":"Didn't receive enough information to verify debt"},"highlight":{"complaint_what_happened":["( 5 ) To an agency administering a State plan under section 654 of title 42 for use to set an <em>initial</em> or modified child <em>support</em> award."]},"sort":[9.250158,"10725295"]},{"_index":"complaint-public-v1","_id":"4185074","_score":8.647984,"_source":{"product":"Debt collection","complaint_what_happened":"XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX Social Security # XXXX DOB : XX/XX/XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, XXXX, Texas XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, XXXX, GA XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, PA XXXX DISCLOSURE : THIS IS NOT AN IDENTITY THEFT DISPUTE, PLEASE REFRAIN FROM TAKING ANY POSITION OF IDENTITY THEFT EITHER WITH ANY CREDIT REPORTING AGENCY OR ANY SUBSCRIBERE THAT PARTAKES IN THE PRIVLIDGES ON REPORTING CONSUMERS PAYMENT HISTORY, IT IS A DISPUTE ON GROUNDS OF VALIDATION PURPOSES ONLY. \n\nLEGAL DISPUTE REQUESTING FULL DISCLOSURE OF TRUE TIMELINES PERTAINING TO TRADELINE PROCUREMENT, IN ADDITION TO ACTUAL PAYMENT HISTORY PROVING ACTUAL INITIAL DATE OF FIRST 30-DAY LATE PAYMENT HISTORY, THUS TRIGGERING THE 7-YEAR RULE THAT RELATES TO ERRONEOUS OR OBSOLETE INFORMATION.\n\n605. Requirements relating to information contained in consumer reports [ 15 U.S.C. 1681c ] ( a ) Information excluded from consumer reports. Except as authorized under subsection ( b ) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information : ( 1 ) Cases under title 11 [ United States Code ] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.\n\n( 2 ) Civil suits, civil judgments, and records of arrest that from date of entry, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period.\n\n( 3 ) Paid tax liens which, from date of payment, antedate the report by more than seven years.\n\n( 4 ) Accounts placed for collection or charged to profit and loss which antedate the report by more than seven years. ( 1 ) ( 5 ) Any other adverse item of information, other than records of convictions of crimes which antedates the report by more than seven years.1 ( b ) Exempted cases. The provisions of subsection ( a ) of this section are not applicable in the case of any consumer credit report to be used in connection with ( 1 ) a credit transaction involving, or which may reasonably be expected to involve, a principal amount of {$150000.00} or more ; ( 2 ) the underwriting of life insurance involving, or which may reasonably be expected to involve, a face amount of {$150000.00} or more ; or ( 3 ) the employment of any individual at an annual salary which equals, or which may reasonably be expected to equal {$75000.00}, or more. ( c ) Running of reporting period. ( 1 ) In general.\n\nThe 7-year period referred to in paragraphs ( 4 ) and ( 6 ) ** of subsection ( a ) shall begin, with respect to any delinquent account that is placed for collection ( internally or by referral to a third party, whichever is earlier ), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency which immediately preceded the collection activity, charge to profit and loss, or similar action. \nCREDITOR CONTACT INFORMATION : XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX, VA XXXX ( XXXX ) XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. \n\n\nXXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, PA XXXX ACCOUNT # XXXX ACCOUNT # XXXX ACCOUNT # XXXX ACCOUNT # XXXX ACCOUNT # XXXX ACCOUNT # XXXX ACCOUNT # XXXX ACCOUNT # XXXX ACCOUNT # XXXX ACCOUNT # XXXX ACCOUNT # XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. \n\nXXXXXXXX XXXX XXXX XXXXXXXX XXXX Attn : XXXX XXXX XXXXXXXX, DE XXXX ( XXXX ) XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. \n\nXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXXXXXX, DE XXXX ( XXXX ) XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. \n\nXXXX XXXX XXXX XXXX XXXX XXXX \nXXXX, MD XXXX ( XXXX ) XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. \n\nXXXX XXXX XXXX XXXX XXXX. \nXXXX XXXX XXXX XXXX, TX XXXX ( XXXX ) XXXX ACCOUNT # XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. \n\nXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX ( XXXX ) XXXX ACCOUNT # XXXX ACCOUNT # XXXX ACCOUNT # XXXX ACCOUNT # XXXX ACCOUNT # XXXX ACCOUNT # XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. \n\nXXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX, FL XXXX ( XXXX ) XXXX ACCOUNT # XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. \n\n\nSYNCB/AMAZON PLCC XXXX XXXX XXXX XXXX, GA XXXX ACCOUNT # XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. \n\nSYNCB/HOME DESIGN NAHF C/O XXXX XXXX XXXX XXXX, FL XXXX ( XXXX ) XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. \n\nSYNCB/XXXX  XXXX XXXX XXXX XXXXXXXX XXXX, SD XXXX ( XXXX ) XXXX ACCOUNT # XXXX On these subscribers that are reporting the affixed information, I am requesting full validation such as, original transfer rights to collect, confirmation of legal timeline to report on credit and/or collection procedures, validation of licensing requirements, posted bonding requirements, oversight on monthly payment histories, proper subscriber agreement compliance with credit reporting agencies, and overall compliance with all Fair Credit Reporting Act and Fair Debt Collection Practices Act bylaws as mandated by federal laws. If all of these requirements are not in order, then I have the legal right to request the deletion of this tradeline accordingly. \n\nDISCLOSURE : At no time is this a dispute of identity theft or fraud, and I want my dispute answered by the creditor supplying the information on me to be 100 % validated, and/or to see if the timeline for its existence has passed, or if the credit/collection/public record tradeline is on my credit report in violation of the Fair Credit Reporting Act or a violation of the Fair Debt Collection Practices Act. Any item that I believe is not being validated by the creditor or collection agency or public record vendor will be disputed with the Consumer Financial Protection Bureau at a future date. If the item in dispute is legally valid, I will stand by that validation. We only request validation of information and/or debt ownership. At no time will I dispute a credit reporting agency, as it is imperative to the American free markets that XXXX XXXX and XXXX XXXX maintain integrity for the American consumers. \nThe following federal laws are what I am basing my rights under : Amended consumer rights Fair Credit Reporting Act Public Law 15 U.S.C. 1681 : https : //www.consumer.ftc.gov/articles/pdf-0111-fair-credit-reporting-act.pdf Fair Debt Collection Practices Act : https : //www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text I make this request based upon potentially six criteria : 1 ) That I personally agreed and signed a application and/or contract on an extension of credit, and that I may have been late on payments and desire to find an agreed upon timeline when my credit trade line will go to a positive status, or be in position for its legal deletion mandated by the Fair Credit Reporting Act 7-Year rule on the deletion of antiquated information.\n\n2 ) That there may be items on my credit report that was acquired through a public record vendor, and that I may request a fully documented validation of any or all items posted from public record, and upon discovery may request the deletion of the public record postings based upon legal time limits, and/or completed research proving the settled agreements between myself and a second or third party. In and event, if the public record is legal, I will agree upon the trade line being maintained on my credit report until the time arrives where it can legally be removed.\n\n3 ) I may dispute any collection agency that maintains that they are attempting to collect a debt, either for an original creditor I may have had an association with, or if the collection agency maintains that they have acquired the debt. I may request from the debt collector full documentation of assignment of debt collection in written form as mandated by the Federal Trade Commission, including but not limited to verification that the collection agency is bonded and legally approved to collect debts from consumers within my state of residency, and if the agency maintains that the debt has been acquired by purchase, then full documented history of the debt transfer either directly from the original creditor and/or from the securitized trust the debt may have been sold to in a debt portfolio administered through the full regulatory body of the Securities and Exchange Commission. I may in addition request such documentation through the Federal Deposit Insurance Corporation if that is indeed the governing body of the original credit grantor.\n\n4 ) I will dispute all public utility payment histories including the collection process assigned to any collection agency, as all public utilities including cell phone charges, natural gas, electric and public violations within municipalities are not governed by the Fair Credit Reporting Act, but by governing bodies within each state known as public service commissions. At no time will I ever agree upon the postings of public utilities on my credit report, even though I understand that I may volunteer to add my payment histories of this nature at any time.\n\n5 ) I may request the services of the Consumer Financial Protection Bureau to help me as a potential mediator in cases where I believe that my rights under the Fair Credit Reporting Act and the Fair Debt Collection Practices Act are in violation. At all times I will maintain a professional demeanor on the clearance of negative information on any of my credit reports.\n\n6 ) I will only file a direct complaint with any credit reporting agency if I believe enough evidence has been ascertained showing that the creditor, collection agency and/or public service vendor is in violation of their subscriber agreement with any credit reporting agency.\n\nI may dispute excessive inquiries posted on my credit reports based on the following. As the Federal Trade Commission struggles every year with maintaining the integrity of the credit community, from filing charges against illegal collection practices that abuse against the Fair Credit Reporting Act ( FCRA ) and The Fair and Accurate Credit Transactions Act ( FACTA ), bigger problems have evolved that may never be addressed without Congressional overhaul on current legislation. There is one major problem in the FICO scoring models implemented with each major credit reporting agency ( CRAS ). The excessive use of credit checks that draw down ones credit scores, and in many cases these credit reports are run as a full inquiry that causes severe damage to a persons credit score even though there was no validation on approval to pull credit or as the FCRA states a legitimate business need. Accordingly ; I may request under my rights under the Fair Credit Reporting Act ( FCRA ), the Fair and Accurate Credit Transactions Act ( FACTA ), and the Fair Debt Collection Practices Act ( FDCPA ) I request a full validation of each posted inquiry, proving that I indeed signed a credit authorization for each inquiry.\n\nDISCLOSURE : THIS IS NOT AN IDENTITY THEFT DISPUTE, PLEASE REFRAIN FROM TAKING ANY POSITION OF IDENTITY THEFT EITHER WITH ANY CREDIT REPORTING AGENCY OR ANY SUBSCRIBERE THAT PARTAKES IN THE PRIVLIDGES ON REPORTING CONSUMERS PAYMENT HISTORY, IT IS A DISPUTE ON GROUNDS OF VALIDATION PURPOSES ONLY.\n\nLEGAL DISPUTE ON EXCESSIVE INQUIRY PRACTICES INTO A CONSUMER REPORT WITHOUT PROPER DISCLOSURES IN PLACE AND/OR ABUSIVE EXTENSION OF LEGITIMATE BUSINESS PURPOSES, THIS IS THE ACTUAL GUIDELINES OF OBTAINING CONSUMER REPORTS UNDER THE FAIR CREDIT REPORTING ACT As a public service, the staff of the Federal Trade Commission ( FTC ) has prepared the following complete text of the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681 et seq. Although staff generally followed the format of the U.S. Code as published by the Government Printing Office, the format of this text does differ in minor ways from the Code ( and from West 's U.S. Code Annotated ). For example, this version uses FCRA section numbers ( 601-625 ) in the headings. ( The relevant U.S. Code citation is included with each section heading and each reference to the FCRA in the text. ) 604. Permissible purposes of consumer reports [ 15 U.S.C. 1681b ] ( a ) In general. Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, or a subpoena issued in connection with proceedings before a Federal grand jury.\n\n( 2 ) In accordance with the written instructions of the consumer to whom it relates.\n\n( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; or ( B ) intends to use the information for employment purposes ; or ( C ) intends to use the information in connection with the underwriting of insurance involving the consumer ; or ( D ) intends to use the information in connection with a determination of the consumer 's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant 's financial responsibility or status ; or ( E ) intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation ; or ( F ) otherwise has a legitimate business need for the information ( i ) in connection with a business transaction that is initiated by the consumer ; or ( ii ) to review an account to determine whether the consumer continues to meet the terms of the account.\n\n( 4 ) In response to a request by the head of a State or local child support enforcement agency ( or a State or local government official authorized by the head of such an agency ), if the person making the request certifies to the consumer reporting agency that ( A ) the consumer report is needed for the purpose of establishing an individual 's capacity to make child support payments or determining the appropriate level of such payments ; ( B ) the paternity of the consumer for the child to which the obligation relates has been established or acknowledged by the consumer in accordance with State laws under which the obligation arises ( if required by those laws ) ; ( C ) the person has provided at least 10 days ' prior notice to the consumer whose report is requested, by certified or registered mail to the last known address of the consumer, that the report will be requested ; and ( D ) the consumer report will be kept confidential, will be used solely for a purpose described in subparagraph ( A ), and will not be used in connection with any other civil, administrative, or criminal proceeding, or for any other purpose. ( 5 ) To an agency administering a State plan under Section 454 of the Social Security Act ( 42 U.S.C. 654 ) for use to set an initial or modified child support award. ( b ) Conditions for furnishing and using consumer reports for employment purposes. ( 1 ) Certification from user. A consumer reporting agency may furnish a consumer report for employment purposes only if ( A ) the person who obtains such report from the agency certifies to the agency that ( i ) the person has complied with paragraph ( 2 ) with respect to the consumer report, and the person will comply with paragraph ( 3 ) with respect to the consumer report if paragraph ( 3 ) becomes applicable ; and ( ii ) information from the consumer report will not be used in violation of any applicable Federal or State equal employment opportunity law or regulation ; and ( B ) the consumer reporting agency provides with the report, or has previously provided, a summary of the consumer 's rights under this title, as prescribed by the Federal Trade Commission under section 609 ( c ) ( 3 ) [ 1681g ]. ( 2 ) Disclosure to consumer. ( A ) In general. Except as provided in subparagraph ( B ), a person may not procure a consumer report, or cause a consumer report to be procured, for employment purposes with respect to any consumer, unless -- ( i ) a clear and conspicuous disclosure has been made in writing to the consumer at any time before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes ; and ( ii ) the consumer has authorized in writing ( which authorization may be made on the document referred to in clause ( i ) ) the procurement of the report by that person. ( B ) Application by mail, telephone, computer, or other similar means. If a consumer described in subparagraph ( C ) applies for employment by mail, telephone, computer, or other similar means, at any time before a consumer report is procured or caused to be procured in connection with that application -- ( i ) the person who procures the consumer report on the consumer for employment purposes shall provide to the consumer, by oral, written, or electronic means, notice that a consumer report may be obtained for employment purposes, and a summary of the consumer 's rights under section 615 ( a ) ( 3 ) ; and ( ii ) the consumer shall have consented, orally, in writing, or electronically to the procurement of the report by that person. ( C ) Scope. Subparagraph ( B ) shall apply to a person procuring a consumer report on a consumer in connection with the consumer 's application for employment only if -- ( i ) the consumer is applying for a position over which the Secretary of Transportation has the power to establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of title 49, or a position subject to safety regulation by a State transportation agency ; and ( ii ) as of the time at which the person procures the report or causes the report to be procured the only interaction between the consumer and the person in connection with that employment application has been by mail, telephone, computer, or other similar means. ( 3 ) Conditions on use for adverse actions. ( A ) In general. Except as provided in subparagraph ( B ), in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, the person intending to take such adverse action shall provide to the consumer to whom the report relates -- ( i ) a copy of the report ; and ( ii ) a description in writing of the rights of the consumer under this title, as prescribed by the Federal Trade Commission under section 609 ( c ) ( 3 ).\n\nI have opted out of my public information with XXXX, and I believe that requesting the deletion of any inquiry based on any legitimate connection to a public record vendor such as XXXX  is within my rights under the Fair Credit Reporting Act ( FCRA ), the Fair and Accurate Transactions Act ( FACTA ) and the Fair Debt Collection Practices Act ( FDCPA ). In review of the numerous hard copy disputes on my credit report, I am requesting only the proper protocol to be adhered to in order to maintain the legitimacy of the hard inquiry, that includes an actual name of the person involved with any company that pulled a hard review of my credit history, but in addition a copy of the actual report ascertained from such a review. If these items can not be produced, then by deductive reasoning the hard inquiry is not 100 % legitimate. Accordingly, under review of 604. Permissible purposes of consumer reports [ 15 U.S.C. 1681b ] ( a ), I request the deletion of the following lists of hard inquiries as follows : I demand my rights be protected based on the 2020 Edition of the Privacy Act published by the U.S. Department of Justice.\n\nB. 5 U.S.C. 552a ( a ) ( 2 ) Individual [ T ] he term individual means a citizen of the United States or an alien lawfully admitted for permanent residence. 5 U.S.C. 552a ( a ) ( 2 ).\n\nComment : The Privacy Acts definition of individual is much narrower than the FOIAs definition of person, which draws from the Administrative Procedures Act. See 5 U.S.C. 551 ( 2 ) ( 2018 ) ( defining person as an individual, partnership, corporation, association, or public or private organization other than an agency. ) ; see also, e.g., Raven, 583 F.2d at 170-71 ( comparing use of the word individual in the Privacy Act, as opposed to the word person, as more broadly used in the FOIA ) ; Cudzich v. INS , 886 F. Supp. 101, 105 ( D.D.C. 1995 ) ( A plaintiff whose permanent resident status had been revoked is not an individual for the purposes of the Privacy Act.... Plaintiffs only potential access to the requested information is therefore under the Freedom of Information Act. ).\n\nThe Privacy Act generally covers citizens and lawful permanent residents, but others have some protections.\n\nGenerally, individuals under the Privacy Act are US citizens and lawful permanent residents. See S. Rep. No. 93-1183, at 79, reprinted in Source Book at 232, https : //www.justice.gov/opcl/paoverview_sourcebook ; OMB 1975 Guidelines, 40 Fed. Reg. at 28,951, https : //www.justice.gov/paoverview_omb-75. The Privacy Act as initially enacted did not generally protect non-resident foreign nationals. See, e.g., Raven v. Panama Canal Co., 583 F.2d 169, 170-71 ( 5th Cir. 1978 ) ( referencing legislative history that reflects the congressional intent to exclude nonresident aliens from Privacy Act coverage ) ; Soto v. State, 244 F. Supp. 3d 207, 208-09 ( D.D.C. 2017 ) ( per curiam ) ( unpublished table decision ) ( citing Fares v. INS, 50 F.3d 6 ( 4th Cir. 1995 ) ) ( [ Privacy ] Act only protects citizens of the United IMMEDIATE ACTION REQUIRED : PLEASE INSERT A BLOCK ON MY FILE FROM ALL FUTURE PROMOTIONAL REVIEWS THE FOLLOWING ATTACHED REVIEWS OF MY CREDIT IS A DISASTER AND I WOULD HAVE NEVER HAVE AUTHORIZE SO MANY REVIEWS. I HAVE DELETED ALL APPLICATIONS. PLEASE DELETE ALL OF THE ATTACHED CREDIT REVIEWS AS THEY WOULD HAVE NEVER BEEN AUTHORIZED. PLEASE BLOCK MY CREDIT REPORT INFORMATION FROM ALL UNAUTHORIZED INQUIRIES FROM THIS POINT FORWARD : This letter is addressed to the subscriber furnishing the information on my credit reports, and if this letter is addressed to any credit reporting agency, then it is considered a ghost letter mirroring the actual request for documentation of a credit trade line I may have issues with. It is my understanding that each credit reporting agency has an obligation to maintain accuracy within the banking/credit community, and I will fulfill my obligations to work within the credit system as it was designated.\n\nThank you for your full consideration in this matter. \n\nSincerely, XXXX XXXX XXXX XXXX","date_sent_to_company":"2021-03-05T07:51:35.000Z","issue":"Written notification about debt","sub_product":"Credit card debt","zip_code":"33950","tags":null,"has_narrative":true,"complaint_id":"4185074","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"SYNCHRONY FINANCIAL","date_received":"2021-03-05T02:49:04.000Z","state":"FL","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Didn't receive enough information to verify debt"},"highlight":{"complaint_what_happened":["or modified child <em>support</em> award. ( b ) Conditions for furnishing and using consumer reports for employment purposes. ( 1 ) Certification from user."]},"sort":[8.647984,"4185074"]},{"_index":"complaint-public-v1","_id":"16161971","_score":6.6234827,"_source":{"product":"Checking or savings account","complaint_what_happened":"This is a new, subsequent, and independent complaint from the first. Navy Federal is now stating, without specifying a date or time period, that they concluded their investigation XXXX days ago and performed a chargeback. Now, it has been XXXX XXXX and NFCU states that I am again not receiving a provisional credit because they are waiting to see how the other bank and vendor will react. I have requested and captured all requests, both present and prior, made for the NFCU policy and procedures, as well as the standard operating guidelines, and have been denied every time. This is not the first instance where NFCU has treated me inequitably, denying services and products without cause. XXXX things can not be true here : either the Navy Federal Credit Union offers services and products under uniform, industry standard, equitable, \" as to all, '' equitable opportunities, based on \" DOCUMENTED, NFCU XXXX, XXXX, and/or XXXX, '' including the permanently XXXX, and other protected classifications, as well as the overall customer base, or they are making discriminatory, XXXX, CFPB, XXXX, XXXX, protected. If NFCU does not provide, or can not provide, documents maintained by every business and corporation within consumer finance, * * Complaint Concerning Discriminatory Practices and Failure to Provide Equitable Treatment by Navy Federal Credit Union * * This complaint delineates distinct and newly articulated grievances that are independent from my previous submissions. Navy Federal Credit Union ( NFCU ) has announced that its investigation concluded XXXX days ago, without specifying the exact timeframe involved, and has reportedly executed a chargeback. Despite this, it has now been XXXX XXXX, and NFCU asserts that I am still not receiving provisional credit as they await the reactions from the merchants bank and the vendor. \n\nI have meticulously documented all requests made to procure NFCUs policy and procedures, standard operating guidelines ( SOP ), and other operational protocolsall of which have been systematically denied. This ongoing situation is not an isolated incident ; it echoes prior experiences where NFCU has exhibited inequitable treatment, restricting access to services and products without justifiable cause. \n\nThe crux of the matter lies in the inconsistency of NFCUs application of its own policies, which are ostensibly designed to ensure equitable service to all customers regardless of their status, including those who are permanently XXXX. \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  mandates that individuals with XXXX receive equitable opportunities in all areas of public life. The treatment I have experienced raises significant concerns regarding compliance with XXXX provisions that prohibit discrimination against individuals based on XXXX. \n\nXXXX. * * Fair Credit Billing Act ( FCBA ) * * : Under 15 U.S.C. 1666, consumers are entitled to provisional credit during the investigation of billing disputes. NFCUs failure to provide such credit contravenes federal law, especially when they have already acknowledged possession of the funds recovered from the merchant. \n\nXXXX. * * Regulation E ( 12 C.F.R. Part 1005 ) * * : Notably, Section 1005.11 establishes requirements for creditors regarding provisional credit. NFCUs refusal to issue provisional credit or disclose the chargeback filing date constitutes a violation of this regulation, as they have not provided valid grounds for withholding funds that are rightfully mine. \n\nXXXX. * * Equal Credit Opportunity Act ( ECOA ) * * : The ECOA, found at 15 U.S.C. 1691, prohibits discrimination in credit transactions. The regulatory framework outlined in 12 C.F.R. 1002.4 reinforces this prohibition by requiring creditors to abstain from any form of discrimination based on arbitrary characteristics. The disparity in how NFCU handles disputes potentially contravenes these standards and suggests a pattern of discriminatory practice that undermines fundamental tenets of equitable treatment. \n\nXXXX. * * Unfair and Deceptive Acts and Practices ( UDAAP ) * * : The actions of NFCU in withholding funds while acknowledging their existence provide a basis for a claim of engaging in unfair or deceptive practices. This behavior has resulted in an ongoing injury, given that I, as a permanently XXXX individual, am being denied access to funds that are crucial for my day-to-day living. \n\nXXXX. * * Common Law Principles * * : Recognized principles of good faith and fair dealing necessitate that financial institutions operate in a manner that upholds the trust and confidence placed in them by their clients ( UCC 1-302 ). The disproportionate treatment of my case by NFCU signals a potential breach of this duty, raising questions about their commitment to ethical banking practices. \n\n* * Conclusion and Request for Remedial Action : * * In light of the outlined legal infractions and ethical considerations, it is evident that Navy Federal Credit Union has violated my rights as a permanently XXXX consumer by withholding funds, failing to provide necessary documentation, and not affording me the equitable treatment mandated by law. Therefore, I seek immediate remediation, including the release of the withheld funds, provision of all requested documentation about my case, and an assurance that NFCU will re-evaluate its practices to ensure compliance with applicable laws and regulations in the future. \n\nThe persistence of these issues necessitates an urgent and thorough review of NFCUs operational policies and their alignment with federal consumer protection laws, particularly those aimed at safeguarding the interests of individuals with XXXX. \n\nNavy Federal Credit Unions Repeated Denial of Equitable, Standard, and Treatment of a Permanently XXXX Individual, Refusal to Provide Documents of Policy, Procedures, and Standard Operating Protocols, and Ineffective, Dismissive, and Uninformative Communications : This complaint presents distinct and novel issues that are not merely duplicative of existing complaints. The concerns arise specifically from Navy Federal Credit Unions actions after XX/XX/year>, where it wrongfully withheld funds that had already been retrieved from the merchant, coupled with a glaring lack of transparency regarding its processes. Such conduct constitutes new violations that have inflicted additional harm, thereby distinguishing this complaint from my initial grievance. \nKey Facts ( New Developments ) : On XX/XX/year>, Navy Federal informed me that it had already debited the merchants bank ( initiated chargeback ). \nAt the same time, Navy Federal stated it would not credit my account and was only waiting to see if the merchant disputes. \nAs of XX/XX/year>, Navy Federal continues to withhold the funds, despite acknowledging that it already controls the money. \nWhy This Is a Separate Violation : My first complaint covered the missed XXXX provisional credit deadline under 12 C.F.R. 1005.11 ( c ) ( 2 ).\n\nThis complaint concerns Navy Federals XXXX XXXX conduct : XXXX. Refusing to release funds already recovered from the merchants bank. \nXXXX. Refusing to disclose the chargeback filing date, the merchants response deadline, or any merchant documentation, in violation of 12 C.F.R. 1005.11 ( d ).\n\n3. Engaging in an unfair and deceptive practice ( UDAAP ) by admitting it has the funds but denying me access, creating an ongoing injury. \n\nRepresentatives from NFCU, including XXXX frontline staff and a supervisory agent, have dismissed my inquiries, claiming that NFCU is not obligated to provide provisional credit or documentation regarding our decisions. This stance represents a clear violation of the Fair Credit Billing Act ( FCBA ), specifically 15 U.S.C. 1666, which affirms the consumer 's entitlement to provisional credit during the investigation of disputes related to unauthorized charges. Furthermore, as stipulated in 12 C.F.R. 1026.13, creditors are required to grant provisional credit unless they can unequivocally establish a favorable resolution within the mandated investigation period. NFCU 's non-compliance with this regulatory obligation is both unlawful and untenable. \nThere is compelling evidence that NFCU has handled similar disputes in a manner that reflects bias and potential discriminatory practices. The Equal Credit Opportunity Act ( ECOA ), 15 U.S.C. 1691, prohibits discrimination in any aspect of credit transactions. The relevant regulatory framework, as outlined in 12 C.F.R. 1002.4, requires creditors to refrain from engaging in discrimination based on arbitrary factors. The inconsistent application of policies observed at NFCU raises serious concerns about their adherence to the ECOA and suggests a troubling disregard for principles of fairness and equitable treatment. Moreover, common law principles regarding good faith and fair dealing require financial institutions to treat their customers fairly ( see UCC 1-302 ). The evident inconsistencies in NFCU 's treatment of disputes underscore a potential breach of this fiduciary duty, which threatens the trust fundamental to the banking relationship. \nNavy Federal Credit Union XXXX NFCU ) violated federal law and consumer protection by withholding funds already recovered from the merchants bank while refusing to disclose relevant dates or documentation, thereby breaching obligations under Regulation E ( 12 C.F.R. Part 1005 ), engaging in unfair or deceptive practices, and imposing inequitable treatment on a XXXX consumer. This complaint differs materially from my earlier CFPB filing ; however, it is not precluded in its entirety. In combination with all the facts, NFCU conducts its business practices recklessly, autonomously guided by its own interests, openly undermining regulatory and governmental oversight. Representatives from NFCU, including XXXX frontline employees and a supervising agent, dismissed my inquiries with the assertion that NFCU is not required to provide provisional credit ( XXXX ) or documentation regarding our decisions. This dereliction is a clear violation of the Fair Credit Billing Act ( FCBA ), especially 15 U.S.C. 1666, which establishes the consumer 's right to receive provisional credit while disputes concerning unauthorized charges are under investigation. According to 12 C.F.R. 1026.13, creditors are mandated to issue provisional credit unless they can conclusively demonstrate a resolution favoring their position within the stipulated investigation timeframe. NFCU 's refusal to adhere to this regulatory requirement is both unlawful and indefensible. \nI have formally submitted XXXX requests for documentation that elucidates the rationale behind NFCUs decisions regarding my dispute. To date, the responses received have been markedly insufficient and evasive. As stipulated by 12 C.F.R. 1026.13 ( b ), a creditor is obligated to provide documentation once it determines that the charge in question is not erroneous. NFCU 's vague assertions that decisions are made internally without corresponding documentation are wholly unacceptable and represent an apparent infringement of consumer rights. I hereby demand immediate remedial action to address these violations. I expect a comprehensive response from NFCU, including all pertinent documentation that justifies its actions, along with the prompt issuance of the provisional credit that is due to me, inclusive of all fees paid for returned items during the period from XX/XX/year>, through XX/XX/year>. Should there be a continued failure to meet these requests, I will be compelled to explore further legal remedies. \n\nThere is compelling evidence that NFCU has handled similar disputes in a manner that reflects bias and potential discriminatory practices. The Equal Credit Opportunity Act ( ECOA ), 15 U.S.C. 1691, prohibits discrimination in any aspect of credit transactions. The relevant regulatory framework, as outlined in 12 C.F.R. 1002.4, requires creditors to refrain from engaging in discrimination based on arbitrary factors. The inconsistent application of policies observed at NFCU raises serious concerns about their adherence to the ECOA and suggests a troubling disregard for principles of fairness and equitable treatment.\n\nMoreover, common law principles regarding good faith and fair dealing require financial institutions to treat their customers fairly ( see UCC 1-302 ). The evident inconsistencies in NFCU 's treatment of disputes underscore a potential breach of this fiduciary duty, which threatens the trust fundamental to the banking relationship.\n\nVII. Conclusion : In conclusion, the actions and policies of Navy Federal Credit Union in relation to my dispute reveal significant failures in their adherence to consumer protection laws and in providing equitable treatment to their members. The glaring inconsistencies in their practices, lack of transparency, and potential bias require immediate action. I demand a comprehensive review of my case, focusing on consumer rights, equitable procedures, and strict adherence to applicable legal standards, to address these issues and rectify any discriminatory practices, thereby ensuring fairness in financial services for all consumers. \n\nXXXX. XXXXlectronic Fund Transfer Act ( EFTA ), 15 U.S.C. 1693 et seq. Implemented by Regulation E ( 12 C.F.R. Part 1005 ), engaging in unfair or deceptive practices, and imposing inequitable treatment on a XXXX consumer. \nXXXX. 12 C.F.R. 1005.11 ( d ) : If the institution determines no error occurred, it must provide an explanation and copies of documents relied upon. \nXXXX. Unfair, Deceptive, or Abusive Acts or Practices ( UDAAP ), 12 U.S.C. 5531, 5536.\n\nFinancial institutions supervised by the CFPB are prohibited from engaging in unfair or deceptive practices, including failing to provide clear disclosures or withholding funds without a valid legal justification. \nXXXX. Equal Credit Opportunity Act ( ECOA ), 15 U.S.C. 1691 ; ADA, 42 U.S.C. 12101. \nRequire financial institutions to provide fair and equal treatment without discrimination, including to XXXX consumers relying on public assistance. \nXXXX. Common Law Duty of Good Faith and Fair Dealing. \nFinancial institutions must act fairly, reasonably, and in good faith when dealing with members and their funds. \nB. Lack of Transparency Despite repeated requests, NFCU has not disclosed : o The date the chargeback was filed, o The merchants deadline to respond, or o Any documentation received from the merchant. \nUnder 12 C.F.R. 1005.11 ( d ), NFCU must explain and provide supporting documentation if it denies a consumers claim. The lack of disclosure is noncompliant and deceptive. \nXXXX Withholding Funds Already Retrieved NFCU admits it already recovered funds from the merchants bank. \nHolding these funds without crediting them to the consumer lacks any statutory or contractual basis. \nThis constitutes an unfair practice under the CFPBs UDAAP authority and a breach of the duty of good faith and fair dealing. \nXXXX Disparate Impact on XXXX XXXX As a permanently XXXX consumer on a fixed income, denial of access to lawfully protected funds imposes disproportionate harm. \nNFCUs refusal to apply standard protections may implicate ECOA and XXXX principles of equity and nondiscrimination, especially if such practices are applied inconsistently across consumer classes. \nFormal Request for Action Against Navy Federal Credit Union : XXXX ) Immediate Release of Recovered Funds : We demand that Navy Federal Credit Union promptly release the funds successfully retrieved from the merchants banking institution. The credit union must uphold its obligation to expedite the reinstatement of these funds to the appropriate account, as this is a fundamental expectation and a critical aspect of its fiduciary duties to its members. Additionally, an immediate refund of all return fees charged during the period from XX/XX/year>, through XX/XX/year>. Following XX/XX/XXXX, I have been systematically denied access to funds that Navy Federal has already recovered. This situation transcends mere delays ; it constitutes an ongoing deprivation of funds to which I have a rightful claim. As a permanently XXXX individual reliant on a fixed income, the compounded effects of this inability to access my resources exacerbate my financial hardship, creating new challenges that are separate from the initial violation regarding provisional credit. \nXXXX ) Documentation of Chargeback Process : We require Navy Federal to furnish a comprehensive account of the chargeback process in writing. This documentation must include the date on which the chargeback was filed, the deadline for the merchants response, and all relevant documentation received throughout the process. Our request is firmly grounded in consumer protection laws that mandate transparency in dispute processes, including the Fair Credit Billing Act and essential provisions of Regulation E. \nXXXX ) Clarification of Fund Retention Practices : We insist that Navy Federal provide a clear and thorough explanation as to why it continues to withhold funds after acknowledging their retrieval. Additionally, we demand an immediate response regarding the refusal to provide the requested documentation that supports its determinations related to the chargeback. This lack of transparency is unacceptable and potentially violates consumer protection statutes and internal compliance standards. Navy Federal must articulate the legal basis for its actions and demonstrate how they align with established regulatory frameworks, particularly Regulation E. \nXXXX ) Review of Dispute-Handling Policies for Compliance : We call for an immediate and comprehensive review of Navy Federals dispute resolution policies to ensure their compliance with Regulation E and applicable fairness standards. This review aims to determine whether Navy Federal 's practices meet regulatory expectations regarding the timely processing of accounts, clear communication, and the ethical treatment of account holders. Evaluating these policies against industrys best practices is essential to protecting consumer rights and maintaining transparency throughout the dispute resolution process. Further, NCUA summarily dismissed my first complaints against NFCU, Conclusion : If NFCU refuses equitable opportunities and fairness to a permanently XXXX individual, and repeatedly, on a \" provisional credit, '' twenty-four days after the dispute was filed, XXXX days after they draw down funds from another bank, having denied me my initial provisional credit twice, and then states they are \" in-waiting '' for the other bank to dispute, and as you will witness attached, offers not a single date, time, estimation, and all while acting and treating me in a manner that clearly is a discriminatory, biased, non-documented lawful or internal policy, when I can not even receive medicine, then by what reasonable discernment does the CFPB believe they operate based on fairness and equitable, uniform and standard treatment? I am requesting a review of NFCU 's internal policies and procedures, which will be analyzed by the actual compliance team. I am requesting that Navy Federal provide me with all the documents, including the reasons why I have been repeatedly denied. every request ever made, while protecting vendors of other banks. Navy Federal has, in a rapid period of time, declined substantially, and I am betting there are thousands of classes of of similar treatment who would love to take action.","date_sent_to_company":"2025-09-24T12:36:15.000Z","issue":"Managing an account","sub_product":"Checking account","zip_code":"38053","tags":null,"has_narrative":true,"complaint_id":"16161971","timely":"Yes","company_response":"Closed with monetary relief","submitted_via":"Web","company":"NAVY FEDERAL CREDIT UNION","date_received":"2025-09-24T11:22:35.000Z","state":"TN","company_public_response":"Company believes it acted appropriately as authorized by contract or law","sub_issue":"Funds not handled or disbursed as instructed"},"highlight":{"complaint_what_happened":["As a permanently XXXX individual reliant on a fixed income, the compounded effects of this inability to access my resources exacerbate my financial hardship, creating new challenges that are separate from the <em>initial</em> violation regarding provisional credit. \nXXXX ) Documentation of Chargeback <em>Process</em> : We require Navy Federal to furnish a comprehensive account of the chargeback <em>process</em> in writing."]},"sort":[6.6234827,"16161971"]},{"_index":"complaint-public-v1","_id":"11111212","_score":6.0241656,"_source":{"product":"Debt collection","complaint_what_happened":"Here in this complaint, I am outlining a notation that there has been a repeated consistent offense against my peace of mind and previously what was my credit report by the following creditor and debt collectors with malicious intent and retaliation for my recent dispute and an identity theft case which is relation to a previous CFPB complaint which may you see attached what was reference to the credit bureaus, which was one of the following creditors that I had made a complaint about And no identification to my credit where my identity has been taken, and I followed the civil steps to report : XXXXXXXX XXXX XXXX XXXX XXXX XXXX and the variations of their names as mentioned in reports. \n\nIn XX/XX/XXXX, I had made an initial report on my credit report where my identity had been stolen of which I had followed the proper channels and filed with the FTC a police report as well as the supplement letters to the credit bureaus and the affiliated formations of information to do an investigation on all of the identity taken in relation to that report. Roughly XX/XX/XXXX of XXXX I was contacted by XXXX over the investigation results of which it was assumed they were consulted by one of the credit bureaus I would like to notate at this point prior to going further into the explanation that there was at no point any written, verbal or electronic communications with XXXX bank prior to these notions I have mentioned from them and at any point that can be remembered. needless to say, I received an email from them directly about the investigation of which is attached to this complaint. They have stated that they had disregarded this investigation in the sense of stating that the debt was validated and that the collection efforts will continue. With this being in mind, this original creditor of whom I did not recognize came at me directly with this notification in the past I had actually filed another CFPB complaint in regards to the same creditor ironically, the same creditor had also sold the debt to one XXXX XXXX  of whom also reported on my credit report frivolously and falsely stating that I owed them for a collection and for an account I did not recognize which also just so happen to be around the same time frame Ive filed my previous credit report identity theft cycle from XXXX, which was still relative to all the information neither this creditor nor the debt collector XXXX XXXX notified me of any investigation between XXXX and up to this point about an investigation relative to this debt or the validity of this debt at any point and have remained and continue to maliciously report this debt on my credit report all of XXXX and XXXX. I would also like to notate from my previous CFPB complaint from XXXX that my previous identity theft report did not have a resolution for I was still dealing with the damages that accolade with my identity being stolen from the last time. Upon further findings, it was brought to my attention that not only they were maliciously reporting this debt on my credit report with all three bureaus after previous correspondence via the letters with the credit viewers directly as well as themselves that they had sold the debt three different times to three different creditors. Additionally, they had changed the name of the debt and accompaniment to the debt itself, as well as the amount associated with this account. If you can, please look over the documentation you will see that there was a Synovus bank associated with this account Ending in XXXX or the numbers that Accolate to it with the attachments upon the findings of which I have also attached to the claim that I am sending to you directly, it was showed that Synovus was bought by XXXX XXXX, roughly about XXXX of which I was never notified, though the debt was an acclamation of identity theft, with any information pertaining to myself, I still wouldve received some kind of disclosure which was never provided Verbally through mail electronically or verbally. Needless to say they had continued malicious collection practices, changing, apparently the original amount of {$120.00} to {$160.00} $ to my knowledge they rename the debt and re-acclimated fees making it look like a completely different collection. The reason why I know this is because XXXX as you can see in the attachments for the duration of their collection practices and efforts was the original creditor of such an account of whom at no point yet again After reviewing my credit reports, was there ever any direct line of credit taken out with XXXX  envy directly, and at this point it would like to be noted that XXXX is not a creditor at all. They are a debt collector for that very reason this was a form of fraud as well. By XXXX also sending these correspondences during this entire process, they also participated proactively in aggressive collection efforts after specifically being informed that there was not the time nor the place in the past to collect on a debt which ironically was not mine, but I had still informed them that it was not a convenient time due to my identity being taken around the same time frame. I was also displaced and had nowhere to go there by being XXXX, which affected my XXXX XXXX  during XXXX into XXXX despite my efforts to communicate with with the creditor, and yet the debt collectors of whom I had never agreed to any conversation or any communication or gotten into any kind of contractual obligation at any point between the opening of this account in there further, which was not of my knowledge, I still contacted them and asked them to cease and desist all communications with myself because of the inconvenience of time where I was not met with any understanding, but much more aggression as far as communications being pinged to my email address yet there was never any written notices of the validity of debt, and there was no compromise with any of these entities involved in an association with this debt. This debt had been re-sold three different times in an attempt to collect the debt for different amounts that had absolutely nothing to do with the original collection of the debt and additionally, it was already disputed as being an invalid debt as a byproduct of identity theft from a previous dispute, however, these collection efforts here recently in the month of XXXX and XXXX got aggressive, and started happening daily in an effort to deter and gaslight me into paying this fee on the debt which is not mine I have attached different sub laws from FCRA and FDCPA in relation to these violations that they have committed maliciously frivolously and with malintent. \n\n\n\n606. ( a ) ( b ) Disclosure of investigative consumer reports [ 15 U.S.C. 1681d ] Disclosure of fact of preparation. A person may not procure or cause to be prepared an investigative consumer report on any consumer unless ( 1 ) it is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to his character, general reputation, personal characteristics and mode of living, whichever are applicable, may be made, and such disclosure ( A ) is made in a writing mailed, or otherwise delivered, to the consumer, not later than three days after the date on which the report was first requested, and ( B ) includes a statement informing the consumer of his right to request the additional disclosures provided for under subsection ( b ) of this section and the written summary of the rights of the consumer prepared pursuant to section 609 ( c ) [ 1681g ] ; and ( 2 ) the person certifies or has certified to the consumer reporting agency that ( A ) the person has made the disclosures to the consumer required by paragraph ( XXXX ) ; and ( B ) the person will comply with subsection ( b ). \nXXXXisclosure on request of nature and scope of investigation. Any person who procures or causes to be prepared an investigative consumer report on any consumer shall, upon written request made by the consumer within a reasonable period of time after the receipt by him of the disclosure required by subsection ( a ) ( 1 ) of this section, make a complete and accurate disclosure of the nature and scope of the investigation requested. This disclosure shall be made in a writing mailed, or otherwise delivered, to the consumer not later than five days after the date on which the request for such disclosure was received from the consumer or such report was first requested, whichever is the later.\n\n( c ) Limitation on liability upon showing of reasonable procedures for compliance with provisions. No person may be held liable for any violation of subsection ( a ) or ( b ) of this section if he shows by a preponderance of the evidence that at the time of the violation he maintained reasonable procedures to assure compliance with subsection ( a ) or ( b ) of this section.\n\nCompliance procedures [ 15 U.S.C. 1681e ] Identity and purposes of credit users. Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 605 [ 1681c ] and to limit the furnishing of consumer reports to the purposes listed under section 604 [ 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 Summary of Rights of Identity Theft Victims ( 1 ) See also 12 CFR Part 1022, XXXX XXXX XXXX general. XXXX  XXXX, in consultation with the Federal banking agencies and the XXXX XXXX XXXX XXXX, shall prepare a model summary of the rights of consumers under this title 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( XXXX ) 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 A ) the victim ; 49 609 - 15 U.S.C. 1681g ( 2 ) ( 3 ) ( B ) ( C ) any Federal, State, or local government law enforcement agency or officer specified by the victim in such a request ; or Any law enforcement agency investigating the identity theft and authorized by the victim to take receipt of records provided under this subsection.\n\nVerification 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 affidavit of fact that is acceptable to the business entity for that purpose.\n\nProcedures. The request of a victim under paragraph ( 1 ) shall ( A ) be in writing ; ( B ) ( C ) be mailed to an address specified by the business entity, if any ; and 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 50 609 - 15 U.S.C. 1681g ( i ) ( ii ) if known by the victim ( or if readily obtainable by the victim ), the date of the application or transaction ; and if known by the victim ( or if readily obtainable by the victim ), any other identifying information such as an account or transaction number.\n\n2 ) Form. A consumer may specify pursuant to paragraph ( 1 ) that disclosures under section 609 [ 1681g ] shall be made 57 610 - 15 U.S.C. 1681h ( c ) ( d ) ( e ) ( A ) in person, upon the appearance of the consumer at the place of business of the consumer reporting agency where disclosures are regularly provided, during normal business hours, and on reasonable notice ; ( B ) by telephone, if the consumer has made a written request for disclosure by telephone ; ( C ) by electronic means, if available from the agency ; or ( D ) by any other reasonable means that is available from the agency.\n\n2 ) Criteria ( A ) ( 3 ) ( 4 ) In general. In developing the guidelines required by paragraph ( 1 ) ( A ), the agencies described in paragraph ( 1 ) shall identify patterns, practices, and specific forms of activity that indicate the possible existence of identity theft.\n\n( B ) Inactive accounts. In developing the guidelines required by paragraph ( 1 ) ( A ), the agencies described in paragraph ( 1 ) shall consider including reasonable guidelines providing that when a transaction occurs with respect to a credit or deposit account that has been inactive for more than 2 years, the creditor or financial institution shall follow reasonable policies and procedures that provide for notice to be given to a consumer in a manner reasonably designed to reduce the likelihood of identity theft with respect to such account.\n\nConsistency with verification requirements. Guidelines established pursuant to paragraph ( 1 ) shall not be inconsistent with the policies and procedures required under section 5318 ( l ) of title 31, United States Code.\n\nDefinitions. As used in this subsection, the term creditor ( A ) means a creditor, as defined in section 702 of the Equal Credit Opportunity Act ( 15 U.S.C. 1691a ), that regularly and in the ordinary course of business ( i ) obtains or uses consumer reports, directly or indirectly, in connection with a credit transaction ; ( ii ) furnishes information to consumer reporting agencies, as described in section 623, in connection with a credit transaction ; or 75 615 - 15 U.S.C. 1681m ( f ) ( g ) ( iii ) advances funds to or on behalf of a person, based on an obligation of the person to repay the funds or repayable from specific property pledged by or on behalf of the person ; ( B ) does not include a creditor described in subparagraph ( A ) ( iii ) that advances funds on behalf of a person for expenses incidental to a service provided by the creditor to that person ; and ( C ) includes any other type of creditor, as defined in that section 702, as the agency described in paragraph ( 1 ) having authority over that creditor may determine appropriate by rule promulgated by that agency, based on a determination that such creditor offers or maintains accounts that are subject to a reasonably foreseeable risk of identity theft.\n\nProhibition on Sale or Transfer of Debt Caused by Identity Theft ( 1 ) In general. No person shall sell, transfer for consideration, or place for collection a debt that such person has been notified under section 605B has resulted from identity theft.\n\n( 2 ) Applicability. The prohibitions of this subsection shall apply to all persons collecting a debt described in paragraph ( 1 ) after the date of a notification under paragraph ( 1 ).\n\n( 3 ) Rule of construction. Nothing in this subsection shall be construed to prohibit ( A ) the repurchase of a debt in any case in which the assignee of the debt requires such repurchase because the debt has resulted from identity theft ; ( B ) the securitization of a debt or the pledging of a portfolio of debt as collateral in connection with a borrowing ; or ( C ) the transfer of debt as a result of a merger, acquisition, purchase and assumption transaction, or transfer of substantially all of the assets of an entity.\n\nDebt collector communications concerning identity theft. If a person acting as a debt collector ( as that term is defined in title VIII ) on behalf of a third party that is a creditor or other user of a consumer report is notified that any information relating to a debt that the person is attempting to collect may be fraudulent or may be the result of identity theft, that person shall ( 1 ) notify the third party that the information may be fraudulent or may be the result of identity theft ; and ( 2 ) upon request of the consumer to whom the debt purportedly relates, provide to the consumer all information to which the consumer would otherwise be entitled if the consumer were not a victim of identity theft, but wished to dispute the debt under provisions of law applicable to that person.\n\nIn reference to FDCPA practices to outline my claim would be following subsections of the act in relation to the creditor and the debt collection agencies involved with these practices that I am disputing today. \n\nAct 1692-1692p Ss 808, Unfair Practices a ) Notice of debt ; contentsWithin five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing -- ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.\n\nb ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor.\n\n807. False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof.\n\n( 2 ) The false representation of -- ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.\n\n( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney.\n\n( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action.\n\n( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken.\n\n( 6 ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to -- ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter.\n\n( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer.\n\n( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed.\n\n( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval.\n\n( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer.\n\n( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action.\n\n( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value.\n\n( 14 ) The use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization.\n\n( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title.\n\n15 USC 1692f 805. Communication in connection with debt collection ( a ) Communication with the consumer generallyWithout the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt -- ( 1 ) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after 8 o'clock antemeridian and before 9 o'clock postmeridian, local time at the consumer 's location ; ( 2 ) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney 's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or ( 3 ) at the consumer 's place of employment if the debt collector knows or has reason to know that the consumer 's employer prohibits the consumer from receiving such communication.\n\n( b ) Communication with third partiesExcept as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.\n\n( c ) Ceasing communicationIf a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except -- ( 1 ) to advise the consumer that the debt collector 's further efforts are being terminated ; ( 2 ) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or ( 3 ) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.\n\nIf such notice from the consumer is made by mail, notification shall be complete upon receipt.\n\n( d ) Consumer definedFor the purpose of this section, the term \" consumer '' includes the consumer 's spouse, parent ( if the consumer is a minor ), guardian, executor, or administrator.\n\n15 USC 1692d 812. Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.\n\n( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter.\n\n15 USC 1692k Prior to my close out of this entire explanation, as well as the subset of the laws that are reference here to justify my position as a consumer of the miss handling and violations of these entities, I would also like to notate that at no point in any of these entities, both the creditor and the debt collectors informed me of the resale of the debt communication of the debt being sold my rights as a consumer as well as other provisions that support this claim. I have been completely compliant and did everything to the best of my ability and everything that has been done up to this point in an effort to collect this debt. I am claiming under the documentation that I have provided that this was all done, maliciously and out of careful consideration for me as a consumer and in violation of the FCRA and FDCPA laws and provisions that protect me as a consumer by all of these entities As for the notation of communication at no point was there ever any written, verbal, electronic, or other means of communication to also convey that there was no melanin that occurred to me as a consumer which inherently became very taxing to my mental state and affected my stability in the sense where I had been encountering different setbacks with my credit without any careful consideration of my situation by these parties involved. Additionally, any other investigations that they may have conducted whether it was of my knowledge or not there was no validity, provided upon any of the previous investigations in relation to this where the debt was ever validated.\n\nThe following documents correspondences in the like is all furnished evidence supporting documents in the like to support my claim and anything relative to the ladder.","date_sent_to_company":"2024-12-12T01:07:33.000Z","issue":"Threatened to contact someone or share information improperly","sub_product":"Other debt","zip_code":"82001","tags":null,"has_narrative":true,"complaint_id":"11111212","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Synovus Bank","date_received":"2024-12-12T00:39:26.000Z","state":"WY","company_public_response":null,"sub_issue":"Contacted you after you asked them to stop"},"highlight":{"complaint_what_happened":["The following documents correspondences in the like is all furnished evidence <em>supporting</em> documents in the like to <em>support</em> my claim and anything relative to the ladder."]},"sort":[6.0241656,"11111212"]},{"_index":"complaint-public-v1","_id":"8140712","_score":5.289752,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Lexis Nexis continues to report an alleged bankruptcy onto my consumer report. This is a violation of my consumer rights as this bankruptcy has not been properly verified as belonging to me. I have repeatedly asked that they provide me with documentation or the person they have spoken to that verified this alleged bankruptcy. \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( 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( 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( 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 ) Definitions.For purposes of this section ( 1 ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 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 ; ( 5 ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( 6 ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( 7 ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( 8 ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( 10 ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( 11 ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( 12 ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( XXXX ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ).\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 ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( 7 ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( 8 ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( 9 ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( 10 ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( 11 ) pursuant to the order of a court of competent jurisdiction ; or ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31. \n( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under paragraph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( 3 ) except for disclosures made under subsection ( b ) ( 7 ) of this section, make the accounting made under paragraph ( 1 ) of this subsection available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made.\n\n( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding XXXX, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( XXXX ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding XXXX, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( 1 ) ( A ) of this section ; ( 4 ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( 3 ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( 5 ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding.\n\n( e ) Agency Requirements.Each agency that maintains a system of records shall ( 1 ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( 2 ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( 3 ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( 4 ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( 4 ) subject to the provisions of paragraph ( 11 ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( E ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( 5 ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( 6 ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( 2 ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( 7 ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( 8 ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( 11 ) at least 30 days prior to publication of information under paragraph ( 4 ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( 12 ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision.\n\n( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( 1 ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( 2 ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( 3 ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( 4 ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( 5 ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record.\n\nThe Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( e ) ( 4 ) of this section in a form available to the public at low cost.\n\n( g ) ( 1 ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.\n\n( 2 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 3 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of {$1000.00} ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court.\n\n( 5 ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to XX/XX/XXXX. \n( h ) Rights of Legal Guardians.\n\nFor the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual.\n\n( i ) ( 1 ) Criminal Penalties.\n\nAny officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 2 ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( 3 ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than {$5000.00}.\n\n( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision.\n\nAt the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section.\n\n( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( 2 ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section, under an implied promise that the identity of the s","date_sent_to_company":"2024-01-11T00:42:46.000Z","issue":"Problem with a company's investigation into an existing issue","sub_product":"Other personal consumer report","zip_code":"600XX","tags":null,"has_narrative":true,"complaint_id":"8140712","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"LEXISNEXIS","date_received":"2024-01-11T00:34:42.000Z","state":"IL","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["when such <em>process</em> becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the <em>design</em>, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards"]},"sort":[5.289752,"8140712"]},{"_index":"complaint-public-v1","_id":"8140719","_score":5.2685633,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"Experian is continuing to report inaccurate information on my consumer report. I have repeatedly asked that the information be removed from my consumer report as it is not accurate at all. Experian is required under federal law to report accurate information yet my address is listed incorrectly. \n\nMy name is XXXX XXXX this is the only name I am known by and there should be no other name listed on my consumer report. My only address is XXXXXXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX, IL XXXX. \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 ) Definitions.For purposes of this section ( 1 ) the term agency means agency as defined in section 552 ( e ) [ 1 ] of this title ; ( 2 ) the term individual means a citizen of the United States or an alien lawfully admitted for permanent residence ; ( 3 ) the term maintain includes maintain, collect, use, or disseminate ; ( 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 ; ( 5 ) the term system of records means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual ; ( 6 ) the term statistical record means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by section 8 of title 13 ; ( 7 ) the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected ; ( 8 ) the term matching program ( A ) means any computerized comparison of ( i ) two or more automated systems of records or a system of records with non-Federal records for the purpose of ( I ) establishing or verifying the eligibility of, or continuing compliance with statutory and regulatory requirements by, applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in-kind assistance or payments under Federal benefit programs, or ( II ) recouping payments or delinquent debts under such Federal benefit programs, or ( ii ) two or more automated Federal personnel or payroll systems of records or a system of Federal personnel or payroll records with non-Federal records, ( B ) but does not include ( i ) matches performed to produce aggregate statistical data without any personal identifiers ; ( ii ) matches performed to support any research or statistical project, the specific data of which may not be used to make decisions concerning the rights, benefits, or privileges of specific individuals ; ( iii ) matches performed, by an agency ( or component thereof ) which performs as its principal function any activity pertaining to the enforcement of criminal laws, subsequent to the initiation of a specific criminal or civil law enforcement investigation of a named person or persons for the purpose of gathering evidence against such person or persons ; ( iv ) matches of tax information ( I ) pursuant to section 6103 ( d ) of the Internal Revenue Code of 1986, ( II ) for purposes of tax administration as defined in section 6103 ( b ) ( 4 ) of such Code, ( III ) for the purpose of intercepting a tax refund due an individual under authority granted by section 404 ( e ), 464, or 1137 of the Social Security Act ; or ( IV ) for the purpose of intercepting a tax refund due an individual under any other tax refund intercept program authorized by statute which has been determined by the Director of the Office of Management and Budget to contain verification, notice, and hearing requirements that are substantially similar to the procedures in section 1137 of the Social Security Act ; ( v ) matches ( I ) using records predominantly relating to Federal personnel, that are performed for routine administrative purposes ( subject to guidance provided by the Director of the Office of Management and Budget pursuant to subsection ( v ) ) ; or ( II ) conducted by an agency using only records from systems of records maintained by that agency ; if the purpose of the match is not to take any adverse financial, personnel, disciplinary, or other adverse action against Federal personnel ; ( vi ) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel ; ( vii ) matches performed incident to a levy described in section 6103 ( k ) ( 8 ) of the Internal Revenue Code of 1986 ; ( viii ) matches performed pursuant to section 202 ( x ) ( 3 ) or 1611 ( e ) ( 1 ) of the Social Security Act ( 42 U.S.C. 402 ( x ) ( 3 ), 1382 ( e ) ( 1 ) ) ; ( ix ) matches performed by the Secretary of Health and Human Services or the Inspector General of the Department of Health and Human Services with respect to potential fraud, waste, and abuse, including matches of a system of records with non-Federal records ; or ( x ) matches performed pursuant to section 3 ( d ) ( 4 ) of the Achieving a Better Life Experience Act of 2014 ; 1 ( 9 ) the term recipient agency means any agency, or contractor thereof, receiving records contained in a system of records from a source agency for use in a matching program ; ( 10 ) the term non-Federal agency means any State or local government, or agency thereof, which receives records contained in a system of records from a source agency for use in a matching program ; ( 11 ) the term source agency means any agency which discloses records contained in a system of records to be used in a matching program, or any State or local government, or agency thereof, which discloses records to be used in a matching program ; ( 12 ) the term Federal benefit program means any program administered or funded by the Federal Government, or by any agent or State on behalf of the Federal Government, providing cash or in-kind assistance in the form of payments, grants, loans, or loan guarantees to individuals ; and ( 13 ) the term Federal personnel means officers and employees of the Government of the United States , members of the uniformed services ( including members of the Reserve Components ), individuals entitled to receive immediate or deferred retirement benefits under any retirement program of the Government of the United States ( including survivor benefits ).\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 ( 1 ) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties; ( 2 ) required under section 552 of this title ; ( 3 ) for a routine use as defined in subsection ( a ) ( 7 ) of this section and described under subsection ( e ) ( 4 ) ( D ) of this section ; ( 4 ) to the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to the provisions of title 13 ; ( 5 ) to a recipient who has provided the agency with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable ; ( 6 ) to the National Archives and Records Administration as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government, or for evaluation by the Archivist of the United States or the designee of the Archivist to determine whether the record has such value ; ( 7 ) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought ; ( 8 ) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual ; ( 9 ) to either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee ; ( 10 ) to the Comptroller General, or any of his authorized representatives, in the course of the performance of the duties of the Government Accountability Office ; ( 11 ) pursuant to the order of a court of competent jurisdiction ; or ( 12 ) to a consumer reporting agency in accordance with section 3711 ( e ) of title 31.\n\n( c ) Accounting of Certain Disclosures.Each agency, with respect to each system of records under its control, shall ( 1 ) except for disclosures made under subsections ( b ) ( 1 ) or ( b ) ( 2 ) of this section, keep an accurate accounting of ( A ) the date, nature, and purpose of each disclosure of a record to any person or to another agency made under subsection ( b ) of this section; and ( B ) the name and address of the person or agency to whom the disclosure is made ; ( 2 ) retain the accounting made under paragraph ( 1 ) of this subsection for at least five years or the life of the record, whichever is longer, after the disclosure for which the accounting is made ; ( 3 ) except for disclosures made under subsection ( b ) ( 7 ) of this section, make the accounting made under paragraph ( 1 ) of this subsection available to the individual named in the record at his request; and ( 4 ) inform any person or other agency about any correction or notation of dispute made by the agency in accordance with subsection ( d ) of this section of any record that has been disclosed to the person or agency if an accounting of the disclosure was made.\n\n( d ) Access to Records.Each agency that maintains a system of records shall ( 1 ) upon request by any individual to gain access to his record or to any information pertaining to him which is contained in the system, permit him and upon his request, a person of his own choosing to accompany him, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him, except that the agency may require the individual to furnish a written statement authorizing discussion of that individuals record in the accompanying persons presence ; ( 2 ) permit the individual to request amendment of a record pertaining to him and ( A ) not later than 10 days ( excluding Saturdays, Sundays, and legal public holidays ) after the date of receipt of such request, acknowledge in writing such receipt ; and ( B ) promptly, either ( i ) make any correction of any portion thereof which the individual believes is not accurate, relevant, timely, or complete ; or ( ii ) inform the individual of its refusal to amend the record in accordance with his request, the reason for the refusal, the procedures established by the agency for the individual to request a review of that refusal by the head of the agency or an officer designated by the head of the agency, and the name and business address of that official ; ( 3 ) permit the individual who disagrees with the refusal of the agency to amend his record to request a review of such refusal, and not later than 30 days ( excluding Saturdays, Sundays, and legal public holidays ) from the date on which the individual requests such review, complete such review and make a final determination unless, for good cause shown, the head of the agency extends such 30-day period ; and if, after his review, the reviewing official also refuses to amend the record in accordance with the request, permit the individual to file with the agency a concise statement setting forth the reasons for his disagreement with the refusal of the agency, and notify the individual of the provisions for judicial review of the reviewing officials determination under subsection ( g ) ( 1 ) ( A ) of this section ; ( 4 ) in any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph ( 3 ) of this subsection, clearly note any portion of the record which is disputed and provide copies of the statement and, if the agency deems it appropriate, copies of a concise statement of the reasons of the agency for not making the amendments requested, to persons or other agencies to whom the disputed record has been disclosed ; and ( 5 ) nothing in this section shall allow an individual access to any information compiled in reasonable anticipation of a civil action or proceeding.\n\n( e ) Agency Requirements.Each agency that maintains a system of records shall ( 1 ) maintain in its records only such information about an individual as is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute or by executive order of the President ; ( 2 ) collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individuals rights, benefits, and privileges under Federal programs ; ( 3 ) inform each individual whom it asks to supply information, on the form which it uses to collect the information or on a separate form that can be retained by the individual ( A ) the authority ( whether granted by statute, or by executive order of the President ) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary ; ( B ) the principal purpose or purposes for which the information is intended to be used ; ( C ) the routine uses which may be made of the information, as published pursuant to paragraph ( 4 ) ( D ) of this subsection ; and ( D ) the effects on him, if any, of not providing all or any part of the requested information ; ( 4 ) subject to the provisions of paragraph ( 11 ) of this subsection, publish in the Federal Register upon establishment or revision a notice of the existence and character of the system of records, which notice shall include ( A ) the name and location of the system ; ( B ) the categories of individuals on whom records are maintained in the system ; ( C ) the categories of records maintained in the system ; ( D ) each routine use of the records contained in the system, including the categories of users and the purpose of such use ; ( E ) the policies and practices of the agency regarding storage, retrievability, access controls, retention, and disposal of the records ; ( F ) the title and business address of the agency official who is responsible for the system of records ; ( G ) the agency procedures whereby an individual can be notified at his request if the system of records contains a record pertaining to him ; ( H ) the agency procedures whereby an individual can be notified at his request how he can gain access to any record pertaining to him contained in the system of records, and how he can contest its content ; and ( I ) the categories of sources of records in the system ; ( 5 ) maintain all records which are used by the agency in making any determination about any individual with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in the determination ; ( 6 ) prior to disseminating any record about an individual to any person other than an agency, unless the dissemination is made pursuant to subsection ( b ) ( 2 ) of this section, make reasonable efforts to assure that such records are accurate, complete, timely, and relevant for agency purposes ; ( 7 ) maintain no record describing how any individual exercises rights guaranteed by the First Amendment unless expressly authorized by statute or by the individual about whom the record is maintained or unless pertinent to and within the scope of an authorized law enforcement activity ; ( 8 ) make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the design, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained ; ( 11 ) at least 30 days prior to publication of information under paragraph ( 4 ) ( D ) of this subsection, publish in the Federal Register notice of any new use or intended use of the information in the system, and provide an opportunity for interested persons to submit written data, views, or arguments to the agency ; and ( 12 ) if such agency is a recipient agency or a source agency in a matching program with a non-Federal agency, with respect to any establishment or revision of a matching program, at least 30 days prior to conducting such program, publish in the Federal Register notice of such establishment or revision.\n\n( f ) Agency Rules.In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements ( including general notice ) of section 553 of this title, which shall ( 1 ) establish procedures whereby an individual can be notified in response to his request if any system of records named by the individual contains a record pertaining to him ; ( 2 ) define reasonable times, places, and requirements for identifying an individual who requests his record or information pertaining to him before the agency shall make the record or information available to the individual ; ( 3 ) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him ; ( 4 ) establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the agency of an initial adverse agency determination, and for whatever additional means may be necessary for each individual to be able to exercise fully his rights under this section; and ( 5 ) establish fees to be charged, if any, to any individual for making copies of his record, excluding the cost of any search for and review of the record.\n\nThe Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection ( e ) ( 4 ) of this section in a form available to the public at low cost.\n\n( g ) ( 1 ) Civil Remedies.Whenever any agency ( A ) makes a determination under subsection ( d ) ( 3 ) of this section not to amend an individuals record in accordance with his request, or fails to make such review in conformity with that subsection ; ( B ) refuses to comply with an individual request under subsection ( d ) ( 1 ) of this section ; ( C ) fails to maintain any record concerning any individual with such accuracy, relevance, timeliness, and completeness as is necessary to assure fairness in any determination relating to the qualifications, character, rights, or opportunities of, or benefits to the individual that may be made on the basis of such record, and consequently a determination is made which is adverse to the individual ; or ( D ) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a way as to have an adverse effect on an individual, the individual may bring a civil action against the agency, and the district courts of the United States shall have jurisdiction in the matters under the provisions of this subsection.\n\n( 2 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( A ) of this section, the court may order the agency to amend the individuals record in accordance with his request or in such other way as the court may direct. In such a case the court shall determine the matter de novo.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 3 ) ( A ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( B ) of this section, the court may enjoin the agency from withholding the records and order the production to the complainant of any agency records improperly withheld from him. In such a case the court shall determine the matter de novo, and may examine the contents of any agency records in camera to determine whether the records or any portion thereof may be withheld under any of the exemptions set forth in subsection ( k ) of this section, and the burden is on the agency to sustain its action.\n\n( B ) The court may assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case under this paragraph in which the complainant has substantially prevailed.\n\n( 4 ) In any suit brought under the provisions of subsection ( g ) ( 1 ) ( C ) or ( D ) of this section in which the court determines that the agency acted in a manner which was intentional or willful, the United States shall be liable to the individual in an amount equal to the sum of ( A ) actual damages sustained by the individual as a result of the refusal or failure, but in no case shall a person entitled to recovery receive less than the sum of {$1000.00} ; and ( B ) the costs of the action together with reasonable attorney fees as determined by the court.\n\n( 5 ) An action to enforce any liability created under this section may be brought in the district court of the United States in the district in which the complainant resides, or has his principal place of business, or in which the agency records are situated, or in the District of Columbia, without regard to the amount in controversy, within two years from the date on which the cause of action arises, except that where an agency has materially and willfully misrepresented any information required under this section to be disclosed to an individual and the information so misrepresented is material to establishment of the liability of the agency to the individual under this section, the action may be brought at any time within two years after discovery by the individual of the misrepresentation. Nothing in this section shall be construed to authorize any civil action by reason of any injury sustained as the result of a disclosure of a record prior to XX/XX/XXXX. \n( h ) Rights of Legal Guardians.\n\nFor the purposes of this section, the parent of any minor, or the legal guardian of any individual who has been declared to be incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual. ( i ) ( 1 ) Criminal Penalties. Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than {$5000.00}. ( 2 ) Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection ( e ) ( 4 ) of this section shall be guilty of a misdemeanor and fined not more than {$5000.00}. ( 3 ) Any person who knowingly and willfully requests or obtains any record concerning an individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than {$5000.00}. ( j ) General Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from any part of this section except subsections ( b ), ( c ) ( 1 ) and ( 2 ), ( e ) ( 4 ) ( A ) through ( F ), ( e ) ( 6 ), ( 7 ), ( 9 ), ( 10 ), and ( 11 ), and ( i ) if the system of records is ( 1 ) maintained by the Central Intelligence Agency ; or ( 2 ) maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of ( A ) information compiled for the purpose of identifying individual criminal offenders and alleged offenders and consisting only of identifying data and notations of arrests, the nature and disposition of criminal charges, sentencing, confinement, release, and parole and probation status ; ( B ) information compiled for the purpose of a criminal investigation, including reports of informants and investigators, and associated with an identifiable individual ; or ( C ) reports identifiable to an individual compiled at any stage of the process of enforcement of the criminal laws from arrest or indictment through release from supervision. At the time rules are adopted under this subsection, the agency shall include in the statement required under section 553 ( c ) of this title, the reasons why the system of records is to be exempted from a provision of this section. ( k ) Specific Exemptions.The head of any agency may promulgate rules, in accordance with the requirements ( including general notice ) of sections 553 ( b ) ( 1 ), ( 2 ), and ( 3 ), ( c ), and ( e ) of this title, to exempt any system of records within the agency from subsections ( c ) ( 3 ), ( d ), ( e ) ( 1 ), ( e ) ( 4 ) ( G ), ( H ), and ( I ) and ( f ) of this section if the system of records is ( 1 ) subject to the provisions of section 552 ( b ) ( 1 ) of this title ; ( 2 ) investigatory material compiled for law enforcement purposes, other than material within the scope of subsection ( j ) ( 2 ) of this section : Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise","date_sent_to_company":"2024-01-11T01:00:49.000Z","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":"8140719","timely":"Yes","company_response":"Closed with explanation","submitted_via":"Web","company":"Experian Information Solutions Inc.","date_received":"2024-01-11T00:48:33.000Z","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":["when such <em>process</em> becomes a matter of public record ; ( 9 ) establish rules of conduct for persons involved in the <em>design</em>, development, operation, or maintenance of any system of records, or in maintaining any record, and instruct each such person with respect to such rules and the requirements of this section, including any other rules and procedures adopted pursuant to this section and the penalties for noncompliance ; ( 10 ) establish appropriate administrative, technical, and physical safeguards"]},"sort":[5.2685633,"8140719"]},{"_index":"complaint-public-v1","_id":"7600426","_score":3.487237,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am writing to inform you that I have received a copy of my credit report and it has come up with some errors. You reported several wrong personal identifiers in the file, which may jeopardize my identity if they are not changed immediately! \nI want this resolved as soon as possible so please remove all inaccuracies from your records before any bad consequences happen because these things can really harm someone's life. \nMy only name is XXXX XXXX XXXX, I do not have another name or alias. I insist that you remove all names from your system that do not match XXXX XXXX XXXX. \nAlso, my current address is XXXX XXXX XXXX XXXX XXXX, GA XXXX, XXXX XXXX, GA XXXX! I am requesting that the information in my file be updated to reflect only my current correct address. Any address that you have on file for me that deviates from XXXX XXXX XXXX XXXX XXXX, GA XXXX, XXXX XXXX, GA XXXX is not accurate and should be removed immediately. \nI also ask that you remove any employers and phone numbers associated with my credit report. I do not AUTHORIZE you to retain or report any information, which consists of unverified claims about myself being potentially outdated or inaccurate. \nPlease do not use old or incorrect information about me. I understand that you must complete this update within 30 days of receipt of my letter, which means it's imperative we get everything accurate! \nI look forward to your written response confirming your compliance on this matter as well as an updated credit report. \nSincerely, XXXX XXXX XXXX Please send your written response to my address of XXXX XXXX XXXX XXXX XXXX, GA XXXX, XXXX XXXX, GA XXXX I am reporting that there are some negative items in my credit profile, but I have not confirmed or accepted that these are accurate. I dispute these claims and demand that any negative information be removed from the reports immediately.The claims that this information in my report is negative, untrue, incorrect, incomplete, untimely, and not verifiable are unsubstantiated. I have yet to be provided physical verifiable proof that the claims of negativity within my report are true.After reviewing my report I noticed several deviations from mandatory reporting standards therefore the data in my report can not be accurate and complete! With that said, I refute your allegations and challenge you to provide proof that you have the right to report this incomplete negative information about me. Document that you have complied with the reporting requirements, and report without any deviations. If you have not complied with the requirements or there are any negative aspects below that have been challenged, you must remove them from my report. Per 15 U.S.C 1681e 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 \" Also per 12 CFR Part 1022 ( Regulation V ) requires furnishers to : A - Furnish information about accounts or other relationships with a consumer that has integrity. B - Furnish information about accounts or other relationships with a consumer that is accurate. C - Conduct reasonable investigations of consumer disputes According to CRRG, in order to make a lawful report, you must follow the Metro 2 compliance standards. Also as stated in the CRRG Any Deviation From These Standards Jeopardizes The Integrity of The Data. This means that any mistakes in reporting claims can make the information less accurate. This is important to remember because it affects the accuracy of any federally regulated reports. With that said! I found some mistakes and inaccuracies in your report and I would like to invoke my rights to dispute/challenge these inaccurate and non-compliant items. If you continue to report claims that are not perfect, it shows that you do not care about my rights as a consumer. I don't think it's fair for you to report on me in a way that isn't confirmed to be ethical and meets the standards of certified reporting. The following claims about me were not reported correctly and do not meet federal requirements. I am challenging these claims and asking for proof that the proper reporting standards were followed. \nchallenged account : XXXX  ( XXXX ) - ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( Original Creditor : XXXX XXXX XXXX  ) XXXX XXXX ( Original Creditor : XXXX XXXX XXXX XXXX ) XXXX XXXX XXXX XXXX ( Original Creditor : XXXX XXXX XXXX  ) XXXX XXXX ( Original Creditor : XXXX XXXX XXXX ) XXXX XXXX ( Original Creditor : XXXX XXXX XXXX XXXX  ) XXXX ( Original Creditor : ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  XXXX XXXX is reporting on my consumer credit file without providing me any communication regarding the account and debt alleged owed XXXX under FDCPA they are suppose to provide me a notice within 5 days before furnishing on my reporting, providing me notice of the debt pursuant to 15 U.S. Code 1692g - Validation of debts- a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. they did not lawfully provide proper communication that i have a right under 15 U.S. Code 1692g - Validation of debts- ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. 15 U.S. Code 1666b - Timing of payments- ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. These companies are reporting late payments, collections, and 30 day, 60 days,120 days payment on dates that are PPNL PAID AND NEVER LATE there fore prompting me to not be able to properly responded during the dunning period for the alleged debt which does not constitute for me to be liable by law under 15 U.S. Code 1692g - Validation of debts ( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.15 U.S. Code 1681b - Permissible purposes of consumer reports- ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18. ( 2 ) In accordance with the written instructions of the consumer to whom it relates. ( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; they are communicating with Third parties TRANSUNION, XXXX, XXXX, XXXX XXXX with out proper permissible purpose under 15 U.S. Code 1692c - Communication in connection with debt collection- ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt ( b ) Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. this company is also furnishing incorrect incomplete in accurate information they are claiming to have charged off and collecting which they can not do, i asked them for validation of debt This letter is being sent to you in response to notices sent to me from your company and more importantly, due to your erroneous reporting to the Credit Bureaus, the highly negative impact on my personal credit report. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that your claim is disputed and validation is requested. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you regarding the following account numbers : 15 U.S. Code 1681e - Compliance procedures-a ) Identity and purposes of credit users Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. ( 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. ( 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. ( 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. 15 U.S. Code 1681i - Procedure in case of disputed accuracy- ( a ) Reinvestigations of disputed information ( 1 ) Reinvestigation required ( A ) In general Subject to subsection ( f ) and except as provided in subsection ( g ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Please provide me with : Your legal staff will agree that compliance with this request is required under the state laws and the Federal Statutes. In addition to the questionnaire below, please attach copies of : - Agreement with your client that grants you the authority to collect on this alleged debt, or proof of acquisition by purchase or assignment. - Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor. - Proof that you are licensed to collect in my state. - Your license numbers and Registered Agent or Agent of Service. - The identity, name, and address of the original creditor. Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities. At this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus ( XXXX, XXXX or TransUnion ) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate to bring legal action against you for the following : 1. Violation of the Fair Credit Reporting Act, ,2. Violation of the Fair Debt Collection Practices Act and 3. Defamation of Character If your offices can provide proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate, when in fact there is no provided proof that it is accurate. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. If your company fails to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit report and a copy of such deletion ( to any/all of the XXXX major credit reporting bureaus : XXXX, XXXX and TransUnion ) request shall be sent to me immediately. It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose. they failed to do so. they also did not provide me with my 1099C tax form for the charge off i have to turn all charged off debts in on for income on 1099c in which they are claiming to have done while unlawfully still trying to collect.\n\nFurthermore, as you can see from the information above, your agency is not reporting accurate information. According to [ 15 USC 1681e ] ( b ), 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 to whom the report relates.\n\nYou are in violation of the FCRA, [ 15 USC 1681b ] ( a ) ( 2 ) : ( 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. I offer my testimony herein that I have not authorized or given anyone access to my private and confidential records and certainly not the information you're reporting.\n\nMy rights were violated, especially my right to privacy, according to [ 15 USC 1681 ] ( a ) ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and respect for the consumers right to privacy To Whom It May Concern : This letter is being sent to you in response to notices sent to me from your company and more importantly, due to your erroneous reporting to the Credit Bureaus, the highly negative impact on my personal credit report. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that your claim is disputed and validation is requested.\n\nThis is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you regarding the following account numbers : XXXX ( XXXX ) - ( XXXX ) XXXX XXXX XXXX  XXXX XXXX XXXX XXXX ( Original Creditor XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ( Original Creditor : XXXX XXXX XXXX XXXX ) XXXX XXXX XXXX XXXX ( Original Creditor : XXXXXXXX XXXX XXXX ) XXXX XXXX ( Original Creditor : XXXX XXXX XXXX ) XXXX XXXX ( Original Creditor : XXXX XXXX XXXX XXXX ) XXXX ( Original Creditor : ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Please provide me with : Your legal staff will agree that compliance with this request is required under the state laws and the Federal Statutes.\n\nIn addition to the questionnaire below, please attach copies of : - Agreement with your client that grants you the authority to collect on this alleged debt, or proof of acquisition by purchase or assignment.\n\n- Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.\n\n- Proof that you are licensed to collect in my state.\n\n- Your license numbers and Registered Agent or Agent of Service. \n- The identity, name, and address of the original creditor. \n-copy of the debt purchase aggrement with creditor with terms and conditions attached Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities. \nAt this time, I will also inform you that if your offices have reported invalidated information to any of the XXXX major Credit Bureaus ( XXXX, XXXX or TransUnion ) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate to bring legal action against you for the following : 1. Violation of the Fair Credit Reporting Act, ,2. Violation of the Fair Debt Collection Practices Act and 3. Defamation of Character If your offices can provide proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.\n\nAlso, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying and account as accurate, when in fact there is no provided proof that it is accurate.\n\nI would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.\n\nIf your company fails to respond to this validation request within 30 days from the date of your 1 of 2 receipt, all references to this account must be deleted and completely removed from my credit report and a copy of such deletion ( to any/all of the XXXX major credit reporting bureaus : XXXX, XXXX and TransUnion ) request shall be sent to me immediately.\n\nIt would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose.\n\nTo Whom It May Concern : I am concerned about the validity and accuracy of your recent investigation of the accounts that are reporting on my credit report. About 30 days ago I requested an investigation because I felt the item ( s ) below were not being reported legally.\n\nA couple of days ago I received a letter stating that your investigation was complete and the items listed above were Verified. \nThis letter is my formation request for you to explain to me how you conducted your investigation and for you to provide me your method of verification. \nYour response should to me should include the following at a minimum. \nPlease explain to me what your representatives uncovered to lead them to believe that you are reporting this item as it legally should be reported? \nWhat certified documents were reviewed to conclude your investigation? \nPlease provide a complete copy of all of the information that was transmitted to the data furnisher as part of the investigation. \nWhat did it cost your company to obtain the documents needed to complete your investigation? \nPlease provide proof of your timely procurement of certified documents. \nDid you speak directly to any agent of the company that was reporting the information to confirm the accuracy of what you are reporting? \nIf yes to above : Who did you speak to? \nOn what date? \nHow long was the conversation? \nWhat was their position? \nWhat telephone number did you call? \nWhat is the name of the employee of your company that spoke directly to the above party? \nWhat is the position of the employee of your company that spoke directly to the above party? \nHow long has that employee been employed by your company? \nWhat formal training was provided to this employee to investigate items of this kind? \nWas there any e-mail or written communication between members of your company and the above party? \nProvide copies of all correspondence ; supply copies of any and all conclusive documentation to prove that you have in fact conducted a reasonable investigation of the account in question. \nProvide the date of the commencement of delinquency. \nProvide the SPECIFIC date reporting that these items will cease. \nEnclosed with your response to the above questions I respectfully request a notarized affidavit confirming the information that is provided is true and correct as per my civil rights granted under several federal laws. This information should not come as a form letter response. \nMy initial dispute was detailed and directly related to the account in question. A template response will not be an acceptable response. If you can not supply ALL of the above information in a timely manner as detailed in several laws, including but not limited to the Fair Credit Reporting Act, I must immediately demand the permanent removal of this item from my credit report. \nThis erroneous entry is detrimental to my overall credit rating and has caused me severe financial and emotional distress. If you choose not to provide the above-requested deletion or requested/required documentation of your investigation, I will pursue the enforcement of my constitutional rights via federal court proceedings. As you are well aware this information will come out through my formal discovery process and necessary depositions. I have recently studied constitutional consumer protection laws along with civil/federal court procedures. I will represent myself pro-se and will formally request a jury trial. \nHere is a list of accounts that you claimed were verified FALSE LATE PAYMENT REPORTING THESE FOLLOWING ACCOUNTS WHERE NEVER LATE [ PPNL ] [ PAID NEVER LATE ] AND SHOULD BE UPDATED AS PAID AS AGRRED. \n\nXXXX [ LATE PAYMENT DATE XX/XX/XXXX ] XXXX XXXX XXXXXXXX [ LATE PAYMENT DATE XX/XX/XXXX ] XXXX XXXX [ LATE PAYMENT XX/XX/XXXX DAY XXXX, XXXX, XXXX, XXXX, XX/XX/XXXX ] XXXX XXXX XXXX [ LATE PAYMENT DATES XXXX XXXX, XX/XX/XXXX ] XXXX [ LATE PAYMENT DATE XX/XX/XXXX ] XXXX XXXXXXXX [ LATE PAYMENT DATES XXXX XXXX, XXXX, XX/XX/XXXX, XXXX ] Inaccurate late payments like this are preventing me from obtaining credit that I'm trying to apply for because it's lowering my credit score big time. I've already been in talks with some experts who have informed me that there are laws to ensure that inaccurate credit information can't be reported.\n\nI have fully investigated my rights and found that the Fair Credit Reporting Act does not allow you to victimize innocent, credit worthy individuals by reporting erroneous and inaccurate information. Under the Fair Credit Reporting Act, the following applies to me : FCRA 623 ( a ) ( 8 ) Ability of Consumer to Dispute Information Directly with Furnisher ( A ) In general. The Federal banking agencies, the National Credit Union Administration, and the Commission shall jointly prescribe regulations that shall identify the circumstances under which a furnisher shall be required to re-investigate a dispute concerning the accuracy of information contained in a consumer report on the consumer, based on a direct request of a consumer.\n\n( B ) Considerations. In prescribing regulations under subparagraph ( A ), the agencies shall weigh : ( i ) the benefits to consumers with the costs on furnishers and the credit reporting system ; ( ii ) the impact on the overall accuracy and integrity of consumer reports of any such requirements ; ( iii ) whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute ; and ( iv ) the potential impact on the credit reporting process if credit repair organizations, as defined in section 403 ( 3 ), including entities that would be a credit repair organization, but for section 403 ( 3 ) ( B ) ( i ), are able to circumvent the prohibition in subparagraph ( G ).\n\n( C ) Applicability. Subparagraphs ( D ) through ( G ) shall apply in any circumstance identified under the regulations promulgated under subparagraph ( A ).\n\n( D ) Submitting a notice of dispute- A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to such person at the address specified by the person for such notices that : ( i ) identifies the specific information that is being disputed ; ( ii ) explains the basis for the dispute; and ( iii ) includes all supporting documentation required by the furnisher to substantiate the basis of the dispute.\n\n( E ) Duty of person after receiving notice of dispute. After receiving a notice of dispute from a consumer pursuant to subparagraph ( D ), the person that provided the information in dispute to a consumer reporting agency shall : ( i ) conduct an investigation with respect to the disputed information ; ( ii ) review all relevant information provided by the consumer with the notice ; ( iii ) complete such person 's investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 611 ( a ) ( 1 ) within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and ( iv ) if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate.\n\n( F ) Frivolous or Irrelevant Dispute ( i ) In general. This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, including -- ( I ) by reason of the failure of a consumer to provide sufficient information to investigate the disputed information; or ( II ) the submission by a consumer of a dispute that is substantially the same as a dispute previously submitted by or for the consumer, either directly to the person or through a consumer reporting agency under subsection ( b ), with respect to which the person has already performed the person 's duties under this paragraph or subsection ( b ), as applicable.\n\n( ii ) Notice of determination. Upon making any determination under clause ( i ) that a dispute is frivolous or irrelevant, the person shall noti","date_sent_to_company":"2023-09-25T04:35:08.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"28306","tags":null,"has_narrative":true,"complaint_id":"7600426","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"TRANSUNION INTERMEDIATE HOLDINGS, INC.","date_received":"2023-09-25T04:35:02.000Z","state":"NC","company_public_response":"Company has responded to the consumer and the CFPB and chooses not to provide a public response","sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Code 1692g - Validation of debts- a ) Notice of debt ; contents Within five days after the <em>initial</em> communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the <em>initial</em> communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty"]},"sort":[3.487237,"7600426"]},{"_index":"complaint-public-v1","_id":"7599504","_score":3.4780726,"_source":{"product":"Credit reporting or other personal consumer reports","complaint_what_happened":"I am writing to inform you that I have received a copy of my credit report and it has come up with some errors. You reported several wrong personal identifiers in the file, which may jeopardize my identity if they are not changed immediately! \nI want this resolved as soon as possible so please remove all inaccuracies from your records before any bad consequences happen because these things can really harm someone's life. \nMy only name is XXXX XXXX XXXX, I do not have another name or alias. I insist that you remove all names from your system that do not match XXXX XXXX XXXX. \nAlso, my current address is XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX, XXXX XXXXXXXX XXXX XXXX XXXX XXXXm requesting that the information in my file be updated to reflect only my current correct address. Any address that you have on file for me that deviates from XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX is not accurate and should be removed immediately. \nI also ask that you remove any employers and phone numbers associated with my credit report. I do not AUTHORIZE you to retain or report any information, which consists of unverified claims about myself being potentially outdated or inaccurate. \nPlease do not use old or incorrect information about me. I understand that you must complete this update within 30 days of receipt of my letter, which means it's imperative we get everything accurate! \nI look forward to your written response confirming your compliance on this matter as well as an updated credit report. \nSincerely, XXXX XXXX XXXX Please send your written response to my address of XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX I am reporting that there are some negative items in my credit profile, but I have not confirmed or accepted that these are accurate. I dispute these claims and demand that any negative information be removed from the reports immediately.The claims that this information in my report is negative, untrue, incorrect, incomplete, untimely, and not verifiable are unsubstantiated. I have yet to be provided physical verifiable proof that the claims of negativity within my report are true.After reviewing my report I noticed several deviations from mandatory reporting standards therefore the data in my report can not be accurate and complete! With that said, I refute your allegations and challenge you to provide proof that you have the right to report this incomplete negative information about me. Document that you have complied with the reporting requirements, and report without any deviations. If you have not complied with the requirements or there are any negative aspects below that have been challenged, you must remove them from my report. Per 15 U.S.C 1681e 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 \" Also per 12 CFR Part 1022 ( Regulation V ) requires furnishers to : A - Furnish information about accounts or other relationships with a consumer that has integrity. B - Furnish information about accounts or other relationships with a consumer that is accurate. C - Conduct reasonable investigations of consumer disputes According to CRRG, in order to make a lawful report, you must follow the Metro 2 compliance standards. Also as stated in the CRRG Any Deviation From These Standards Jeopardizes The Integrity of The Data. This means that any mistakes in reporting claims can make the information less accurate. This is important to remember because it affects the accuracy of any federally regulated reports. With that said! I found some mistakes and inaccuracies in your report and I would like to invoke my rights to dispute/challenge these inaccurate and non-compliant items. If you continue to report claims that are not perfect, it shows that you do not care about my rights as a consumer. I don't think it's fair for you to report on me in a way that isn't confirmed to be ethical and meets the standards of certified reporting. The following claims about me were not reported correctly and do not meet federal requirements. I am challenging these claims and asking for proof that the proper reporting standards were followed. \nchallenged account : XXXX  ( XXXX ) - ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( Original Creditor : XXXX XXXX XXXX ) XXXX XXXX  ( Original Creditor : XXXX XXXX XXXX XXXX  ) XXXX XXXX XXXX XXXX ( Original Creditor : XXXX XXXX XXXX  ) XXXX XXXX ( Original Creditor : XXXXXXXX XXXX XXXX ) XXXX XXXX ( Original Creditor : XXXX XXXX XXXX XXXX ) XXXX ( Original Creditor : ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX is reporting on my consumer credit file without providing me any communication regarding the account and debt alleged owed XXXX under FDCPA they are suppose to provide me a notice within 5 days before furnishing on my reporting, providing me notice of the debt pursuant to 15 U.S. Code 1692g - Validation of debts- a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. they did not lawfully provide proper communication that i have a right under 15 U.S. Code 1692g - Validation of debts- ( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor. 15 U.S. Code 1666b - Timing of payments- ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. These companies are reporting late payments, collections, and 30 day, 60 days,120 days payment on dates that are PPNL PAID AND NEVER LATE there fore prompting me to not be able to properly responded during the dunning period for the alleged debt which does not constitute for me to be liable by law under 15 U.S. Code 1692g - Validation of debts ( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.15 U.S. Code 1681b - Permissible purposes of consumer reports- ( a ) In general Subject to subsection ( c ), any consumer reporting agency may furnish a consumer report under the following circumstances and no other : ( 1 ) In response to the order of a court having jurisdiction to issue such an order, a subpoena issued in connection with proceedings before a Federal grand jury, or a subpoena issued in accordance with section 5318 of title 31 or section 3486 of title 18. ( 2 ) In accordance with the written instructions of the consumer to whom it relates. ( 3 ) To a person which it has reason to believe ( A ) intends to use the information in connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer ; they are communicating with Third parties XXXX, EQUIFAX, XXXX, XXXX XXXX with out proper permissible purpose under 15 U.S. Code 1692c - Communication in connection with debt collection- ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt ( b ) Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. this company is also furnishing incorrect incomplete in accurate information they are claiming to have charged off and collecting which they can not do, i asked them for validation of debt This letter is being sent to you in response to notices sent to me from your company and more importantly, due to your erroneous reporting to the Credit Bureaus, the highly negative impact on my personal credit report. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that your claim is disputed and validation is requested. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you regarding the following account numbers : 15 U.S. Code 1681e - Compliance procedures-a ) Identity and purposes of credit users Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought, and certify that the information will be used for no other purpose. Every consumer reporting agency shall make a reasonable effort to verify the identity of a new prospective user and the uses certified by such prospective user prior to furnishing such user a consumer report. No consumer reporting agency may furnish a consumer report to any person if it has reasonable grounds for believing that the consumer report will not be used for a purpose listed in section 1681b of this title. ( b ) Accuracy of report Whenever a consumer reporting agency prepares a consumer report it shall follow reasonable procedures to assure maximum possible accuracy of the information concerning the individual about whom the report relates. ( 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. ( 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. ( 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. 15 U.S. Code 1681i - Procedure in case of disputed accuracy- ( a ) Reinvestigations of disputed information ( 1 ) Reinvestigation required ( A ) In general Subject to subsection ( f ) and except as provided in subsection ( g ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer reporting agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, the agency shall, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Please provide me with : Your legal staff will agree that compliance with this request is required under the state laws and the Federal Statutes. In addition to the questionnaire below, please attach copies of : - Agreement with your client that grants you the authority to collect on this alleged debt, or proof of acquisition by purchase or assignment. - Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor. - Proof that you are licensed to collect in my state. - Your license numbers and Registered Agent or Agent of Service. - The identity, name, and address of the original creditor. Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities. At this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus ( Experian, Equifax or TransUnion ) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate to bring legal action against you for the following : 1. Violation of the Fair Credit Reporting Act, ,2. Violation of the Fair Debt Collection Practices Act and 3. Defamation of Character If your offices can provide proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate, when in fact there is no provided proof that it is accurate. I would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. If your company fails to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit report and a copy of such deletion ( to any/all of the 3 major credit reporting bureaus : Equifax, Experian and TransUnion ) request shall be sent to me immediately. It would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose. they failed to do so. they also did not provide me with my 1099C tax form for the charge off i have to turn all charged off debts in on for income on 1099c in which they are claiming to have done while unlawfully still trying to collect.\n\nFurthermore, as you can see from the information above, your agency is not reporting accurate information. According to [ 15 USC 1681e ] ( b ), 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 to whom the report relates.\n\nYou are in violation of the FCRA, [ 15 USC 1681b ] ( a ) ( 2 ) : ( 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. I offer my testimony herein that I have not authorized or given anyone access to my private and confidential records and certainly not the information you're reporting.\n\nMy rights were violated, especially my right to privacy, according to [ 15 USC 1681 ] ( a ) ( 4 ) There is a need to ensure that consumer reporting agencies exercise their grave responsibilities with fairness, impartiality, and respect for the consumers right to privacy To Whom It May Concern : This letter is being sent to you in response to notices sent to me from your company and more importantly, due to your erroneous reporting to the Credit Bureaus, the highly negative impact on my personal credit report. Please be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( b ) that your claim is disputed and validation is requested.\n\nThis is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you regarding the following account numbers : XXXX ( XXXX ) - ( XXXX ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( Original Creditor : XXXX XXXX XXXX ) XXXX XXXX ( Original Creditor : XXXX XXXX XXXX XXXX  ) XXXX XXXX XXXX XXXX  ( Original Creditor : XXXXXXXX XXXX XXXX  ) XXXX XXXX  ( Original Creditor : XXXX XXXX XXXX ) XXXX XXXX ( Original Creditor : XXXX XXXX XXXX XXXX  ) XXXX ( Original XXXX : ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Please provide me with : Your legal staff will agree that compliance with this request is required under the state laws and the Federal Statutes.\n\nIn addition to the questionnaire below, please attach copies of : - Agreement with your client that grants you the authority to collect on this alleged debt, or proof of acquisition by purchase or assignment.\n\n- Agreement that bears the signature of the alleged debtor wherein he or she agreed to pay the creditor.\n\n- Proof that you are licensed to collect in my state.\n\n- Your license numbers and Registered Agent or Agent of Service.\n\n- The identity, name, and address of the original creditor.\n\n-copy of the debt purchase aggrement with creditor with terms and conditions attached Please also be advised that this letter is not only a formal dispute, but a request that you cease and desist any and all collection activities.\n\nAt this time, I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureaus ( XXXX, Equifax or XXXX ) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate to bring legal action against you for the following : 1. Violation of the Fair Credit Reporting Act, ,2. Violation of the Fair Debt Collection Practices Act and 3. Defamation of Character If your offices can provide proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.\n\nAlso, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes listing any information with a credit reporting repository that could be inaccurate or invalidated or verifying and account as accurate, when in fact there is no provided proof that it is accurate.\n\nI would also like to request, in writing, that no telephone contact be made by your company to my home or my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.\n\nIf your company fails to respond to this validation request within 30 days from the date of your 1 of 2 receipt, all references to this account must be deleted and completely removed from my credit report and a copy of such deletion ( to any/all of the 3 major credit reporting bureaus : Equifax, XXXX and XXXX  ) request shall be sent to me immediately.\n\nIt would be advisable that you assure your records are in order before I am forced to take legal action against your company and your client. This is an attempt to correct your records, any information obtained shall be used for that purpose.\n\nTo Whom It May Concern : I am concerned about the validity and accuracy of your recent investigation of the accounts that are reporting on my credit report. About 30 days ago I requested an investigation because I felt the item ( s ) below were not being reported legally.\n\nA couple of days ago I received a letter stating that your investigation was complete and the items listed above were Verified.\n\nThis letter is my formation request for you to explain to me how you conducted your investigation and for you to provide me your method of verification.\n\nYour response should to me should include the following at a minimum.\n\nPlease explain to me what your representatives uncovered to lead them to believe that you are reporting this item as it legally should be reported?\n\nWhat certified documents were reviewed to conclude your investigation?\n\nPlease provide a complete copy of all of the information that was transmitted to the data furnisher as part of the investigation.\n\nWhat did it cost your company to obtain the documents needed to complete your investigation?\n\nPlease provide proof of your timely procurement of certified documents.\n\nDid you speak directly to any agent of the company that was reporting the information to confirm the accuracy of what you are reporting?\n\nIf yes to above : Who did you speak to?\n\nOn what date?\n\nHow long was the conversation?\n\nWhat was their position?\n\nWhat telephone number did you call?\n\nWhat is the name of the employee of your company that spoke directly to the above party?\n\nWhat is the position of the employee of your company that spoke directly to the above party?\n\nHow long has that employee been employed by your company?\n\nWhat formal training was provided to this employee to investigate items of this kind?\n\nWas there any e-mail or written communication between members of your company and the above party?\n\nProvide copies of all correspondence ; supply copies of any and all conclusive documentation to prove that you have in fact conducted a reasonable investigation of the account in question.\n\nProvide the date of the commencement of delinquency.\n\nProvide the SPECIFIC date reporting that these items will cease.\n\nEnclosed with your response to the above questions I respectfully request a notarized affidavit confirming the information that is provided is true and correct as per my civil rights granted under several federal laws. This information should not come as a form letter response.\n\nMy initial dispute was detailed and directly related to the account in question. A template response will not be an acceptable response. If you can not supply ALL of the above information in a timely manner as detailed in several laws, including but not limited to the Fair Credit Reporting Act, I must immediately demand the permanent removal of this item from my credit report.\n\nThis erroneous entry is detrimental to my overall credit rating and has caused me severe financial and emotional distress. If you choose not to provide the above-requested deletion or requested/required documentation of your investigation, I will pursue the enforcement of my constitutional rights via federal court proceedings. As you are well aware this information will come out through my formal discovery process and necessary depositions. I have recently studied constitutional consumer protection laws along with civil/federal court procedures. I will represent myself pro-se and will formally request a jury trial.\n\nHere is a list of accounts that you claimed were verified FALSE LATE PAYMENT REPORTING THESE FOLLOWING ACCOUNTS WHERE NEVER LATE [ PPNL ] [ PAID NEVER LATE ] AND SHOULD BE UPDATED AS PAID AS AGRRED. \n\nXXXX [ LATE PAYMENT DATE XX/XX/XXXX ] XXXX XXXX XXXXXXXX [ LATE PAYMENT DATE XX/XX/XXXX ] XXXX XXXX [ LATE PAYMENT XX/XX/XXXX DAY XXXX, XXXX, XXXX, XXXX, XX/XX/XXXX ] XXXX XXXX XXXX [ LATE PAYMENT DATES FED XXXX, XX/XX/XXXX ] XXXX [ LATE PAYMENT DATE XX/XX/XXXX ] XXXX  XXXX [ LATE PAYMENT DATES XXXX XXXX, XXXX, XX/XX/XXXX, XXXX ] Inaccurate late payments like this are preventing me from obtaining credit that I'm trying to apply for because it's lowering my credit score big time. I've already been in talks with some experts who have informed me that there are laws to ensure that inaccurate credit information can't be reported. \n\nI have fully investigated my rights and found that the Fair Credit Reporting Act does not allow you to victimize innocent, credit worthy individuals by reporting erroneous and inaccurate information. Under the Fair Credit Reporting Act, the following applies to me : FCRA 623 ( a ) ( 8 ) Ability of Consumer to Dispute Information Directly with Furnisher ( A ) In general. The Federal banking agencies, the National Credit Union Administration, and the Commission shall jointly prescribe regulations that shall identify the circumstances under which a furnisher shall be required to re-investigate a dispute concerning the accuracy of information contained in a consumer report on the consumer, based on a direct request of a consumer.\n\n( B ) Considerations. In prescribing regulations under subparagraph ( A ), the agencies shall weigh : ( i ) the benefits to consumers with the costs on furnishers and the credit reporting system ; ( ii ) the impact on the overall accuracy and integrity of consumer reports of any such requirements ; ( iii ) whether direct contact by the consumer with the furnisher would likely result in the most expeditious resolution of any such dispute ; and ( iv ) the potential impact on the credit reporting process if credit repair organizations, as defined in section 403 ( 3 ), including entities that would be a credit repair organization, but for section 403 ( 3 ) ( B ) ( i ), are able to circumvent the prohibition in subparagraph ( G ).\n\n( C ) Applicability. Subparagraphs ( D ) through ( G ) shall apply in any circumstance identified under the regulations promulgated under subparagraph ( A ).\n\n( D ) Submitting a notice of dispute- A consumer who seeks to dispute the accuracy of information shall provide a dispute notice directly to such person at the address specified by the person for such notices that : ( i ) identifies the specific information that is being disputed ; ( ii ) explains the basis for the dispute; and ( iii ) includes all supporting documentation required by the furnisher to substantiate the basis of the dispute.\n\n( E ) Duty of person after receiving notice of dispute. After receiving a notice of dispute from a consumer pursuant to subparagraph ( D ), the person that provided the information in dispute to a consumer reporting agency shall : ( i ) conduct an investigation with respect to the disputed information ; ( ii ) review all relevant information provided by the consumer with the notice ; ( iii ) complete such person 's investigation of the dispute and report the results of the investigation to the consumer before the expiration of the period under section 611 ( a ) ( 1 ) within which a consumer reporting agency would be required to complete its action if the consumer had elected to dispute the information under that section; and ( iv ) if the investigation finds that the information reported was inaccurate, promptly notify each consumer reporting agency to which the person furnished the inaccurate information of that determination and provide to the agency any correction to that information that is necessary to make the information provided by the person accurate.\n\n( F ) Frivolous or Irrelevant Dispute ( i ) In general. This paragraph shall not apply if the person receiving a notice of a dispute from a consumer reasonably determines that the dispute is frivolous or irrelevant, including -- ( I ) by reason of the failure of a consumer to provide sufficient information to investigate the disputed information; or ( II ) the submission by a consumer of a dispute that is substantially the same as a dispute previously submitted by or for the consumer, either directly to the person or through a consumer reporting agency under subsection ( b ), with respect to which the person has already performed the person 's duties under this paragraph or subsection ( b ), as applicable.\n\n( ii ) Notice of determination. Upon making any determination under clause ( i ) that a dispute is frivolous or irrelevant, the person shall noti","date_sent_to_company":"2023-09-25T04:35:08.000Z","issue":"Problem with a company's investigation into an existing problem","sub_product":"Credit reporting","zip_code":"28306","tags":null,"has_narrative":true,"complaint_id":"7599504","timely":"Yes","company_response":"Closed with non-monetary relief","submitted_via":"Web","company":"EQUIFAX, INC.","date_received":"2023-09-25T04:35:02.000Z","state":"NC","company_public_response":null,"sub_issue":"Their investigation did not fix an error on your report"},"highlight":{"complaint_what_happened":["Code 1692g - Validation of debts- a ) Notice of debt ; contents Within five days after the <em>initial</em> communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the <em>initial</em> communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; 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